SUPREME COURT ISSUES CONTEMPT NOTICE TO ASSAM CHIEF SECRETARY OVER DEMOLITIONS IN GOALPARA DISTRICT:

The Supreme Court on July 24 agreed to hear a contempt petition filed against the Chief Secretary of the Assam Government and officials of the Goalpara district over alleged illegal demolitions in Hasila Beel village. The petition, filed by residents of the area, claims that the demolitions were carried out in violation of the Supreme Court’s guidelines issued in the case In Re: Directions in the matter of Demolition of Structures v. Union of India & Ors. A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran issued notice in the Civil Contempt Petition and sought a response from the State Government.

According to the petitioners, the residents of Hasila Beel village have been living in the area for over five decades, with their forefathers having settled there generations ago. The petition states that the residents are lawful citizens holding PAN cards, Aadhaar cards, and voter IDs. Despite this, on June 13, the local circle officer allegedly issued an undated notice directing all occupants to remove their houses, structures, shops, buildings, and crops within two days. The notice claimed that the land had been allotted to the Assam Fisheries Development Corporation back in 2015.

The petitioners contend that the eviction drive that followed was carried out without proper legal procedure. No individual notices were served to the affected residents. Instead, authorities merely made a public announcement using a microphone, instructing residents to vacate the premises. This, the petitioners argue, is in gross violation of the principles of natural justice and due process.

Some of the aggrieved persons had approached the Gauhati High Court through a writ petition. While the High Court did issue notice in the matter, it declined to grant any interim relief. Subsequently, the State Government and the Goalpara district administration went ahead with a mass eviction and demolition operation, which reportedly impacted around 667 families residing in the Hasila Beel revenue village area.

The petition further alleges that the demolition drive not only destroyed houses and shops but also led to the razing of five primary schools in the area. This, the petitioners claim, amounts to a violation of Article 21A of the Constitution, which guarantees the right to education.

The contempt plea asserts that the authorities acted in blatant disregard of the Supreme Court’s judgment dated November 13, 2024, in W.P.(C) No. 295 of 2022, which laid down detailed procedures and safeguards to be followed before carrying out any demolition. The petitioners have, therefore, sought initiation of contempt proceedings against the respondents for what they describe as deliberate and willful disobedience of the Supreme Court’s directions.

The plea seeks several reliefs from the Court, including a declaration that the eviction and demolition were unconstitutional and in violation of the Court’s prior judgment. It also asks for a direction to the Chief Secretary of Assam to file an affidavit explaining the measures taken to disseminate and implement the Supreme Court’s 2024 judgment. The petitioners have further requested the Court to summon the officials responsible for the eviction and to grant interim relief in the form of compensation, rehabilitation, and reconstruction of the demolished homes and schools. The petition was filed with the assistance of Advocate-on-Record Adeel Ahmed.