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The Supreme Court has issued a contempt notice to the Assam government in response to a petition filed by 48 residents alleging that their homes were demolished in violation of the court's previous order. A bench of Justices BR Gavai and KV Viswanathan directed the state to maintain the status quo and file a response within three weeks.
The petitioners, from Kachutoli Pathar village in Assam's Kamrup district, claim that their homes were demolished despite an assurance from the Assam Advocate General to the Gauhati High Court that no such action would be taken. They have lived in the area for decades under agreements with the original landholders, but the state has labeled them "illegal occupants" of tribal land.
According to the petitioners, the authorities failed to follow legal procedures, including issuing an eviction notice and providing a fair hearing. The residents argue that the demolitions violated their fundamental rights under Articles 14, 15, and 21 of the Constitution, which ensure equality before the law and the right to life and personal liberty.
The Supreme Court had previously ordered that no demolitions be carried out without judicial approval, except in cases involving encroachments on public infrastructure. Despite this, the petitioners' homes were allegedly marked for demolition without prior notice, prompting the contempt plea. The top court has now asked the Assam government to explain its actions and warned that no further demolitions should occur without its approval.