SC Issues Notice to Assam Govt Over Goalpara Demolition Drive

Plea alleges contempt of court, discrimination, and violation of due process in eviction of 667 families; state told to respond within two weeks.
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New Delhi: The Supreme Court on Wednesday agreed to hear a contempt plea against the Assam government over an alleged violation of its demolition-related guidelines during an eviction drive in Goalpara district that affected over 667 families. A bench comprising CJI D Y Chandrachud and Justice K Vinod Chandran issued notice to the Assam Chief Secretary and other officials, seeking their response within two weeks.

The petition, filed by eight residents of Goalpara through advocate Adeel Ahmed, accuses the state of conducting mass demolitions in June without providing affected individuals adequate time or opportunity for appeal. It further alleges that the drive disproportionately targeted members of a minority community, while similarly situated individuals from the majority community were left untouched. Senior advocate Sanjay Hegde, representing the petitioners, argued that a notice of only two days was given, on June 13, directing residents to vacate by June 15. The demolition was carried out shortly after, leaving no room for legal remedy or personal hearings. “These are 667 poor families who have lived on that land for 60–70 years. Even encroachers are entitled to due process,” Hegde told the court, adding that due to the shifting course of the Brahmaputra River, many residents had been forced to move to higher ground over the years.

When asked by the Chief Justice why the matter wasn't taken to the High Court, Hegde responded that many had already done so, but those pleas largely focused on rehabilitation. The court, while agreeing to issue notice, cautioned the petitioners: “If the government responds that it is government land, our previous judgment has made it clear that our directions won’t apply to unauthorised encroachments on public land, roads, riverbanks, and water bodies.”

The petition cited the Supreme Court’s landmark judgment dated November 13, 2024, which set national guidelines requiring authorities to issue a show-cause notice and allow at least 15 days for a response before initiating demolition. The petitioners claim this directive was blatantly ignored.

The residents of Hasilabeel revenue village, where the evictions took place, claim to have lived there for over six decades without any formal objection from authorities until the recent notices. The petition calls the action "arbitrary and high-handed," stating that the demolitions were carried out without any fresh show-cause notices or opportunity for representation.

The matter will be taken up further following the Assam government's response in the coming weeks.

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