The Supreme Court on Monday ordered status quo regarding the proposed evictions and demolitions in Assam's Sonapur in the case of Faruk Ahmed and Ors v. State of Assam. A Bench of Justices BR Gavai and KV Viswanathan issued notice on the contempt of court petition challenging the demolitions and directed the State government to file its response within three weeks.
The Court was hearing a plea from forty-eight residents who contended that the demolition drive violated the Supreme Court's recent interim order against bulldozer demolitions. The Bench had recently passed an interim order banning authorities from demolishing properties using bulldozers—often termed 'bulldozer justice'—of individuals suspected of criminal activities without its permission. However, it clarified that the order would not apply to cases where such actions are required to clear unauthorized construction in public spaces.
Sonapur is located on the outskirts of Guwahati within the Kamrup Metro district. The district administration is said to have recently classified several residents in the area as 'illegal occupiers' or 'encroachers' on tribal lands. The contempt plea filed by the Sonapur residents (petitioners), through advocate Adeel Ahmed, alleged that their houses were marked for demolition without prior notice or hearing and before any declaration of their status as illegal encroachers.
According to the petitioners, they have rights over the land through power of attorney, claiming their families have resided there since the 1920s, well before the establishment of protected tribal belts in the area. They have also been provided with utility facilities, ration cards, Aadhaar cards, and voting ID cards based on their residency. Despite this, the government has marked their residences with red stickers for demolition, in violation of the law, they submitted.
It was pointed out that the authorities have been proposing to proceed with the demolitions despite an undertaking before the Gauhati High Court that had been recorded as a form of interim protection. Consequently, the residents sought contempt of court proceedings against errant officials for violating court orders and urged the Court to halt the eviction process. The plea was drawn by advocates Abdur Razzaque Bhuyan, Sana Parveen, and Arijeet Baruah, with Senior Advocate Huzefa Ahmadi appearing for the petitioners.
