Guwahati Sept 30: The Supreme Court on Monday issued a stay on the eviction drive conducted by the Kamrup Metro administration in Kachutoli, under the Sonapur revenue circle of Kamrup metro district.
While hearing a contempt of court petition filed by 48 residents of the village, challenging the legality of the eviction, a division bench, comprising Justices BR Gavai and KV Viswanathan, issued a notice to the state government, instructing it to file an affidavit within three weeks.
The residents argued that the eviction violated the Supreme Court’s recent interim order, which placed restrictions on the use of bulldozers for demolition drives.
In their petition, the 48 residents raised significant legal challenges to the eviction drive initiated by the Kamrup Metro administration. Represented by Advocate Adeel Ahmed, the petitioners argued that the demolition of their homes violated the Supreme Court’s interim order, which restricted authorities from using bulldozers to demolish properties of individuals suspected of criminal activities without prior court approval.
The residents contended that they were not given prior notice or a hearing regarding the demolition of their homes, nor had they been officially declared illegal encroachers. They asserted that their families have rights to the land through powers of attorney and have occupied the area since the 1920s, predating the establishment of protected tribal belts. They further emphasized that they have been provided with utility services and government-issued identification documents, such as ration cards, Aadhaar cards, and voter ID cards, based on their residency.
The petitioners pointed out that the authorities marked their homes for demolition with red stickers, despite their long-standing residence and the legal protections they believed were in place. They also noted that the government had previously given an undertaking before the Gauhati High Court, which provided them with interim protection. This undertaking, the petitioners argued, was disregarded as the authorities proceeded with the eviction process.
In light of these facts, the petitioners sought to initiate contempt proceedings against officials involved in the alleged violation of court orders and requested the Supreme Court to halt the eviction drive.
The petition emphasized the constitutional protection of the right to housing as a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The plea underscores that this right, repeatedly upheld by the Supreme Court, cannot be infringed upon without due legal process.
The residents argued that the demolition of their homes by state authorities, purportedly as a punitive measure for alleged crimes, violates this fundamental right. The petition stresses that such actions carried out without proper notice, hearings, or legal declaration of illegal encroachment, are not only unconstitutional but also breach the due process required under the law.
The legal plea, prepared by Advocates Abdur Razzaque Bhuyan, Sana Parveen, and Arijeet Baruah, further strengthens the residents’ case by pointing out the unlawful nature of the demolitions. It highlights that the eviction drive disregards both the protections provided by previous court orders and the residents’ long-standing connection to the land, thus violating their fundamental rights.
