Guwahati: Over 40 residents of Kasutoli village in Sonapur, Kamrup Metro district, have filed a contempt petition in the Supreme Court, alleging violation of an interim order that no demolitions should take place without prior permission from the Court.
The petitioners, who have lived in the village and surrounding areas for decades, claim authorities violated the Court’s order by marking their homes for demolition with red stickers, without issuing any formal notice or communication.
The petition challenges the district administration’s classification of the residents as “illegal occupiers” or “encroachers” on tribal land, asserting that they were allowed to reside there by the original landholders, some of whom belong to the protected tribal class.
They further argue that the demolition is in violation of Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which requires a one-month notice period before eviction.
The petition references a Gauhati High Court order from September 20, 2024, where the Advocate General of Assam assured that no action would be taken until the petitioners’ representations were addressed. Despite this, the demolition process allegedly continued.
“The right to housing is a fundamental right under Article 21 of the Constitution. This right cannot be infringed without due process. The demolition by state authorities is a violation of this right,” the petition states.
The petitioners, while not claiming ownership, maintain that their occupation was legal, backed by power of attorney agreements with the original landholders. They also highlight that they have access to essential services like electricity, ration cards, Aadhaar, and voter IDs.
They further argue that they have not violated the Assam Land and Revenue Regulation, 1886, as they have not altered the land’s nature. Additionally, they note inconsistencies in the tribal belt’s population, with non-tribals inhabiting some areas and tribal minorities in others.
The eviction drive on September 9 turned violent on its third day, leaving two dead and several injured, including residents, police, and officials. Police reportedly opened fire after being attacked by residents with stones and weapons on September 12.
The Supreme Court is scheduled to hear the petition on September 30.
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