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Demolitions: SC orders status quo on Sonapur demolitions, issues notice to Assam Government Uttarakhand, UP, Gujarat also ignore Sept 17 order

Contempt petition accuses Assam authorities of defying the Supreme Court’s September 17 order staying demolitions across India; other incidents of local authorities across India bypassing legal safeguards and eroding the rule of law also reported from 5 BJP ruled states

On September 30, 2024, the Supreme Court issued a notice to the State of Assam in response to a contempt petition filed by 47 Assam residents, accusing the state of wilfully violating the Court’s interim order from September 17, 2024. Notably, through the order of September 17, the Supreme Court had directed that no demolitions should occur anywhere in the country without the Court’s prior approval.

While hearing the contempt petition, a bench comprising Justices BR Gavai and KV Viswanathan had issued the notice, which is returnable within three weeks, and also ordered both parties to maintain the status quo during this period. Senior advocate Huzefa Ahmadi, representing the petitioners, argued that the state had committed an “egregious violation” of the Court’s order. In response, Justice Gavai noted that no demolitions had taken place, to which Ahmadi replied that demolition notices had been issued, and such actions would likely continue unless stopped. The Court then ordered the parties to maintain the current situation until the case is resolved.

The contempt petition, filed on September 28, alleged that Assam authorities were in breach of the Court’s interim order from September 17, which had halted all demolition activities across the country without the Court’s express permission. It is pertinent to note that this order, however, did not apply to demolitions involving encroachments on public roads, footpaths, railway lines, or water bodies.

On September 17, a Supreme Court bench of Justices BR Gavai and KV Viswanathan had issued a significant interim order halting demolition actions nationwide while hearing a series of petitions against bulldozer-driven demolitions in various states. The bench highlighted the need to uphold constitutional principles, with Justice Viswanathan stressing that even one instance of an illegal demolition would undermine the rule of law, which should always prevail over arbitrary executive actions. (Details may be read here)

More about the petition filed by the Assam residents:

By filing the contempt petition, the petitioners had alleged that authorities in Assam have violated the Supreme Court’s order by marking their homes for demolition without issuing any prior notice, claiming they were encroaching on the land. The petition, which seeks contempt proceedings against the officials involved for demolishing their houses.

The petition references a previous order from the Gauhati High Court, dated September 20, 2024, in which the Advocate General of Assam gave an undertaking that no action would be taken against the petitioners until their representations were addressed. However, the authorities allegedly proceeded with the demolitions, further violating court orders.

According to LiveLaw, the petition stated that “The right to housing and shelter is a fundamental right as repeatedly affirmed by this Hon’ble Court and is integral to the right guaranteed under Article 21 of the Constitution. This fundamental right cannot be infringed without following due process of law. Thus, the demolition of properties by the authorities in Assam as a punitive measure for alleged crimes also violates this right.”

The petitioners, residents of Kachutoli Pathar and neighbouring areas in the Sonapur mouza of Kamrup Metro district, assert that their occupation was legally valid through power of attorney agreements with the original landholders (pattadars). While they do not claim ownership of the land, they argue their residence is lawful under these agreements. The petition challenges the administration’s classification of them as “illegal occupiers” or “encroachers” on tribal lands, pointing out that some of the pattadars who permitted them to stay are part of the protected tribal class.

The petitioners clarify that they have never claimed ownership or altered the land’s nature, arguing that the land has been in their families’ possession since the 1920s—long before the establishment of tribal belts in 1950 under a government notification. They also emphasise that they have essential services like electricity, ration cards, Aadhaar cards, and voter ID cards, all based on their residency. They maintain they have not violated the Assam Land and Revenue Regulation, 1886, as they have not changed the nature of the land.

Further, the petition highlights that portions of the tribal belt are inhabited by non-tribal people, while other areas where tribals are a minority are still included in the tribal belt. The petitioners stress that for several decades they have lived peacefully alongside tribals and other communities, without causing any disputes or conflicts. Evicting them, they argue, would not only deprive them of their homes and livelihoods but also disrupt the social harmony of the region.

The petition also claims that the authorities marked the petitioners’ homes for demolition with red stickers without issuing any prior notice, in clear violation of the law. Specifically, they cite Section 165(3) of Chapter X of the Assam Land and Revenue Regulation, which requires that an eviction notice be given, allowing one month for occupants to vacate before any demolition occurs.

The petition argues that the demolition violates the principles of natural justice, especially the doctrine of audi alteram partem, which ensures the right to a fair hearing. The petitioners contend they were not given any opportunity to defend themselves, and the absence of notice deprived them of their homes and livelihoods, violating their constitutional rights under Articles 14, 15, and 21. The petition was filed through Advocate Adeel Ahmed.

Other incidents of demolitions despite the Supreme Court’s stay:

On September 19, 2024, in Laksar, Uttarakhand, local authorities demolished a mosque following a complaint from the right-wing group Hindu Jagran Manch. The demolition was carried out by officials from the Tehsildar’s office, Nagar Palika, and the police, despite protests from the mosque’s builders. Laksar Tehsildar Pratap Singh Chauhan explained that the mosque was illegally constructed on vacant public land. Hindu Jagran Manch had previously protested the construction and filed a complaint with the sub-district magistrate. As per reports, Chauhan added that authorities had instructed the builders to cease construction, but they continued regardless. A video circulating in the media showed a Muslim man lamenting that officials refused to consider their documentation.

Hindutva groups in Uttarakhand and Himachal Pradesh have recently launched campaigns against mosques, triggering protests and demands for demolitions. In Uttarkashi, Uttarakhand, an alleged mistake in an RTI response, which initially showed no land records for a mosque, sparked protests. As per reports, further investigation allegedly revealed that the mosque’s land is legally registered under the Sunni Waqf, and local authorities are working to resolve the issue.

Also on September 19, 2024, in Uttar Pradesh’s Shahjahanpur district, a historic religious site in the village of Sahora was targeted by alleged Hindutva mob. The group demolished a shrine and replaced it with a Shivling. The police have since registered an FIR against those involved, and a heavy police force has been deployed to manage tensions in the area.

On September 21, 2024, a protest erupted in Dharavi, Maharashtra, when Brihanmumbai Municipal Corporation (BMC) staff attempted to demolish an allegedly illegal portion of the Subhania Mosque. The protest, which involved an estimated crowd of 5,000, escalated into a clash with BMC officials, resulting in property damage, including the breaking of a BMC vehicle’s glass. Notably, police responded by arresting three individuals accused of inciting the riot. The arrested individuals have been charged under various sections of the Bharatiya Nyaya Sanhita, including Section 132, which is non-bailable and relates to obstructing government employees. Police also suggested that the protest was fuelled by inflammatory social media posts circulated the night before. Local residents attempted to de-escalate the situation by urging protesters to clear the road for traffic. The BMC has since given the mosque committee eight days to address the alleged illegal construction.

On September 24, 2024, in Madhya Pradesh’s Neemuch district, authorities demolished the home of a 70-year-old widow, Barkat Bai. As per media reports, the land had been granted to her under the Mukhyamantri Ashray Yojana in 2008. According to her family, the demolition occurred while Barkat Bai was away seeking treatment for an illness. Her son-in-law, Mohammad Rais, questioned how land legally provided by the government could be deemed illegal. Locals submitted a written complaint to the district magistrate, alleging that municipal officials had been pressuring her to leave the land for some time. They also claimed that her approved housing funds had been stalled, preventing her from building a proper home. Reportedly, in an effort to force her out, officials had dug a drainage trench outside her house, restricting her movement., while the authorities have stated that the land was cleared for the construction of a fire office.

In the early hours of September 28, 2024, authorities in Gujarat’s Gir Somnath district demolished a centuries-old dargah, mosque, and graveyard as part of an ongoing anti-encroachment drive. The demolished structures included the tomb of Haji Mangroli Shah, located near Hazrat Maai Puri Masjid. Despite a Supreme Court order halting demolitions without prior approval, the authorities allegedly proceeded with the demolitions, claiming the drive was aimed at removing illegal constructions near the Somnath Temple to facilitate the Somnath Development Project. Around 150 protestors, including members of the dargah committee, were detained by police. According to local authorities, the drive cleared approximately 15 hectares of government land valued at Rs 60 crore.

On the same day, in Bareilly, Uttar Pradesh, a mob demolished the wall of an under-construction mosque while objecting to its construction. The mosque, being built on land donated by a Muslim man as part of a resolution between two brothers, was attacked while Muslim community members were away for work. It is being alleged that religious books were torn, and a house was attacked, with a woman being thrashed by the mob. The mosque was planned because there was no mosque in the village of Kela Dandi.

 

Persistent violations: illegal demolitions continue despite Supreme Court orders

The issue of illegal demolitions in India has become a significant and persistent concern, despite the Supreme Court’s recent orders halting such actions without prior approval. As seen in multiple states, local authorities continue to bypass the law by labelling homes, religious structures, and communities as “illegal encroachments,” thereby justifying demolition drives. These actions often occur without due process, violating citizens’ fundamental rights to shelter and livelihood as guaranteed by the Constitution. The widespread disregard for legal procedures, despite the Supreme Court’s stay, underscores a deeper systemic issue where executive powers are misused to marginalise vulnerable communities under the guise of legality. This ongoing trend not only undermines the rule of law but also threatens the social fabric of the affected areas, with entire communities facing displacement, communal tensions, and loss of homes.

 

 

Related:

Supreme Court halts nationwide demolitions through interim order, emphasising the ethos of the Constitution

“Bulldozer barbarism”: Demolition drive in Surat after stones thrown at Ganesh pandal

As Khyber Pass demolitions get preponed to Sept 15, residents decry decision

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

 

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