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Synopsis

A contempt petition has been filed by Assam residents against the government's decision to demolish their houses despite the top court's recent order halting any demolition without its permission of properties of persons just because they are accused of being involved in a crime.

On 17th September a bench of Justices BR Gavai and KV Viswanathan had asked the government authorities to hold their hands. The present contempt petition is listed before the same bench on Monday, September 30th.

The petitioners before court have thus sought initiation of contempt proceedings against the state authorities for committing gross deliberate and willful contempt of the Court's aforementioned order.

Filed by Advocate Addel Ahmed on behalf of 47 residents from Sonapur Districts of Kamrup Metro, Assam, the petition states that these petitioners have been residing in the said lands by virtue of deed of Power of Attorney which have been executed in their name by the original pattadars of the said lands.

"That, the Petitioners beg to submit that contrary to the allegations and, assertions of the District Administration authorities that the Petitioners are illegal occupiers and encroachers of the lands of the tribals or the protected class, they have been residing in the lands wherein they have been allowed to live by the actual pattadars and in many of the cases the actual pattadars have been from people belonging to protected class who allowed the Petitioners to stay in their lands by building houses after execution of power of attorney...", the petition adds.

It has been further submitted that the Petitioners have never encroached upon or grabbed any lands from the lands under the tribal belt. They have been the residents of the said scheduled lands since around 1950s through government granted patta way before Tribal Belt was formed, the court has further been told.

The demolition of the houses petitioners by the respondents is argued to be in violation to the rule of law and principles of procedure established by law as because as per under Section 165(3)(a) and (b) of Chapter X of the Assam Land and Revenue Regulation, 1886 even in case of persons who have entered into occupation of lands under tribal belt without valid authority or in a manner inconsistent with the provisions of Chapter X, they are liable to be evicted by service of notice of eviction requiring the occupants to vacate the lands and the remove all constructions within a period not exceeding 1 (one) month from the date of receipt of the notice.

The plea has been drawn by Advocates Abdur Razzaque Bhuyan, Sana Parveen and Arijeet Baruah.

Notably, Supreme Court had questioned the concerned authorities over their wanton demolition of houses and properties of accused in a criminal case.

A plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings.

The organisation in their petition has said that there has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states as a ‘punitive measure’ against persons allegedly involved in crime.

Case Title: Faruk Ahmed and Ors. vs. State of Assam and Ors