SC notice to Assam govt on contempt plea against illegal demolition

The Supreme Court on Thursday issued a notice to the Assam government on a contempt petition alleging illegal demolition of the residential structures in Hasilabeel village, in Goalpara district.

The petition claims that the demolitions were carried out in violation of the November 13, 2024, top court’s guidelines on the procedure to be followed for carrying out eviction and demolition.

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A bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran directed the Assam Chief Secretary and other officials to file their response within two weeks. However, the bench also observed that if the state government argues that the land in question is government-owned or constitutes a public utility such as a street, riverbank, or water body, then the court’s earlier guidelines on demolitions may not apply.

“We want to issue notice, but if the government comes with a defence that it is government land, then we have already said that our order will not be applicable to land which is owned by the government or encroachments on streets, public places, abutting rivers, and water bodies,” the bench clarified.

The contempt petition filed by eight residents of Goalpara district alleges that more than 667 families were affected by mass eviction and demolition drives carried out in June 2025. According to the petitioners, they have lived in Hasilabeel revenue village for over six decades without any objections from the authorities until recently.

On June 13, 2025, the authorities issued a notice directing residents to vacate the land by June 15. The petitioners contend that the demolitions were carried out shortly thereafter, without providing affected residents any personal hearing or a reasonable opportunity to appeal or seek legal remedy. They have stated that the two-day notice period was grossly inadequate and that the entire exercise was executed arbitrarily and in violation of the 2024 top court orders.

The petition, filed through advocate Adeel Ahmed, seeks contempt action against the state authorities for allegedly violating the Supreme Court’s November 13, 2024 guidelines, which laid down pan-India norms for eviction and demolition procedures. In that landmark judgment, the top court had ruled that no property should be demolished without issuing a prior show-cause notice and providing the affected persons at least 15 days to respond.

The judgment, however, made exceptions for unauthorized constructions on public property such as roads, footpaths, riverbanks, or in cases where a demolition order had already been issued by a court.

The petitioners have said that in Assam — especially due to the periodic shifting of course by the Brahmaputra River — forces communities to relocate to higher grounds.

The petitioners, in the interim, have sought compensation, rehabilitation, and reconstruction of demolished homes, schools, and other community infrastructure.