Guwahati

Assam: Supreme Court Directs Maintenance of Status Quo on Sonapur Eviction Drive

Sentinel Digital Desk

Staff Reporter

Guwahati: The Supreme Court on Monday directed the Assam government to maintain status quo on the eviction drive in Sonapur and issued notice to authorities concerned. The order came in response to a contempt petition, citing violation of the apex court’s September 17 order that no demolition should be carried out anywhere in the country without the court’s prior permission.

Residents of the Sonapur area of Assam filed a contempt petition alleging wilful violation of the top court’s interim order dated September 17 and also cited Gauhati High Court’s order dated September 20, 2024, whereby the Advocate General gave an undertaking to that effect that no action would be taken against the petitioners till the representations are disposed of in the manner directed by the Supreme Court.

The bench of justices BR Gavai and KV Viswanathan issued notice to the Assam government and others on the petition seeking contempt proceedings against the local authorities for violating the top court’s earlier order. Taking note of the contempt petition, the bench issued notice returnable within three weeks and also ordered that the status quo shall be maintained by the parties in the meantime. “Issue notice. In the meantime, parties to maintain the status quo,” the top court said.

On September 17, in an interim measure, the apex court directed that till the next date of hearing, there shall be no demolition anywhere across the country without seeking permission of the Court. It also clarified that the order would not be applicable if there is an unauthorized structure in any public place, such as a road, street, footpath, abutting railway line, or any river body or water bodies.

In the plea filed before the SC, the petitioners sought to initiate contempt proceedings against the alleged contemnors, the officials engaged in carrying out the eviction drive, for committing gross deliberate and wilful contempt of the top court’s earlier order.

The petitioner said that the authorities have flagged or put up red-coloured stickers on the walls of the houses of the petitioners without first issuing any kind of notice or letter.

The petitioners said that they have been residing in the villages of Kachutoli Pathar, Kachutoli, and Kachutoli revenue village under Sonapur mouza in the district of Kamrup Metro for many years. That they have been residing in the said lands by virtue of a deed of power of attorney that has been executed in their name by the original pattadars of the said lands, who belong to the protected classes.

The petitioners clarified that they are not the owners of the said lands and that they are not claiming any ownership rights. They claimed that they have been residing in the said scheduled lands for the last seven or eight decades peacefully, and they have never engaged in any disputes or clashes with the protected people living in the adjoining areas.

 Also Read: Assam: Gauhati HC stays Sonapur eviction drive till September 30, 2024 (sentinelassam.com)

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