The Supreme Court on Thursday issued notice to Assam chief secretary Ravi Kota on a contempt application filed by some residents of Goalpara district challenging demolitions of their houses, a school and shops belonging to a particular community what they alleged to be illegal, arbitrary and discriminatory.

A bench of Chief Justice B.R. Gavai and Justice Vinod Chandran while seeking response from the chief secretary within two weeks, while exempting his personal appearance in the court.

The bench passed the directions after senior advocate Sanjay Hegde appearing for the petitioners complained that 667 families, who had been residing in Goalpara for the last 60-70 years, had been thrown out of the place by the authorities. Hegde told the bench that notices for demolitions were issued on June 13, giving them time only till June 15 for their response and thereafter the demolitions were carried out.

The petitioners alleged: “The eviction and demolitions predominantly targeting a minority community, leaving out other similarly placed persons from the majority community intentionally thereby discriminatorily implementing and carrying out the evictions.”

The CJI was initially sceptical about entertaining the plea as he asked Hegde as to why the petitioners did not approach the high court. Hegde said the present case was a gross violation of the Supreme Court’s guidelines passed on November 13, 2024, in which a series of Pan-India guidelines had been issued for authorities to comply with before demolition of houses.

Hegde pointed out that the authorities were bound to give sufficient notice and time for the residents to respond to the eviction notice and take appropriate legal remedies. However, no such opportunities or personal hearings were granted to them.

The CJI then said the court was wondering whether a notice could be issued as Assam government may come out with its defence that the alleged encroachments were on government lands. Gavai further noted that, in terms of the November 13 guidelines issued by a bench headed by him, no immunity can be granted to encroachers of government lands, public streets, water bodies, among others.

Later, the bench issued formal notice to the chief secretary and listed the matter for hearing after two weeks.

On November 13 last year, the apex court had said “the chilling sight of a bulldozer demolishing a building, by authorities reminds one of a lawless state of affairs”, where “might was right” and “such excesses at the hands of the executive will have to be dealt with the heavy hand of the law”.

“Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law,” the bench of Justice B.R. Gavai and Justice K.V. Viswanathan had said, while issuing slew of guidelines.

By the said guidelines, the court had directed that there shall be no demolition of alleged illegal properties, be it of persons accused of criminal offence or for that matter even a convicted persons, with the affected party being given a prior 15 days’ notice.