The Supreme Court on Thursday clarified that its earlier guidelines requiring an elaborate process before evicting residents or demolishing illegal structures do not apply in cases of encroachments on government land, riverbanks, or areas adjoining water bodies.
This clarification came during a hearing involving a plea filed by eight petitioners led by Nur Nabi, who accused the Assam government of violating the Supreme Court’s SOP issued on November 13, 2023. The SOP mandates a prior show-cause notice, reasonable time for response, and an opportunity for a personal hearing before any eviction or demolition is carried out.
Senior advocate Sanjay Hegde, appearing for the petitioners, argued that the Assam government breached this procedure while demolishing houses in the Goalpara district, rendering 667 families homeless. He urged the court to stay the eviction.
However, a bench comprising Chief Justice of India CJI B R Gavai and Justice K. Vinod Chandran questioned whether the land in question belonged to the government. Upon confirmation that the houses were built along the banks of the Brahmaputra, the bench ruled that the SOP does not apply.
“If it is government land, our November 13 order will not be applicable. Removal of encroachments from government land, land abutting water bodies, pavements, and roads does not require adherence to the SOP,” said the CJI.
Hegde conceded the locality lies along the Brahmaputra and acknowledged the land’s government ownership but insisted that even encroachers should be entitled to rehabilitation.
The court declined to stay the eviction process but issued notice to the Assam government seeking its response.