Supreme Court Refuses to Entertain Petition Against Assam Government’s Forced Eviction Drive
The Supreme Court has rejected a petition filed by the leader of Opposition in the Assam Assembly, Debabrata Saikia, challenging the Assam Government’s forced eviction drive in the Darrang District. The court stated that the issue of demolition and eviction no longer remains, but the question of rehabilitation is still valid. The bench directed the deputy commissioner to hear the families who have not yet been rehabilitated and pass reasoned orders within six months. The affected persons were also given the liberty to approach the High Court for any other grievances.
Background
The Assam Government had taken a decision to evict people living in the Darrang District to set up an agro farm/model project. The High Court refused to interfere with the Cabinet’s decision and stated that 600 families had already been resettled, with the remaining 100 families to be rehabilitated within six months.
Petitioner’s Arguments
In today’s proceedings, Senior Advocate CU Singh, representing the petitioner, argued that no eviction notice was given to the families and the entire community was labeled as “encroachers”. He highlighted the lack of proper procedure and likened the eviction to a “military operation”. Singh also emphasized the need for a rehabilitation policy and questioned the government’s approach of displacing one group to house another.
Court’s Response
The Chief Justice of India, DY Chandrachud, interrupted Singh’s arguments, urging him to focus on the facts of the case rather than giving a political speech. The court acknowledged that 600 families had already been rehabilitated as per the High Court’s order. However, Singh urged the court to address the larger issue of providing guidance on the eviction process and assessing legal titles.
The Chief Justice, though, expressed skepticism regarding the prayers raised by Singh, stating that the petition was filed by a member of the opposition party and questioned the timing of the petition, which was filed after eight months. The court concluded that it would not look into the grievances regarding the demolition, but would focus on the manner of rehabilitation.
Court’s Directions
The court directed the deputy commissioner to hear the remaining 100 families who have not been rehabilitated and pass reasoned orders within six months. It also allowed the affected persons to approach the High Court for any grievances related to rehabilitation. The court emphasized that the High Court should consider the grievances and not dismiss the application on technical grounds. It also granted liberty to the affected persons to seek assistance from the legal services authority.
Case Title: Debabrata Saikia v. The State of Assam & Ors | Diary No. 17161-2023
Summary:
- The Supreme Court has refused to entertain a petition against the Assam Government’s forced eviction drive in the Darrang District.
- The court noted that the issue of demolition and eviction no longer exists, but the question of rehabilitation remains.
- The families who have not been rehabilitated will be heard by the deputy commissioner, and reasoned orders will be passed within six months.
- The affected persons have the liberty to approach the High Court for any other grievances.
- The court directed the High Court to consider the grievances and not dismiss the application on technical grounds.
- The affected persons can seek assistance from the legal services authority if required.
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