NEW DELHI: SC on Thursday said its guidelines mandating an elaborate process for eviction or demolition of illegal structures would not apply to encroachments and constructions on government land, riverbanks or land abutting water bodies.
Senior advocate Sanjay Hegde, appearing for eight petitioners led by Nur Nabi, accused Assam govt of committing contempt of court by breaching the standard operating procedure (SOP) laid down by SC on Nov 13 last year, mandating prior show-cause notice, reasonable time to respond, and opportunity for personal hearing prior to demolishing their houses in the state's Goalpara district.
A bench of CJI B R Gavai and Justice K Vinod Chandran asked Hegde whether the land on which the families were residing belonged to the government. "If it is govt land, our Nov 13 order will not be applicable. Removal of encroachments from govt land, land abutting water bodies, pavements and roads does not require adherence to the SOP," the CJI said.
The order is the latest in a series of recent orders from SC and HCs frowning upon those squatting on govt land who have argued they had the right to stay put until rehabilitated on public land elsewhere.
Hegde conceded the locality is on the banks of Brahmaputra but argued that even encroachers are entitled to rehabilitation. He said as many as 667 families are being rendered homeless. When he sought stay of the eviction, SC refused but sought Assam govt's response.
Senior advocate Sanjay Hegde, appearing for eight petitioners led by Nur Nabi, accused Assam govt of committing contempt of court by breaching the standard operating procedure (SOP) laid down by SC on Nov 13 last year, mandating prior show-cause notice, reasonable time to respond, and opportunity for personal hearing prior to demolishing their houses in the state's Goalpara district.
A bench of CJI B R Gavai and Justice K Vinod Chandran asked Hegde whether the land on which the families were residing belonged to the government. "If it is govt land, our Nov 13 order will not be applicable. Removal of encroachments from govt land, land abutting water bodies, pavements and roads does not require adherence to the SOP," the CJI said.
The order is the latest in a series of recent orders from SC and HCs frowning upon those squatting on govt land who have argued they had the right to stay put until rehabilitated on public land elsewhere.
Hegde conceded the locality is on the banks of Brahmaputra but argued that even encroachers are entitled to rehabilitation. He said as many as 667 families are being rendered homeless. When he sought stay of the eviction, SC refused but sought Assam govt's response.
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