The Gauhati High Court has questioned the demolition of 73 houses in Assam’s Muslim-majority Goalpara district after residents challenged the 24-hour notices issued before the action.
Justice Devashis Baruah, hearing a petition filed by 21 residents, questioned the authorities about what “imminent danger” required such a drastic action on private land.
The residents said notices were issued on September 5, warning them to remove their houses within 24 hours. Their counsel told the court that the houses were demolished in the early hours of September 7.
Court Questions Due Process
The court said the action by the Matia Circle Officer appeared, at first sight, to be “illegal and unauthorised” and in violation of the principles of natural justice.
The judge said the residents were not given an adequate opportunity to present their case before their houses were demolished.
“It is absolutely unthinkable in the present day” to issue such notices without giving the affected people an opportunity to be heard, the court observed.
The court also said the notices did not show any “imminent danger” that could justify the use of such drastic powers over private land.
Senior Advocate S Borthakur told the court that the residents were given no opportunity “whatsoever” to raise their objections before the demolition.
Houses Built on Patta Land
The court noted that the notices concerned patta land belonging to the petitioners.
It also referred to the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non Agricultural Purpose) Act, 2015. The law provides that deputy commissioner permission is not required when agricultural land not exceeding one bigha is used for construction of one’s own dwelling house, provided the construction is limited to two storeys.
However, the court did not make a final finding on whether all the houses met the legal requirements.
Authorities Asked to Explain Demolition
The court directed government counsel S S Roy to obtain instructions from the authorities and explain at the next hearing “as to what was the imminent danger” that required the demolition of the houses.
It also allowed the petitioners to file an additional affidavit detailing the demolition and the financial losses they suffered.
The court directed the Goalpara district commissioner and the Matia Circle Officer to take no further action on the land until the next hearing on September 11.
The court’s observations are preliminary and the case has not yet been finally decided.
