Assam: Gauhati HC questions legality of demolition of 73 homes in Goalpara

The Gauhati High Court has questioned the legality of the Goalpara district administration’s demolition of homes belonging to 73 families, observing that the action appeared to be “illegal and unauthorised” at the initial stage of proceedings.

The homes, located on private agricultural land, were demolished on September 7, just two days after residents were served notices by the local circle officer on September 5.

The notices directed the residents to demolish the structures within 24 hours, failing which the administration warned of legal action under provisions of the Assam Land and Revenue Regulation, 1886, and the Disaster Management Act, 2005.

Twenty-one residents subsequently approached the High Court, challenging the notices and arguing that they had not been given an opportunity to contest the proposed action.

During the hearing on September 7, the court referred to the Assam Agricultural Land (Conversion and Reclassification) Act, 2015, and noted that permission is not required for using agricultural land of up to one bigha to construct one’s own residential house of not more than two storeys, subject to the applicable conditions.

The court observed that the action of the authorities “prima facie appear to be illegal and unauthorised”, and said it appeared to raise concerns regarding compliance with the principles of natural justice.

“It is absolutely unthinkable in the present day when there are galore of settled principles that such notices were issued in this manner without providing even an opportunity to the petitioners,” the court said.

The court also noted that the notices did not indicate any imminent danger that could justify invoking drastic powers against private property.

It subsequently directed the district administration to submit a report explaining the circumstances and the alleged imminent danger that necessitated the demolitions.

HC finds no imminent danger cited by administration

In its September 11 order, the High Court said the material placed before it by the administration did not demonstrate that there was an imminent danger warranting the demolition of the homes.

The court further observed that, on a preliminary reading, the bulldozing appeared to involve a misuse of the powers under the Disaster Management Act.

The case has brought renewed focus on the legal procedure followed by authorities before carrying out demolition drives on private property in Assam.