Guwahati: The Gauhati High Court has raised questions over the legality of the Goalpara district administration’s demolition of houses belonging to 73 families, observing at the preliminary stage that the action appeared to be “illegal and unauthorised”.
The houses, situated on private agricultural land, were demolished on September 7, two days after the affected residents received notices from the local Circle Officer on September 5.
The notices gave the residents 24 hours to remove the structures and warned that failure to comply would invite action under the Assam Land and Revenue Regulation, 1886, and the Disaster Management Act, 2005.
Following the notices, 21 residents moved the High Court, challenging the proposed demolition and contending that they had not been given a proper opportunity to respond before the authorities proceeded with the action.
During the hearing on September 7, the court referred to the Assam Agricultural Land (Conversion and Reclassification) Act, 2015. It noted that, subject to applicable conditions, prior permission is not required for using agricultural land measuring up to one bigha to construct an individual’s own residential house of not more than two storeys.
The court observed that the authorities’ action prima facie appeared to be “illegal and unauthorised”, while also questioning whether the established principles of natural justice protected under Article 14 and 21 of the Constitution had been followed.
The bench specifically expressed concern over the issuance of demolition notices without providing the petitioners an opportunity to be heard.
The court also pointed out that the notices did not clearly specify any imminent danger that could warrant the use of extraordinary powers against the private properties.
The district administration was subsequently directed to provide details explaining the circumstances that allegedly constituted an imminent danger and led to the demolition of the houses.
In its September 11 order, the High Court considered the material submitted by the administration and observed that it did not establish the existence of any imminent danger that would justify demolishing the houses.
The court further noted, on a preliminary assessment, that the demolition appeared to indicate a possible misuse of powers under the Disaster Management Act.
The proceedings have raised questions over the procedure and legal safeguards to be followed by authorities before undertaking demolition drives involving residential structures on private land in Assam.