Guwahati: The Gauhati High Court on September 7 came down heavily on the state authorities for demolishing houses in Assam’s Muslim-majority Goalpara after residents challenged the 24-hour notice.
On September 7, the local authorities razed 73 houses of Muslim families for not converting agricultural land for residential use.
What “imminent danger” made the demolition a necessity, Justice Devashis Baruah questioned the authorities while hearing a petition filed by 21 residents against the state, Goalpara district commissioner and the circle officer of Matia revenue circle. The High Court said the civic action appeared to be “illegal” as the landholders were not given an adequate opportunity to be heard before their houses were razed.
It instructed that no further proceedings take place until the next hearing on September 11. “The actions on the part of the Circle Officer, Matia Revenue Circle prima facie appear to be illegal and unauthorised and violative of the principles of natural justice, which is a facet of Articles 14 (right to equality) and 21 (protection of life and liberty) of the Constitution.”
“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 notices do not reflect any imminent danger to invoke such drastic powers on private lands,” the judge said.
Residents not given any opportunity whatsoever to be heard: Advocate
The court noted that the notices related to patta (private) land owned by the petitioners, who were challenging the revenue authorities’ actions against their homes.
Advocate S Borthakur said the notices were issued on September 5 and the houses were razed early morning on September 7. The petitioners were not given “any opportunity whatsoever” to voice their concerns before the demolition began, he said.
The court then examined how the demolition was carried out and the authorities’ legal justification for the action. The judge criticised the alleged denial of opportunity to the Goalpara residents and questioned the sudden urgency behind the action. He said that the notices showed no immediate danger to justify such drastic measures on private land.
The court directed SS Roy, the government counsel for the district commissioner and circle officer, to inform the High Court “as to what was the imminent danger that necessitated actions of demolishing the dwelling houses of the Petitioners.”
Officials barred from further action until next hearing
It cited the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015, under which the deputy commissioner’s permission is not needed when land is intended to be used or moved for construction of one’s own house, given the construction is restricted to two storeys.
The court made no final decision on whether the houses met all legal requirements and only referred to the relevant law while reviewing the challenge to the notices. However, it permitted the petitioners to submit a new affidavit detailing the demolition and their financial losses. The judge barred the district commissioner and circle officer from taking any further action on the land until the next hearing.
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