'Demolition Prima-Facie Illegal': Gauhati High Court Slams State For Razing Houses Without Hearing
The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal. In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of...
The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal.
In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of the petitioners' dwelling houses.
The court was hearing a petition moved by various persons challenging notice issued by Circle Office, Matia (Respondent No. 3) "threatening" the petitioners that if the dwelling houses constructed on their own agricultural lands are not demolished within 24 hours, legal action would be taken against the Petitioners under Rule 6 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886 read with Sections 30(2)(v) and 34(k) of the Disaster Management Act, 2005.
Senior Advocate S. Borthakur, appearing for the petitioners, submitted that the notices were issued on September 5 and in the wee hours of the morning of September 7, the dwelling houses of the Petitioners have been demolished, without granting them any opportunity whatsoever to have a say.
After hearing the submission, the single judge bench of Justice Devashis Baruah observed:
"In the opinion of this Court, the actions on the part of the Respondent No.3 (The Circle Officer) prima facie appear to be illegal and unauthorized and violative of the principles of natural justice which is a facet of Articles 14 and 21 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. Further to that, the notices do not reflect any imminent danger to invoke such drastic powers on private lands.”
The court perused the notices and said that it is apparent that these notices are in relation to the patta lands belonging to the Petitioners.
It further noted that Section 3(iv) of the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015 which categorically mandates that no permission is required to be obtained from the Deputy Commissioner under Section 3, when an agricultural land not exceeding one bigha is intended to be used or transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys.
The court thus said:
"The learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3 is directed to provide instructions to this Court on the next date without fail as to what was the imminent danger that necessitated actions of demolishing the dwelling houses of the Petitioners...This Court further directs that no further action be taken by the Respondent Nos. 2 and 3 on the lands of the Petitioners till the next returnable date".
The Court also granted liberty to the petitioners to file an additional affidavit in the meantime to bring on record the demolition as well as the loss suffered by them on account of the demolition.
The matter is listed on September 11.
Case Title: Jahidul Islam & 20 Ors. v. The State of Assam & 2 Ors.
Case No.: WP(C)/4903/2026