The Gauhati High Court has come down heavily on Assam authorities over the demolition of dwelling houses situated on private agricultural land in Goalpara, observing prima facie that the action appeared to be unauthorised, illegal and contrary to the principles of natural justice.
A single-judge Bench of Justice Devashis Baruah was hearing a writ petition filed by several residents challenging demolition notices issued by the Circle Officer, Matia. The petitioners contended that they were threatened with legal action if they failed to remove their houses within 24 hours.
The notices invoked Rule 6 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, along with provisions of the Disaster Management Act, 2005.
According to the petitioners, the notices were issued on September 5, while their houses were demolished in the early hours of September 7, leaving them with virtually no opportunity to contest the proposed action or place their case before the authorities.
The High Court expressed serious reservations over the manner in which the State authorities exercised their powers, particularly since the demolition concerned private land. The Court prima facie held that the action of the Circle Officer appeared to be illegal and unauthorised and amounted to a violation of natural justice, which forms an integral component of the constitutional guarantees under Articles 14 and 21.
The Court questioned the State on the circumstances that allegedly necessitated such an extreme measure, particularly in the absence of any material in the notices demonstrating the existence of an imminent danger warranting immediate demolition.
The Bench also examined the nature of the land involved and noted that the notices themselves indicated that the properties were patta lands belonging to the petitioners.
Significantly, the Court referred to Section 3(iv) of the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. The provision stipulates that prior permission from the Deputy Commissioner is not required where agricultural land measuring up to one bigha is intended to be used or transferred for construction of one’s own dwelling house, provided the proposed structure does not exceed two storeys.
Against this backdrop, the Court directed the State’s counsel to obtain specific instructions regarding the alleged imminent danger that prompted the authorities to demolish the petitioners’ houses.
The Bench further restrained the concerned authorities from taking any additional action against the petitioners’ lands until the matter is considered on the next date.
The petitioners have also been permitted to place on record, through an additional affidavit, details concerning the demolition and the losses allegedly suffered as a consequence.
The matter has been directed to be listed on September 11.
The proceedings arise from Jahidul Islam & 20 Ors. v. State of Assam & 2 Ors., WP(C)/4903/2026.
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