The Gauhati High Court has questioned the demolition of dwelling houses belonging to 21 residents of Assam’s Goalpara district on their own agricultural lands, observing that the action of the revenue authorities appeared prima facie illegal and unauthorized and in violation of natural justice.
Justice Devashis Baruah made the observations while hearing a petition filed by Jahidul Islam and 20 others, and directed the Assam government to explain what imminent danger had necessitated the demolition of the houses situated on private lands.
The Court took note of notices issued by the Circle Officer, Matia Revenue Circle, on September 5, directing the petitioners to demolish their houses within 24 hours or face legal action under Rule 6 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, read with provisions of the Disaster Management Act, 2005.
Senior Advocate S Borthakur, appearing for the petitioners, submitted that despite the notices being issued on September 5, the houses were demolished in the early hours of September 7 without giving the owners any opportunity of being heard.
The Court expressed serious concern over the manner in which the authorities exercised their powers.
Justice Baruah observed that such action was prima facie illegal, unauthorized and contrary to the principles of natural justice, which form part of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.
The Court also examined the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. It noted that Section 3(iv) exempts a person from obtaining permission from the Deputy Commissioner where agricultural land not exceeding one bigha is used for constructing one’s own dwelling house, subject to the prescribed two-storey limit.
Noting that the lands in question were patta lands belonging to the petitioners, the Court questioned the basis for invoking such drastic powers and sought an explanation regarding the alleged imminent danger.
The government advocate representing the District Commissioner and Circle Officer was directed to obtain instructions and inform the Court about what was the imminent danger that necessitated the demolition.
The petitioners were permitted to file an additional affidavit detailing the demolition and losses suffered by them.
Pending the next hearing, the Court restrained the District Commissioner and Circle Officer from taking any further action against the petitioners’ lands and directed the government advocate to communicate the order to the officials by telephone.
The matter is listed for further hearing on September 11.
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