Assam admin appears to be misusing law in demolishing houses on private farmland: Gau
Assam admin appears to be misusing law in demolishing houses on private farmland: Gauhati HC
M.U.H
17/09/202617
The Gauhati High Court has said the Assam administration prima facie appears to have misused the law while demolishing 21 dwelling units on private agricultural land in Goalpara district earlier this month.
Justice Devashis Baruah, hearing a petition filed by 21 residents whose houses were demolished, observed that there appeared to be no imminent danger that could have justified the “drastic action” of demolishing houses standing on private land.
“Rather, it also prima facie appears to be a misuse of the Disaster Management Department Act, 2005,” the court said in an order passed on September 11.
The court has given the Goalpara district commissioner and the concerned circle officer an opportunity to explain the proceedings and file their affidavits.
Justice Baruah also took note of an additional affidavit filed by the petitioners containing photographs of the demolition and details of the losses allegedly suffered by them.
The authorities have been directed to respond to the additional affidavit. The court said it would consider the question of compensation if the demolition exercise carried out by the district commissioner and circle officer is ultimately found to have been unauthorised in law.
The matter has been listed for further hearing on October 13.
Houses demolished after 24-hour notices
The case relates to the demolition of 21 houses in Goalpara's Matia area.
On September 5, the Matia circle officer issued notices directing the owners to demolish their houses within 24 hours or face legal action.
The houses of the 21 petitioners, all of whom are Muslims, were subsequently demolished during the early hours of September 7.
In its earlier order passed on the day of the demolition, the High Court had said the action of the circle officer prima facie appeared to be “illegal, unauthorised and violative of the principles of natural justice”.
The court observed that the right to a fair opportunity before taking such action is linked to the constitutional protections under Articles 14 and 21.
It had also questioned how such notices could be issued without giving the affected residents an opportunity to present their case.
The court further noted that the notices did not indicate any imminent danger that could justify invoking drastic powers to demolish structures on private land.
Court points to Assam agricultural land law
The High Court also referred to the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015.
Under the provision cited by the court, permission from the deputy commissioner is not required when agricultural land measuring up to one bigha is used or transferred for construction of the owner's own dwelling house, subject to the condition that the construction does not exceed two storeys.
The court noted that the notices issued by the circle officer themselves indicated that the land parcels in question were patta land belonging to the petitioners.
The latest order does not constitute a final determination on the legality of the demolitions. The district administration has been given an opportunity to place its version before the court.
The High Court will consider the authorities' affidavits and the petitioners' claims before deciding the further course of action, including the question of compensation.
