Assam admin appears to be misusing law in demolishing houses on pvt farmland: Gauhati HC

Guwahati, The Gauhati High Court said the Assam administration appears to be "misusing" the law while demolishing 21 dwelling units on private agricultural land in Goalpara district.

Hearing a petition filed by 21 people whose houses on their own farmland were razed to the ground earlier this month, Justice Devashis Baruah said that prima facie, it showed that there was no imminent danger to justify such drastic action of demolishing houses on private land.

"Rather, it also prima facie appears to be a misuse of the Disaster Management Department Act, 2005," said the order passed on September 11.

The high court granted the district commissioner as well as the circle officer an opportunity to file affidavits regarding the proceedings.

Justice Baruah also took note of the additional affidavit filed by the petitioners that included photographs of the demolition carried out and the losses suffered, which have been brought on record.

The judge asked the authorities to file a response to this additional affidavit, after which the court will decide on compensation for the victims if the demolition exercise undertaken by the district commissioner and the circle officer is found to be unauthorised by law.

The high court has fixed the matter for the next hearing on October 13.

On September 5, the circle officer of Matia in Goalpara issued notices, asking the owners to demolish their houses within 24 hours or face legal action.

During the early hours of September 7, the dwelling units of the 21 petitioners, all of whom are Muslims, were demolished.

In its earlier order on the day of the demolition, Justice Baruah had observed that the actions of Respondent No 3, the circle officer, prima facie appeared to be "illegal, unauthorised 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," he had said.

The court cited the Assam Agricultural Land Act, 2015, under which no permission is required from the deputy commissioner when agricultural land, not exceeding one bigha, is intended to be used or transferred for construction of one's own dwelling house, provided the construction is limited to a two-storey structure.

The notices by the circle officer showed that the patta land parcels belonged to the petitioners, it had added.

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