‘Unimaginable’ to Demolish 73 Muslim Homes on 24-Hour Notice

The Gauhati High Court has expressed concern and questioned the authorities’ role after 73 houses were demolished in Assam’s Muslim-majority Goalpara district following a 24-hour notice. The court made the observations during a hearing after the evicted residents challenged the government’s action in court.

During the hearing of a writ petition filed by 21 local residents, Justice Debashis Barua asked the authorities what kind of “alarming emergency” or danger had prompted such an extreme step on privately owned or individual land.

The affected residents said they were served notices on September 5 directing them to vacate their homes within 24 hours. However, their lawyer told the court that the houses were demolished in the early hours of September 7, before the notice period had even expired.

Court Questions Due Legal Process

The court observed at the outset that the action taken by the Matia Circle Officer appeared to be “illegal and unauthorised” and a clear violation of the principles of natural justice.

Justice Barua noted that the affected residents had not been given any opportunity to present their case or be heard before their homes were demolished.

“Today, it is unimaginable to issue such a notice without giving ordinary people any opportunity of hearing,” the court observed.

The court further said that the notice did not mention any justification for the emergency situation that warranted exercising such stringent legal powers over privately owned land.

Senior advocate S. Borthakur told the court that the evicted residents had been given “no opportunity” to submit their objections or make their statements before the demolition.

Houses Built on Patta Land

The court noted that the notices issued concerned the applicants’ own “patta land”, or privately owned property.

The court also referred to the Assam Agricultural Land (Reclassification and Transfer for Non-Agricultural Purposes) Control Act, 2015. Under the law, separate prior permission from the Deputy Commissioner is not required to construct a residential house of up to two storeys for personal use if the agricultural land does not exceed one bigha.

However, the court has not yet reached any final conclusion on whether all the demolished houses had been constructed in full compliance with the legal requirements.

Court Seeks Explanation for Demolition

The court directed government lawyer S.S. Roy obtained instructions from the relevant authorities and explained before the next hearing exactly what “urgent risk” had necessitated the demolition of the houses.

The petitioners have also been permitted to file an additional affidavit providing specific details of the demolition and the financial losses resulting from it.

The court directed the Goalpara District Commissioner and the Matia Circle Officer not to take any further action on the land until the next hearing on September 11.

It may be noted that the court’s observations are preliminary and form part of the proceedings. No final judgment has yet been delivered in the case.