The Gauhati High Court has questioned the legality of the demolition of homes belonging to 73 Muslim families in Assam’s Goalpara district, observing that the action appeared prima facie unauthorised and raised concerns over due process.
The homes were demolished by the Goalpara district administration on September 7, after residents were reportedly given notices on September 5 directing them to remove the structures within 24 hours. Twenty-one residents subsequently approached the High Court challenging the action.
Court questions 24-hour demolition notice
The affected homes were reportedly situated on private agricultural land. The administration had invoked provisions of the Assam Land and Revenue Regulation, 1886, and the Disaster Management Act, 2005, while issuing the notices.
During the hearing, Justice Devashis Baruah questioned how residents could be denied an opportunity to respond before such drastic action was taken. The court observed that the notices did not indicate any imminent danger that would justify demolition on private land.
The court also referred to provisions of Assam’s 2015 agricultural land law concerning construction of a person’s own dwelling on agricultural land, subject to specified conditions.
HC questions use of Disaster Management Act
In its September 11 order, the High Court said the material submitted by the administration did not demonstrate an imminent danger requiring the demolitions.
The court further observed that the action appeared, prima facie, to involve a misuse of the Disaster Management Act. It has sought further explanations from the district administration and continued restrictions on further action against the petitioners’ properties. The matter is scheduled for further hearing on October 13.
The case has brought renewed attention to the legal safeguards that must be followed before authorities demolish residential structures and the importance of giving affected residents an opportunity to be heard.