The Gauhati High Court has restrained authorities in Assam’s Goalpara district from taking further action against residential properties in Matia, questioning what imminent danger prompted revenue officials to raze several houses without giving occupants an opportunity to respond.
Hearing a petition moved by 21 affected residents, Justice Devashis Baruah observed that the demolition appeared prima facie illegal, unauthorized, and contrary to the principles of natural justice guaranteed under Articles 14 and 21 of the Constitution. The bench barred the Goalpara district commissioner and the Matia circle officer from proceeding with any further measures on the subject lands until the matter is heard again on September 11.
Court Demands Explanation For Precipitous Action
The court directed government advocate S S Roy to obtain formal instructions from district officials and report back at the next hearing regarding the compelling circumstances that necessitated the abrupt destruction of private residential structures.
The judge observed that the notices issued to the landholders failed to demonstrate any pressing emergency that would warrant exercising such sweeping powers over private patta lands. Emphasizing established legal protections, the bench noted that proceeding with demolitions without affording landholders a chance to present their objections was unacceptable under settled law.
Notices Served Hours Before Dawn Razing
According to Senior Advocate S Borthakur, representing the residents, the Matia revenue circle officer served notices on September 5 threatening legal action if homes built on agricultural land were not cleared within 24 hours. Despite the short timeline, administrative teams moved onto the properties in the early hours of September 7 and razed the houses before the occupants could submit any representations.
The affected landholders subsequently approached the high court against the state government, the district commissioner, and the circle officer to contest the validity of both the notices and the subsequent evictions.
Statutory Exemption For Small Dwelling Units
During the hearing, the court examined the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. Under this legislation, prior approval from the deputy commissioner is not mandatory when agricultural land measuring one bigha or less is utilized to build an owner-occupied residence, provided the building does not exceed two storeys.
The court clarified that recording this statutory provision was part of its preliminary examination of the notices, rather than a final determination on whether the petitioners’ structures adhered to every legal condition.
To document the extent of the damage, the high court permitted the 21 petitioners to submit a supplementary affidavit detailing the demolition of their homes and the property losses they claim to have sustained.
