The Gauhati High Court has observed that the Assam authorities prima facie appeared to have misused the Disaster Management Act, 2005 while demolishing 21 dwelling units situated on private agricultural land in Goalpara district, noting that there appeared to be no imminent danger warranting such drastic action.
Justice Devashis Baruah, in an order passed on September 11, gave the district commissioner and the circle officer an opportunity to file affidavits explaining the proceedings that led to the demolition.
The court was hearing a petition filed by 21 persons whose houses, constructed on their own farmland, were demolished earlier this month.
Court to Consider Compensation if Demolition Found Unauthorised
The petitioners placed an additional affidavit before the court containing photographs of the demolition and the losses allegedly suffered by them. Taking the material on record, the court directed the authorities to respond to the additional affidavit.
The High Court said it would thereafter consider the issue of compensation if the demolition undertaken by the district commissioner and the circle officer was found to be unauthorised by law.
The matter has been listed for further hearing on October 13.
24-Hour Demolition Notices Issued
The dispute arose after the circle officer of Matia in Goalpara issued notices on September 5 directing the property owners to demolish their houses within 24 hours, failing which they would face legal action.
In the early hours of September 7, the dwelling units belonging to the 21 petitioners, all of whom are Muslims, were demolished.
On the same day, Justice Baruah had prima facie questioned the legality of the action, observing that the circle officer’s conduct appeared to be illegal, unauthorised and contrary to the principles of natural justice, which form a facet of Articles 14 and 21 of the Constitution.
The court had expressed concern that notices requiring such drastic action were issued without giving the petitioners an opportunity to be heard. It had also noted that the notices did not disclose any imminent danger that could justify the exercise of such powers over private land.
Court Refers 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 law, permission from the deputy commissioner is not required where agricultural land measuring not more than one bigha is proposed to be used or transferred for construction of the owner’s dwelling house, provided the structure does not exceed two storeys.
The court further noted that the notices issued by the circle officer themselves showed that the land parcels were patta lands belonging to the petitioners.
The High Court will examine the responses of the authorities and the petitioners’ additional material when it takes up the case again on October 13.
