The Gauhati High Court has found that the demolition of 73 families’ houses in Goalpara district appears to have violated basic legal safeguards. The court determined at a preliminary stage that the district administration’s actions lacked justification and may constitute a misuse of emergency powers.
Notice and Demolition
The houses, built on private agricultural land, were razed on September 7. Two days earlier, residents had received notices from the local Circle Officer giving them 24 hours to remove their structures or face action under the Assam Land and Revenue Regulation, 1886, and the Disaster Management Act, 2005.
High Court Proceedings
Twenty-one of the affected residents challenged the demolition in the High Court, arguing they were denied a meaningful opportunity to respond before authorities proceeded.
During the September 7 hearing, the court examined the Assam Agricultural Land Conversion and Reclassification Act, 2015. It noted that prior permission is generally not required for using up to one bigha of agricultural land to construct an individual residence of no more than two storeys, subject to applicable conditions.
Judicial Observations
The bench observed that the authorities’ conduct appeared prima facie “illegal and unauthorised”. It questioned whether the principles of natural justice guaranteed under Articles 14 and 21 of the Constitution had been followed. The court specifically flagged that residents received demolition notices without being given a chance to present their case.
The judges also noted the notices failed to identify any specific imminent danger that would justify invoking emergency powers against private property.
The court directed the district administration to explain what circumstances constituted such imminent danger. In its September 11 order, the High Court reviewed the administration’s submissions and found they did not establish that any imminent threat existed to justify demolishing the houses.
The court further observed, on preliminary assessment, that the demolition may represent a misuse of powers under the Disaster Management Act.
The proceedings have brought into focus the procedural requirements and legal protections that must precede demolition drives affecting residential structures on private land in India.