‘Imminent Danger?’ Gauhati HC Questions Demolition of Houses After 24-Hour Notice

Staff Reporter

Guwahati: The Gauhati High Court (HC) has questioned the recent demolition of several dwelling houses under Matia revenue circle in Goalpara district, after the residents were served a notice of just 24 hours, asking the authorities what "imminent danger" made such drastic action necessary. The HC said the owners of agricultural lands facing the "illegal" demolition of their houses were not provided an opportunity to have a say and directed that no further action be taken until the next hearing.

The order was passed by Justice Devashis Baruah while hearing a petition (Case No.: WP(C)/4903/2026) filed by 21 residents of Matia in the Goalpara district against the Assam government, the district commissioner of Goalpara and the circle officer of Matia revenue circle. The petitioners challenged the September 5 notices, which threatened legal action if houses constructed on their agricultural lands were not demolished within 24 hours. The petitioners' counsel told the court that the houses were then razed early on September 7.

"The actions on the part of the Circle Officer, Matia Revenue Circle, prima facie appear to be illegal and unauthorised and violative of the principles of natural justice, which is a facet of Articles 14 (right to equality) and 21 (protection of life and liberty) of the Constitution. It is absolutely unthinkable in the present day, when there are galore of settled principles, that such notices were issued in this manner without providing even an opportunity to the Petitioners…the notices do not reflect any imminent danger to invoke such drastic powers on private lands," Justice Devashis Baruah said in the order.

The court noted that the notices concerned "the patta lands belonging to the petitioners" and said the petitioners challenged the revenue authorities' action against their dwelling houses.

The court also took note of the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. Under its provisions, permission from the deputy commissioner is not required when agricultural land not exceeding one bigha is intended to be used or transferred for construction of one's own dwelling house, provided the construction is limited to two storeys, the judge noted.

The judge then directed the Government Advocate appearing on behalf of the Goalpara DC and Matia Circle Officer to provide instructions to the Court on the next date without fail as to what was the 'imminent danger' that necessitated the demolishing of the petitioners' dwelling houses.

This Court further granted the petitioners the liberty to file an additional affidavit in the meantime, thereby bringing on record the demolition as well as the loss suffered by the Petitioners on account of the demolition.

Also Read: Assam: PepsiCo India Opens Rs 750-Crore Food Manufacturing Facility in Nalbari