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The Gauhati High Court has questioned the Assam administration’s demolition of the homes of 73 Bengali Muslim families in Goalpara district, observing that the action appeared, prima facie, to be “illegal and unauthorised”.
The homes were demolished on September 7, two days after residents were served notices giving them 24 hours to vacate properties allegedly built on agricultural land without the required permission.
Twenty-one residents approached the High Court, arguing that they were not given adequate opportunity to present their case or challenge the administration’s decision.
During the hearing, the court referred to Assam’s 2015 law on reclassification and transfer of agricultural land, noting that under certain conditions, a person may build a two-storey residential house on up to one bigha of their own agricultural land without prior permission.
The court questioned why such a large-scale demolition was carried out with only 24 hours’ notice and without hearing the residents.
It also asked the administration to explain what “imminent danger” had justified the urgent action under the Disaster Management Act, 2005.
In its September 11 order, the court said the documents submitted by the administration did not, at first sight, indicate any imminent danger requiring the demolitions.
It also raised the possibility that powers under the Disaster Management Act may have been used improperly.
The administration has maintained that the residents had constructed homes on agricultural land without obtaining the necessary approval to change its classification.
Officials have also said the action was intended to protect agricultural land, water bodies and natural drainage channels, and was not targeted at any particular community.
The High Court has sought an explanation from the administration regarding the circumstances behind the demolitions.
The case is scheduled for further hearing on October 13.