The Gauhati High Court has questioned the legality of the bulldozing of homes belonging to 73 Bengali Muslim families in Assam's Goalpara district, stating that the actions appear to be 'illegal and unauthorized'.
On September 5, a notice was served by the circle officer to 73 Bengali Muslim families living on private agricultural land in Assam's Goalpara district. The notice threatened legal consequences if the residents did not raze their own homes within 24 hours. The action, as stated in the notice, would be taken under the settlement rules of the 1886 Assam Land and Revenue Regulation and the 2005 Disaster Management Act. On September 7, the Goalpara district administration carried out the demolition of these homes. Twenty-one residents challenged this notice in court, claiming they were not given a chance to contest it. The Gauhati High Court heard the matter on September 7 and took note of the 2015 state land reclassification and transfer Act which allows for the construction of personal homes up to two storeys without prior permission on agricultural land under one bigha. The court stated that the demolitions seemed to be 'illegal and unauthorized' and potentially violated the principles of natural justice under the Constitution. The court also expressed concern over the notices, stating they did not reflect any imminent danger necessitating such drastic measures on private lands. The administration was asked to submit a report detailing the imminent danger that necessitated the demolitions. In its September 11 order, the court stated that the instructions provided by the administration did not demonstrate an imminent danger for the demolitions. The court also hinted at a possible misuse of the Disaster Management Department Act in this case.
Source:
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