The Gauhati High Court has ruled that the bulldozing of homes belonging to 73 Bengali Muslim families in Goalpara, Assam, was unauthorised and violated principles of natural justice.
On September 7, the Goalpara district administration carried out a series of demolitions on homes built by 73 Muslim families on private agricultural land. The demolition was a result of a notice served by the circle officer on September 5, warning residents to raze their homes within 24 hours if they were built on their own agricultural land without permission. However, the High Court ruled that these actions were 'prima facie appear to be illegal and unauthorised' as they violated principles of natural justice under the Constitution. The court also found that the notices did not reflect an imminent danger necessitating such drastic action. Furthermore, the court stated that it was '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 court asked the administration to submit a report explaining what was the imminent danger that led to the demolitions. It is noted that since the Bharatiya Janata Party came to power in Assam in 2016, multiple demolition drives have been conducted across districts, primarily targeting areas populated by Bengali-speaking Muslims.
The order comes after twenty-one residents challenged the notice in the High Court, arguing that they had not been given an opportunity to contest it. The court's September 11 order states that the instructions provided do not demonstrate a case of imminent danger for carrying out the demolitions. Additionally, the court said that at a cursory reading, it appears that the bulldozing of the homes was a misuse of the Disaster Management Department Act.
The court's ruling is significant as it sets a precedent for the treatment of private property rights and due process in Assam.
Source:
Scroll.in
