Gauhati HC Stays Goalpara Eviction Drive, Terms 24-Hour Notice Demolition 'Prima Facie Illegal'

The Gauhati High Court has questioned the demolition of the dwelling houses of 21 residents of Assam’s Goalpara district on their own agricultural lands, saying the action of the revenue authorities appeared prima facie “illegal and unauthorized” and violated the principles of natural justice.

The bench of Justice Devashis Baruah, hearing a petition filed by Jahidul Islam and 20 others, also directed the Assam government to explain what “imminent danger” had necessitated the demolition of the houses on private lands.

Court passed the order after taking note of notices issued by the Circle Officer, Matia Revenue Circle, on September 5. The notices threatened the petitioners that if their dwelling houses were not demolished within 24 hours, legal action would be taken against them under Rule 6 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, read with provisions of the Disaster Management Act, 2005.

Authorities demolished houses without hearing owners

The petitioners’ senior counsel, S Borthakur, told the court that the notices had been issued on September 5 and that the petitioners’ houses were demolished in the early hours of September 7. No opportunity had been given to the petitioners “even to have a say”, court noted.

The high court said this manner of exercising power could not be accepted.

“In the opinion of this court,” the action of the Circle Officer “prima facie appear[s] to be illegal and unauthorized and violative of the principles of natural justice”, Justice Baruah said.

Court added that natural justice is a facet of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

“It is absolutely unthinkable in the present day when there are galore of settled principles” that notices could be issued in such a manner without giving the affected persons an opportunity, court said.

Assam law on construction of dwelling houses

Court also examined the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015.

It noted that Section 3(iv) of the law categorically provides that no permission from the Deputy Commissioner is required where 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 high court further noted that the notices placed before it related to patta lands belonging to the petitioners.

Against this backdrop, court said the notices did not reflect any imminent danger that could justify the authorities invoking “such drastic powers on private lands”.

Court has now asked the government advocate representing the District Commissioner and Circle Officer to obtain instructions and inform it at the next hearing, without fail, about “what was the imminent danger that necessitated” demolition of the houses.

The petitioners have also been allowed to file an additional affidavit placing on record the demolition and the losses suffered by them.

Pending the next hearing, court directed the District Commissioner and Circle Officer to take no further action on the petitioners’ lands. The government advocate was directed to communicate the order to the two officials by telephone.

The matter is listed for further hearing on September 11 i.e., today.

Case title: Jahidul Islam & 20 Ors. v. State of Assam & 2 Ors.

Order date: September 7, 2026

Bench: Justice Devashis Baruah