Gauhati High Court Questions Demolition of Homes Without Hearing

Demolition of residents' homes on patta agricultural land after notices allowing only twenty-four hours

Residents of Goalpara challenged notices under Rule 6 of the Assam Settlement Rules read with Sections 30(2)(v) and 34(k) of the Disaster Management Act. Notices issued on 5 September were followed by early-morning demolitions on 7 September.

Issue and applicable law

The central question was demolition of residents' homes on patta agricultural land after notices allowing only twenty-four hours.

The Court treated natural justice as a facet of Articles 14 and 21. It also noted Section 3(iv) of the Assam Agricultural Land Act, 2015, which exempts certain owner-occupied dwellings on up to one bigha from reclassification permission.

Court's reasoning

The Court held that the Circle Officer's action appeared prima facie unauthorized, illegal and contrary to natural justice. Its principal reason was that the notices disclosed no imminent danger justifying drastic Disaster Management Act powers and residents received no real opportunity to respond.

Decision and practical effect

The State was ordered to explain the claimed danger, further action on the petitioners' land was stayed, and an additional loss affidavit was permitted.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: Jahidul Islam and 20 Others v. State of Assam and 2 Others
• Court: Gauhati High Court
• Case number or citation: WP(C) No. 4903 of 2026
• Judges: Justice Devashis Baruah
• Source: https://www.livelaw.in/high-court/gauhati-high-court/gauhati-high-court-demolition-private-land-notice-549404