Why were 21 houses on private farmland demolished, Gauhati High Court asks Assam government

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A view of the Gauhati High Court. File | Photo Credit: The Hindu

The Gauhati High Court has asked authorities in western Assam’s Goalpara district to explain what “imminent danger” led them to demolish 21 houses on private agricultural land.

On September 7, 2026, the Goalpara district administration demolished the homes of 73 families, mostly Muslims. Officials said the houses, built without permission on agricultural land, were “obstructing water bodies and natural drainage channels”.

The demolition drive was a departure from the district’s earlier eviction drives targeting alleged encroachment on forestland.

Jahidul Islam and 20 other owners of the demolished houses approached the High Court. After hearing their petition on September 7, the Bench of Justice Devashis Baruah noted the notices served by the Circle Officer of Matia Revenue Circle on September 5.

The notices warned of legal action against the villagers if they failed to dismantle their dwelling houses within 24 hours. The action was threatened under a relevant rule under the Assam Land and Revenue Regulation, 1886 read with the provisions of the Disaster Management Act, 2005.

The petitioners’ senior counsel, Shantanu Borthakur, argued that the houses were demolished in the early hours of September 7, less than two days after the notices were served. He said the petitioners were not given any opportunity to be heard.

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

The court pointed out that natural justice was a facet of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. The court noted that it was “absolutely unthinkable” that such notices could be served in such a manner today.

The 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 says that permission from a District Commissioner is not required if agricultural land not exceeding one bigha (0.33 acres) 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 served related to patta (deed of ownership) lands belonging to the petitioners. It said the notices did not reflect any imminent danger that could justify the authorities invoking “such drastic powers on private lands”.

The court 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 they had suffered. Pending the next hearing, the court directed the District Commissioner and Circle Officer to take no further action on the petitioners’ lands.

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