The Gauhati High Court has observed that the Assam administration appeared to have "misused" the law while demolishing 21 houses built on private agricultural land in Goalpara district earlier this month.
Justice Devashis Baruah, hearing a petition filed by the 21 affected residents, said prima facie there was no imminent danger warranting the "drastic action" of demolishing houses on private land.
"Rather, it also prima facie appears to be a misuse of the Disaster Management Department Act, 2005," the court said in its September 11 order.
The court gave the Goalpara district commissioner and the Matia circle officer an opportunity to file affidavits explaining the proceedings that led to the demolitions.
It also took on record photographs submitted by the petitioners showing the demolition and the losses suffered. The authorities have been asked to respond to the additional affidavit, following which the court will consider compensation if the demolition is found to have been unauthorised.
The matter has been posted for October 13.
On September 5, the Matia circle officer had issued notices directing the owners to demolish their houses within 24 hours or face legal action. The houses of the 21 petitioners, all Muslims, were demolished in the early hours of September 7.
In an earlier order passed on the day of the demolition, the court had said the circle officer's actions prima facie appeared "illegal, unauthorised and violative of the principles of natural justice", which form part of the protections under Articles 14 and 21 of the Constitution.
The court had also questioned how such notices could be issued without giving the affected residents an opportunity to be heard, observing that the notices did not indicate any imminent danger that could justify such drastic action on private land.
It further referred to the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015, under which permission from the deputy commissioner is not required for using or transferring agricultural land of up to one bigha for construction of one's own dwelling house, subject to the structure being limited to two storeys.
The court noted that the notices issued by the circle officer themselves showed that the land parcels were patta land belonging to the petitioners.
(With inputs from PTI)