Gauhati High Court Rules Against Unlawful Demolition of Homes of 73 Bengali Muslim Families in Goalpara

The Gauhati High Court has declared the recent demolition of homes belonging to 73 Bengali Muslim families in the Goalpara district of Assam as unlawful. This ruling follows an incident where the local administration bulldozed these residences on September 7, after issuing a notice just two days earlier, on September 5, demanding that the families vacate their homes within 24 hours.

According to the notice, the district officials cited the Assam Land and Revenue Regulation of 1886 and the Disaster Management Act of 2005 as the basis for their actions. They threatened legal action against the families for allegedly constructing their homes on private agricultural land. However, twenty-one residents contested the notice in court, arguing that they had not been afforded a fair opportunity to respond to the administration’s claims.

During the court hearing, the judges referenced the Assam Land Reclassification and Transfer Act of 2015, which specifies that no governmental permission is needed when individuals construct homes on agricultural land designated for personal use, provided the dwelling does not exceed two stories and occupies less than one bigha. The court observed that the state’s actions appeared to violate these provisions, deeming them “prima facie illegal and unauthorized.”

This incident has drawn attention to the ongoing struggles of marginalized communities in Assam, particularly regarding land rights and housing security. Residents have expressed concerns about the lack of due process and the abrupt nature of the demolition orders, which have left many families in a state of distress.

As debates surrounding land ownership and housing rights continue to unfold in Assam, this ruling by the Gauhati High Court serves as a reminder of the need for equitable treatment and legal safeguards for vulnerable populations in the region. Local activists are calling for a comprehensive review of policies to ensure fair access to land and housing for all communities.

Source: scroll.in