HC questions Goalpara eviction drive that left 74 displaced across five villages

Guwahati: The Gauhati High Court has questioned the legality of an eviction drive in Assam's Goalpara district that left 74 Muslim families homeless, observing that the demolitions appeared prima facie illegal and violated the principles of natural justice.

The court made the remarks on September 7 while hearing a petition filed by 21 residents whose houses were razed in five villages under the Matia Revenue Circle — Harimura, Bhojmala Tengabari, Paschim Bhelakhamar, Kharija Manikpur and Jotsarwadi — in the Krishnai area. Justice Devashis Baruah said the Circle Officer's action was "unauthorised" and contrary to Articles 14 and 21 of the Constitution, and asked what "imminent danger" justified demolishing homes after giving residents only a 24-hour notice.

According to the petitioners, notices were issued on September 5 directing them to vacate within a day, and demolition teams arrived in the early hours of September 7, leaving no opportunity to be heard or to remove belongings safely. The High Court directed the district administration and the Circle Officer to take no further action on the affected lands until the next hearing and sought a response from the Assam government on the urgency claimed for the drive.

The district administration has maintained that the structures were built on agricultural land that had not been converted for residential use and that some constructions were obstructing natural drainage and affecting low-lying and wetland areas. Goalpara Deputy Commissioner Prodip Timung cited concerns over wetlands, low-lying land and blocked water channels as reasons for the action, which was reportedly triggered by complaints from a local Land Conservation Committee alleging illegal occupation by migrants from other districts.

Residents, however, have disputed the claim that their homes were illegal encroachments, saying they hold documents relating to the land on which their houses stood. Many of the affected families had earlier been displaced from Bagbor and present-day Mandia areas when the Brahmaputra eroded their homes and fields in 2017, and had spent years rebuilding their lives after purchasing land in Goalpara. Local reporters noted that the short notice left children, elderly residents and others with no immediate alternative accommodation.

The case is now before the High Court, where the legality of the administration's procedure and the sufficiency of the notice are under scrutiny.