Flags Possible Misuse of Disaster Management ActGuwahati: Gauhati high court has pulled up the Goalpara district administration over the demolition of houses belonging to 21 petitioners, prima facie terming the action “illegal and unauthorized,” and suggesting it may have involved a misuse of the Disaster Management Act, 2005.Justice Devashis Baruah, in an order passed on Sept 11, said the materials placed before the court by govt advocate S S Roy “prima facie do not show that there was a case of imminent danger for taking such drastic actions of demolishing houses on private lands.”“Rather, it also prima facie appears to be a misuse of the Disaster Management Department Act, 2005,” the court observed.The court allowed the Goalpara district commissioner and the circle officer of Matia revenue circle to file separate affidavits in the case.The petition was filed by 21 families who challenged notices issued by the Matia circle officer on Sept 9. The notices allegedly warned them that their houses, built on their own agricultural land, would have to be demolished within 24 hours or they would face legal action under the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, and the Disaster Management Act.During the first hearing on Sept 7, the court said the actions of the Matia circle officer “prima facie appear to be illegal and unauthorized and violative of the principles of natural justice which is a facet of Articles 14 and 21 of the Constitution.”“It is absolutely unthinkable in the present day when there are galore of settled principles that such notices were issued in this manner without providing even an opportunity to the petitioners. Further to that, the notices do not reflect any imminent danger to invoke such drastic powers on private lands,” it added.The court directed the Goalpara district commissioner and the Matia circle officer not to take further action on the petitioners’ land until Oct 13, when the matter will be heard again.
