GAUHATI HIGH COURT ISSUES ORDER FOR ZAKIR HUSSAIN AND 6 ORS V/S THE STATE OF ASSAM AND 12 ORS

GUWAHATI, India, July 29 -- Gauhati High Court issued the following order on June 30:

1. Heard Mr. A. R. Bhuyan, learned counsel for the petitioners. Also heard Ms. M. Bhattacharyya, learned Additional Senior Government Advocate for the respondent Nos. 1, 7, 8, 9 & 10; Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department for respondent No. 3; and Mr. P. Nayak, learned Standing Counsel, Public Works Department for respondent Nos. 2, 4, 5 & 6.

2. This writ petition under Article 226 of the Constitution of India has been filed challenging the legality and validity of the impugned Eviction Notice dated 27.06.2025, issued by the Dabaka Municipal Board vide Ref. No. DMB.27/2025/3167.

3. Issue notice to the respondents, returnable on 22.07.2025.

4. As Ms. M. Bhattacharyya, learned Additional Senior Government Advocate for the respondent Nos. 1, 7, 8, 9 & 10; Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department for respondent No. 3; and Mr. P. Nayak, learned Standing Counsel, Public Works Department for respondent Nos. 2, 4, 5 & 6, have entered appearance and accepted notices on behalf of their respective respondents, no formal notice is required to be issued to the said respondents. However, they shall be furnished with requisite extra- copies of the petition, along with the annexures appended thereto, during the course of the day.

5. Petitioner shall take steps for service of notice upon respondent Nos. 11, 12 & 13 through registered post with A/D as well as by usual process within 4 (four) working days from today.

6. Heard on the prayer for interim relief.

7. Mr. Bhuyan, learned counsel for the petitioners, submitted that the petitioners are the Myadi landholders, whose lands fall within the project areas of "Assam Mala" and "Assam Gaurav". He further submitted that the respondent authorities are proceeding to implement the said projects by acquiring and demolishing the petitioners' properties without awarding compensation and without any proper demarcation of their lands. It is further submitted that by the impugned Special Notice dated 27.06.2025, the petitioners were arbitrarily directed to vacate their movable and immovable properties within a period of one month, i.e., by 27.07.2025, without any prior assessment or process under law, which is purely an arbitrary exercise of the respondent authorities. Further he submitted that in case of a similarly situated landholders, whose Myadi land was also acquired, has already been sanctioned with proper compensation. However, for the present petitioners, neither assessment of the compensation nor any proper demarcation of the land was carried out by the respondent authorities.

8. In support of his submissions, Mr. Bhuyan, learned counsel for the petitioners, relied on a decision of Hon'ble Supreme Court passed which was reported in 2024 SCC OnLine SC 3291, wherein some guideline for eviction has been laid down by the Hon'ble Supreme Court and it was held that even after the order of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. Accordingly, Mr. Bhuyan, learned counsel for the petitioners, submitted that as an interim protection, the impugned Eviction Notice dated 27.06.2025 may be stayed/ suspended till disposal of the present writ petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4df1LmYfaSzbx1AnYYLs%2FtmyzkZm%2FKmWUdeksvyvRQP&caseno=WP(C)/3827/2025&cCode=1&cino=GAHC010147552025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.