Page No.# 1/6 GAHC010141382026 2026:GAU-AS:9469 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3594/2026 ALAL UDDIN @ ALLAUDIN SON OF LATE ASAR ALI, RESIDENT OF VILLAGE- MEDHI CHUBURI, P.O. AND P.S.- DHEKIAJULI, DISTRICT- SONITPUR, ASSAM VERSUS STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY SONITPUR TEZPUR DISTRICT- SONITPUR ASSAM 3:THE CIRCLE OFFICER DHEKIAJULI REVENUE CIRCLE DISTRICT- SONITPUR ASSAM 4:THE EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT SONITPUR DIVISION TEZPUR ASSAM 5:PUNJAB NATIONAL BANK DHEKIAJULI BRANCH DISTRICT- SONITPUR Page No.# 2/6 ASSAM 6:UCO BANK DHEKIAJULI BRANCH DISTRICT- SONITPUR ASSA Advocate for the Petitioner : MR. S K SINGH, MR. P SUNDI Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, SC, PNB,SC, WATER RESOURCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 09.07.2026 Heard Mr. P. Sundi, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government for the respondent Nos. 1, 2 & 3; Mr. R. M. Das, the learned standing counsel for the respondent No.4 and Mr. S. Dutta, learned counsel for the Respondent No.5. 2. In brief, the case of the writ petitioner is that the petitioner has plots of land partly covered by Dag No.67 and partly covered by Dag No.260 of village Medhi Chuburi in the Dhekiajuli District. The writ petition is in receipt of copy of order No. SLR.05/Misc/2026-27/246(A) dated 29.06.2026 by virtue of which, in exercise of powers conferred under Section 30(2)(v), Section 30(2)(xviii) and Section 34(a) and (m) of the Disaster Management Act, 2005, the Petitioner was directed as herein Page No.# 3/6 under: “(1) The concerned person(s)/encroachers(s) shall immediately demolish and remove boundary wall, entry bridge and houses within the river channel of the Gadhajuli River; (2) Complete the demolition and removal work within 7 (Seven) days from the date of issuance of this order and submit a compliance report, along with photographic evidence, to the undersigned. (3) Ensure that no further construction, encroachment, dumping of materials or obstruction is carried out within the river course.” 3. Accordingly, referring to the said order dated 29.06.2026, the learned counsel for the petitioner has submitted that the petitioner has been given only 7 (seven) days time from the date of issuance of notice to demolish and remove his house. It has been submitted that on receipt of the said demolition notice, the petitioner has submitted a representation dated 02.07.2026 to the District Commissioner cum Chairman, District Disaster Management Authority, Sonitpur, Tezpur, which was served in the Office of the Circle Officer, Dhekiajuli Revenue Circle on 02.07.2026 and the said representation was also sent to the District Commissioner by Speed Post with A/D on 02.07.2026 and as per the postal track report, the same was delivered in the Office of the District Magistrate, Sonitpur, Tezpur on 04.07.2026. 4. It is submitted that till date, the said representation has not Page No.# 4/6 been disposed of. It is further submitted that the land being a patta land, the petitioner cannot be deprived of his property in view of protection granted under Article 300A of the Constitution of India as it is the requirement that the land be acquired by following the due process of law. It is also submitted that the petitioner has constructed his house on his land. Moreover, he has offered the land as security for loan availed from Punjab National Bank (respondent No.5) where the petitioner is guarantor. 5. Per contra, the learned Additional Senior Government submitted that the impugned notice had to be issued because the construction of the petitioner’s house is likely to obstruct the natural flow of water and the construction has substantially reduced the carrying capacity of the river and aggravate floods during monsoon season which imposes threat to the public safety, life and property. Accordingly, it is submitted that the District Disaster Management Authority has the power and authority to issue such notice so as to increase the carrying capacity of the river and the mitigate damages to life and property ensuing monsoon season. 6. In view of the nature of dispute raised and further considering that the petitioner on receipt of notice dated 29.06.2026 has promptly submitted a representation on Page No.# 5/6 02.07.2026, it would be appropriate to dispose of the writ petition by directing the District Commissioner, cum Chairman, District Disaster Management Authority, Sonitpur, Tezpur to intimate the petitioner about the date fixed for hearing and on the said date, the petitioner should be heard and thereafter, appropriate order be passed and communicate the petitioner before taking any steps. 7. Accordingly, the writ petitioner is directed to produce a certified copy of the present order before the District Commissioner cum Chairman, District Disaster Management Authority, Sonitpur, Tezpur within 3 (three) working days from the date of this order and also provide his mobile number or email address, if any, through which the further communication about the date fixed for hearing could be communicated and order(s), if any, passed thereafter, be also communicated. 8. The learned Additional Senior Government Advocate has submitted that she would communicate the order of the Court to the said Authority so that they can expeditiously fix a date for hearing. Accordingly, the same is permitted. 9. Accordingly, the writ petition stands disposed of at the motion stage without issuance of notice upon the respondents by directing the District Commissioner cum Chairman, District Page No.# 6/6 Disaster Management Authority, Sonitpur, Tezpur to intimate the Petitioner for date fixed for hearing and thereafter pass appropriate order. JUDGE Comparing Assistant