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DEVASHIS BARUAH
Momtaz Begum W/O- Salam Uddin Sarkar – Appellant
Versus
State Of Assam, Rep. Commissioner And Secretary, Revenue And Disaster Management Deptt. – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. K. Islam, the learned counsel appearing on behalf of the petitioners. Mr. B.J. Talukdar, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos. 2, 3, 4 and 5 and Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the Revenue Department.
2. The petitioners herein are aggrieved by the Notification dated 30.03.2023 issued by the Deputy Commissioner, Dhubri whereby the respondent No. 2 in exercise of the powers under Section 34 of the Disaster Management Act, 2005 directed the concern persons/individuals, Institutions to stop all land filling and construction activities immediately and also directed the competent authority to submit report for further needful action. It is the case of the petitioners herein that the petitioners here are the owners of the land in question wherein they want to raise constructions but on account of the impugned order the petitioners are not in a position to exercise their rights over their lands in question.
3. This Court had issued notice to the respondents. In pursuance to the notice, an affidavit has been filed by the District Commissioner, Dhubri on 15.03.2024 whe
Property rights under Article 300A cannot be impaired without concrete evidence of a disaster situation as per the Disaster Management Act, 2005.
The Chairman of the District Disaster Management Authority lacks jurisdiction to issue non-emergency orders without consultation and approval from the necessary authorities under the Disaster Managem....
The Chairman of the District Disaster Management Authority exceeded jurisdiction by issuing orders without an emergent situation, violating provisions of the Disaster Management Act, 2005.
The District Disaster Management Authority exceeded its jurisdiction in issuing a general order without emergent circumstances, violating provisions of the Disaster Management Act, 2005.
An order under the Disaster Management Act cannot compel a party to construct measures without proper authority when no disaster is established.
Principles of natural justice require that affected parties be granted a fair opportunity to be heard before decisions impacting their rights are made.
Authority must conduct a factual inquiry before taking action under the Disaster Management Act, ensuring the rights of the property owner are upheld.
The Court holds that effective enforcement of environmental laws is crucial to prevent imminent threats posed by unauthorized land filling.
The court mandated ecological assessments for flood mitigation measures, emphasizing oversight to protect sensitive ecosystems.
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