Gauhati High Court Stays Eviction of Over 200 Families from Goalpara Land, Citing Similar Interim Protection

Gauhati High Court Halts Eviction of 224 Families in Goalpara

Guwahati, Assam – The Gauhati High Court has granted temporary relief to over 200 families facing eviction from their homes in the Rakhyasini Jungle Block of Goalpara district. In an interim order, Justice Sanjay KumarMedhi directed state authorities to halt any eviction actions against the petitioners until the next hearing.

Case Background

The case, Rofiqul Islam and 223 Ors vs The State of Assam and 10 Ors. , was brought before the High Court by 224 petitioners who stated they are landless individuals who have occupied the land in question and built their dwelling houses over time. Their counsel, Mr. M. U. Mahmud, argued that some of the petitioners had even been granted official land titles ( Pattas ) for the land they occupy.

The petitioners filed the writ petition challenging the state's actions to evict them, naming several government bodies as respondents, including the Assam Forest and Revenue Departments, the Divisional Forest Officer, the District Commissioner of Goalpara, and the Assam Power Distribution Company Limited (APDCL).

Arguments and Court's Decision

The petitioners’ counsel highlighted a precedent set in a similar case, WP(C)/3443/2025, where the court had previously granted interim protection against eviction. This submission was acknowledged and endorsed by the counsel representing the Assam Forest Department.

Finding merit in the petitioners' plea for immediate protection, Justice Medhi issued a notice to the respondents, returnable in six weeks. The court passed a significant interim order providing two key protections:

1. Stay on Eviction: "In view of the above, it is directed that till the next date fixed, no action be taken for evicting the petitioners from the land under their possession."

2. Continuity of Utilities: The court further directed that the petitioners' electricity connections should not be disconnected, provided they continue to comply with the necessary terms and conditions.

Clarification on Proclamation Proceedings

The court made it clear that its interim order does not affect any "proclamation proceeding" that may have already been initiated. This means that while physical eviction is stayed, other legal or administrative processes under the proclamation may continue.

The matter has been scheduled for another hearing after six weeks, during which the state authorities are expected to file their response.