Must Stricly Adhere to Due Legal Process Before Evictions: Gauhati HC

The Gauhati High Court on Friday issued significant directives regarding eviction drives carried out in various parts of the Kamrup metropolitan district, making it clear that the state government must strictly adhere to due legal process before proceeding with any eviction.

During the hearing on eviction measures undertaken at multiple locations in Kamrup metropolitan, the court observed that no eviction can be carried out without following established legal procedures. It directed the government to provide affected individuals a fair opportunity to be heard before taking any coercive action.

The high court further instructed that authorities must issue a reasoned “speaking order,” clearly outlining the grounds and justification for eviction. The order must specify the legal basis and factual reasons behind the decision, ensuring transparency and accountability in the process.

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Importantly, the court mandated that the affected persons be given a minimum of 15 days after the issuance of such an order. This period is intended to allow them adequate opportunity to seek legal remedies and approach appropriate judicial forums, if they so choose.

The court categorically stated that eviction proceedings can be carried out only after these requirements are fulfilled in letter and spirit. Any deviation from due process would be impermissible.

Advocate AR Barbhuiya advanced arguments before the court in connection with the matter during the hearing today in Guwahati. The directives come amid ongoing eviction actions in parts of Kamrup metropolitan, with the high court emphasising that the rule of law must prevail in all such exercises undertaken by the administration.

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