Now Reading: Gauhati HC: Demolition damage, compensation must be decided by civil court
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Gauhati HC: Demolition damage, compensation must be decided by civil court
Gauhati HC: Demolition damage, compensation must be decided by civil court
The Gauhati High Court has held that questions of damage to a building during an eviction drive, the extent of demolition, and compensation for the loss cannot be determined in writ proceedings.…
The Gauhati High Court has held that questions of damage to a building during an eviction drive, the extent of demolition, and compensation for the loss cannot be determined in writ proceedings. These must be adjudicated by a competent civil court on the basis of evidence.
Justice Devashis Baruah dismissed a petition seeking compensation from government authorities for alleged damage to the petitioner's property during a February 2017 eviction drive. The petitioner claimed ownership of 2 Kathas 7 Lechas of land and said officials demolished a portion of his two-storeyed RCC building.
The respondents said the petitioner's ownership was limited to 2 Kathas 2 Lechas and part of the building stood on government land. The court noted the petitioner did not file a reply denying that claim, and found no constitutional tort was made out. The court said the petitioners may approach a civil court for compensation, and if they do, the period from February 2017 to the date of the judgment will be excluded for limitation.
Indian Opinion Analysis
This judgment reinforces the settled principle that constitutional tort, a remedy for violation of fundamental rights by state actors, is not available when the factual basis of ownership is disputed. The Assam Land and Revenue Regulation, 1886, read with the Assam Public Land Eviction of Unauthorised Occupants Act, 1962, governs such evictions. The court's distinction matters because a civil suit requires the petitioner to pay court fees and prove title through documentary evidence, a higher bar than a writ petition. Petitioners in similar land-dispute cases across the northeast have often preferred writs for speed. The ruling may push more such claims into civil courts, where the average pendency exceeds five years in Assam. The next step is whether the legal heirs file a civil suit before the limitation window closes.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
