The Calcutta High Court has ruled that while an Aadhaar card is not conclusive proof of residence, it can be accepted as prima facie evidence that a person occupies a property.
The interpretation restrained the Calcutta Port Trust from going ahead with a demolition drive against alleged dilapidated structures in the Garden Reach area.
A division bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya was hearing an appeal filed by 52 residents of quarters and dwelling units belonging to the Calcutta Dock Labour Board and Calcutta Port Trust, challenging an earlier single-bench order that had declined to interfere with the port authorities' decision to demolish 33 structures on its land, the Times of India reported.
The residents had argued that some among them held Aadhaar cards while others had submitted documents such as gas supply bills and voter ID cards to establish their occupancy.
The Port Trust had countered that only 22 of the 52 appellants had produced Aadhaar cards, and that the single bench had rightly concluded that no adequate proof of occupation existed.
Rejecting that reasoning, the division bench drew a distinction between "conclusive" and "prima facie" evidence, noting that the two concepts differ fundamentally in the degree of certainty they carry.
The court held that an Aadhaar card, even though it does not establish domicile or residence with finality, nonetheless amounts to preliminary evidence of a person's occupation of a premises.
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The bench further examined whether the Port authorities had the power to carry out the demolitions in the first place, observing that such powers extend only to unauthorised constructions, not to authorised structures occupied by unauthorised occupants.
Since the properties in question belonged to the Port authorities themselves, the court reasoned they could not be treated as unauthorised constructions built by the residents.
It added that even concerns over the buildings' dilapidated condition would have required the involvement of municipal authorities, not unilateral action by the Port Trust.
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The court was also critical of the process followed, holding that the residents had not been given any opportunity to be heard before the demolition drive was initiated.
It described the exercise as unlawful and in violation of natural justice, given that no chance had been afforded to the appellants to show cause or present evidence supporting their claims over the premises.
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