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Published on
March 30, 2021
April 27, 2023
Edited on
March 30, 2021
More than 100 farmers, along with women and children, in Nagaon district in central Assam have been protesting since January 29, 2021, against ‘forced’ eviction from their lands. They have alleged that the Nagaon district administration, with the help of police and paramilitary forces, have tried to evict them illegally from their land for setting up a 15-megawatt solar power plant at Mikir Bamuni Grant and Lalung Gaon under Samaguri revenue circle by Azure Power Forty Private Limited, a New Delhi-based solar power generation company. According to them, the district administration has threatened the farmers, and the police have harassed and arrested some of them for trying to resist the eviction.
In October 2020, the police arrested 14 farmers following a fracas with the security personnel of Azure Power. The clash broke out when police started destroying crops. In December 2020, four farmers were arrested on charges of assaulting police personnel. The farmers, however, have said that they were framed and arrested on false charges. After spending more than two months in jail, they got bail on February 22, 2021. The police also allegedly mercilessly beat up women who resisted the land acquisition proceedings. Several women were hurt. "They almost broke my hip with sticks. Not a single policewoman was present there," said Malini Doloi, who sustained serious injuries, in a news report. A 28-year-old woman, identified as Champa Timungpi, suffered a miscarriage after the police allegedly kicked in her belly.
In 2018, Assam Power Development Corporation Limited selected 38.4 hectares of farmland at Mikir Bamuni Grant and Lalung Gaon for setting up the solar power plant. The contract for the work was awarded to Azure Power in 2019. Subsequently, in March 2020, the power company started the process of land acquisition.
The farmers, belonging to Karbi (Scheduled Tribe) and Adivasi communities, admitted that the circle officer of Samaguri had served them a notice for the land acquisition, but they say that not enough time was given to file any written objection. According to them, they received the notice on March 12, 2020, and were asked to register their grievances, if any, before the authorities on March 13.
The farmers subsequently moved the Gauhati High Court against the acquisition of their land. The court stayed the eviction on June 24, 2020. But Azure Power appealed against this order, and a fresh notice was issued by the circle officer of Samaguri on July 15. On September 30, the Gauhati High Court directed the Nagaon administration to hand over the land to the power company. The farmers again filed a review petition at the Gauhati High Court, to which the court asked them to appeal to the lower courts to resolve the dispute. On October 6, a local court in Nagaon ordered the district administration and the police to not interfere since the land acquisition had become a civil dispute. However, a few days after this order, the company allegedly used bulldozers to destroy crops sown on the land by the 37 families.
In May 2021, more than 150 academics, students, lawyers, activists and filmmakers condemned the deployment of CRPF personnel at Mikir Bamuni Grant in the middle of the COVID-19 pandemic and demanded their withdrawal. They collected signatures to ask the authorities to stop the construction of the solar plant.
Azure Power claims that the company has followed the due process of law while acquiring the land. It said in a statement that necessary permissions were taken and that all land purchases were made through private land deals as the land was originally granted to an erstwhile zamindar's family.
The Karbis and Adivasis have been farming on the land for several decades and are solely dependent on it for their livelihood. They obtained possession rights over these lands in 1981 under the Assam (Temporarily Settled Areas) Tenancy Act, 1971. The Act allows a tenant who has held and cultivated a plot of land for more than three years to claim the right of occupancy.
Refusal to give up land for the project
Complaint against procedural violations
Rural
Private
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Central/State Government Policy, Land Reform Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Controversial land acquisition by the government
Forced evictions/dispossession of land
Non-implementation of land reform laws
Land record discrepancies
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Gauhati High Court, Court of Judicial Magistrate, District and Sessions Court
Case Number
32/2020, 34/2020 (District and Session Judge Court, Nagaon), 2665/2020 (Gauhati High Court)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Physical attack
Blackmail/threats/intimidation
Torture
Other harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Police officials and security personnel of Azure Power destroyed crops of farmers by running bulldozers over their farms. When the farmers resisted, they were arrested. Even women were beaten up. A pregnant woman suffered miscarriage after the police allegedly kicked her on the stomach. Women protesters were arrested without the presence of female police.
Date of Violation
October 7, 2020
Location of Violation
Mikir Bamuni Grant
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Revenue and Disaster Management Department, Government of Assam; Department of Environment and Forest; Assam Police
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Azure Power Forty Private Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Karbis, Adivasis
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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