Assam
,
Guwahati
,
Kamrup
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Distressed Guwahati Residents dissent against the cutting of more than 2500 trees
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2022
Year started
Land area affected
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Environmental/Ecological Damage
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The National Highway Authorities of India (NHAI) began felling trees in Guwahati to expand National Highway 37 (NH 37). The tree felling was undertaken for a project that plans to expand a stretch of the Guwahati bypass road from the current four-lane to six-lane. The concerned stretch is 16.5 Kilometre long and extends from Jalukbari to Khanapara. Residents and environmentalists protested this move and campaigned to save the trees. It is claimed that around 2000 trees that lie within the Kamrup East Forest Division will be chopped for this project.

According to media reports published by NorthEast Now, members of Friday For Future India, Guwahati stated “Citizens of Guwahati started observing that trees in Jalukbari were being chopped down and soon the news that 2000 trees will be chopped spread around. Among these are some age old trees that cannot be compensated with 10 new saplings each. The important ecosystem services that these trees have been providing to our city are priceless. It is a matter of concern for the entire city and we urge the citizens to come forward and raise their concerns.” 

Another citizen expressed in Guwahati plus, “About two days back, I saw workers chopping down a huge Gulmohar tree with electric chainsaw on the highway and it broke my heart. We need more greenery on the highway to counter the carbon emissions of the heavy vehicular traffic passing by throughout the day,” reported Guwahati Plus.

Forest officials on the other hand claimed that NHAI has the 'Right of Way' along the highway, which gives them the power to chop trees for extension whenever needed. Residents of Guwahati had protested February 2022 as well objecting the cutting down of 12 old trees in RG Baruah Road for constructing a flyover.

As of July 2022, the felling of trees continues for the highway expansion project.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Grazing Land)

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?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

356.02

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Emilo Yanthan

Assam

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Distressed Guwahati Residents dissent against the cutting of more than 2500 trees

Reported by

Emilo Yanthan

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

July 21, 2022

May 10, 2023

Edited on

July 21, 2022

Sector

Land Use

Reason or Cause of Conflict

Environmental/Ecological Damage

Starting Year

2022

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

State

Assam

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2022

Location of Conflict

Guwahati

Kamrup

Reason or Cause of Conflict

Environmental/Ecological Damage

Land Conflict Summary

The National Highway Authorities of India (NHAI) began felling trees in Guwahati to expand National Highway 37 (NH 37). The tree felling was undertaken for a project that plans to expand a stretch of the Guwahati bypass road from the current four-lane to six-lane. The concerned stretch is 16.5 Kilometre long and extends from Jalukbari to Khanapara. Residents and environmentalists protested this move and campaigned to save the trees. It is claimed that around 2000 trees that lie within the Kamrup East Forest Division will be chopped for this project.

According to media reports published by NorthEast Now, members of Friday For Future India, Guwahati stated “Citizens of Guwahati started observing that trees in Jalukbari were being chopped down and soon the news that 2000 trees will be chopped spread around. Among these are some age old trees that cannot be compensated with 10 new saplings each. The important ecosystem services that these trees have been providing to our city are priceless. It is a matter of concern for the entire city and we urge the citizens to come forward and raise their concerns.” 

Another citizen expressed in Guwahati plus, “About two days back, I saw workers chopping down a huge Gulmohar tree with electric chainsaw on the highway and it broke my heart. We need more greenery on the highway to counter the carbon emissions of the heavy vehicular traffic passing by throughout the day,” reported Guwahati Plus.

Forest officials on the other hand claimed that NHAI has the 'Right of Way' along the highway, which gives them the power to chop trees for extension whenever needed. Residents of Guwahati had protested February 2022 as well objecting the cutting down of 12 old trees in RG Baruah Road for constructing a flyover.

As of July 2022, the felling of trees continues for the highway expansion project.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Non-Forest (Grazing Land)

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

356.02

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Section 4 [Highways under this act include the surrounding fences, trees, post and boundary adjacent to the highway]
National Highways Act, 1956
Guidelines state that for linear projects executed by NHAI, in-principle approval from Central Government under the Forest (Conservation) Act, 1980 is necessary. This is deemed as working permission for tree cutting and commencement of work.
F. No. 11-306/ 2014-FC, Ministry of Environment, Forests and Climate Change, dated May 2015
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Whether claims/objections were made as per procedure in the relevant statute

No

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:

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

National Highways Authority of India, District Administration, Kamrup

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Friday For Future India, Guwahati

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Video

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