Meghalaya
Jhalupara
,
Shillong
,
East Khasi Hills
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Eviction carried out at Jhalupara in Meghalaya; several houses and shops pulled down
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
30
Households affected
People Affected
2022
Year started
Land area affected
30
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On July 18, 2022, the Shillong Cantonment Board carried out an eviction drive in the Cantonment area in Jhalupara. Around 30 houses and 10 shops were destroyed by the authorities who considered them to be illegitimate structures, in the presence of magistrates and police forces. It is reported that the eviction drive was conducted as a campaign against drugs.
The affected families mentioned that the area has been their home for years and that the action of the officials has made them lose their earning and homes. They also stated that they were not given any prior notice before the eviction. The residents of the area who had built their houses and shops at Kat Godown Mawbah showed strict resistance and opposition against the eviction. A resident stated “We understand that the land might belong to the government or the land might be in dispute but on humanitarian grounds, the board should have given us time to shift all of our belonging.” Another resident claimed that the authorities forcefully took their stuffs outside and tore down their houses and shops.
The affected people mentioned that the eviction drive is an abuse of their human rights. However other inhabitants of Jhalupara and Mawbah were happy about the eviction as they felt several offenders involved in drugs and alcohol were living in that location. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Demand for additional time by evictees to shift their belongings

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than 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):

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?

Author
Reported by
Emilo Yanthan

Meghalaya

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

Complaint against procedural violations

Eviction carried out at Jhalupara in Meghalaya; several houses and shops pulled down

Reported by

Emilo Yanthan

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

August 22, 2022

August 23, 2022

Edited on

August 22, 2022

Sector

Land Use

Reason or Cause of Conflict

Other Kind of Land Use

Eviction of People

Starting Year

2022

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

30

People Affected by Conflict

State

Meghalaya

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

30

Land Area Affected (in Hectares)

ha

Starting Year

2022

Location of Conflict

Shillong

Jhalupara

East Khasi Hills

Reason or Cause of Conflict

Other Kind of Land Use

Eviction of People

Land Conflict Summary

On July 18, 2022, the Shillong Cantonment Board carried out an eviction drive in the Cantonment area in Jhalupara. Around 30 houses and 10 shops were destroyed by the authorities who considered them to be illegitimate structures, in the presence of magistrates and police forces. It is reported that the eviction drive was conducted as a campaign against drugs.
The affected families mentioned that the area has been their home for years and that the action of the officials has made them lose their earning and homes. They also stated that they were not given any prior notice before the eviction. The residents of the area who had built their houses and shops at Kat Godown Mawbah showed strict resistance and opposition against the eviction. A resident stated “We understand that the land might belong to the government or the land might be in dispute but on humanitarian grounds, the board should have given us time to shift all of our belonging.” Another resident claimed that the authorities forcefully took their stuffs outside and tore down their houses and shops.
The affected people mentioned that the eviction drive is an abuse of their human rights. However other inhabitants of Jhalupara and Mawbah were happy about the eviction as they felt several offenders involved in drugs and alcohol were living in that location. 

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Demand for additional time by evictees to shift their belongings

Region Classification

Urban

Type of Land

Common

Type of Common Land

Non-Forest (Other than 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):

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Cantonments Act, 2006
Section 3 [Central Government to notify places as cantonments], Section 10 [Every cantonment to have a Cantonment Board. The Board is deemed to be a municipality] Section 247 [Provision penalizing erection or re-erection of a building which fails to satisfy criteria under the Act, including those which have not obtained sanction from the Board], Section 248 [The Board may direct demolition of a building which satisfies criteria set out in Section 247. The Board is required to provide notice to the owner/ occupier of the land prior to demolition. The Board is also required to pay the owner compensation for any loss incurred due to demolition]
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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:

Forced evictions/dispossession of land

Non-rehabilitation of displaced people

Lack of legal protection over land rights

Violation of fundamental rights

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:

Administration Officials of Shillong, Shillong Police, Shillong Cantonment Board

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?

No

Communities/Local Organisations in the Conflict:

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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