Assam
,
Guwahati
,
Kamrup Metropolitan
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Eviction drive in Silsaku wetlands in Assam leaves 93 families homeless
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
93
Households affected
People Affected
2014
Year started
1200
Land area affected
93
Households affected
People Affected
2014
Year started
1200
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 May 13, 2022, amidst heavy rain, Kamrup District Administration conducted a demolition drive in the Chachal area of Silsaku Beel, in Assam. During the drive 93 families were evicted, with nearly all the temporary and permanent structures in the area being razed by the administration. The affected families alleged the eviction was conducted without advance notice from the administration. Silsaku Beel is a lake-like urban wetland with static water in the Chachal area of Guwahati which falls under the administration of Kamrup (Metro) District and also comes under the purview of the National Green Tribunal.
The eviction drive was undertaken for the protection and restoration of wetlands, and as a flood-control measure. Another purpose for the eviction was the creation of two roads that would help in waste collection from wetlands. According to the Guwahati Metropolitan Development Authority (GMDA), encroachment of Silsako Beel in Guwahati is a criminal offence under the provisions of the Assam Land Revenue Regulation Act and Guwahati Water-bodies Preservation and Conservation Act 2008. According to media reports, the Guwahati Metropolitan Development Authority (GMDA) issued an eviction notice in 2014 against alleged “illegal encroachment’ in Silsako Lake, calling for the removal of unauthorised structures in the area.
On May 17, 2022, the affected residents staged protests in front of the circle office demanding their rehabilitation. Facing homelessness, 31 families decided to remain in the area sheltered under the same tarpaulin sheet till alternate resettlement is arranged by the authorities. “Let the government run its bulldozer over our bodies”, said one of the affected residents.
Narayan Deka, the Chairman of the Guwahati Metropolitan Development Authority (GMDA) explained that Silsako wetland is spread over 1800 bighas (hectares), out of which 1200 bighas (hectares) have reportedly been encroached by illegal settlers. The residents, however, counter these accusations saying that they had been residing in the area for over 20 years, with their respective house numbers and electricity connections being approved by the Guwahati Municipal Corporation. Responding to such claims, the GMDA chairman told the media that electricity or house holding numbers are used to collect taxes from the people and cannot be taken as evidence of land ownership.
Organisations like the Krishak Murti Sangram Samiti have criticised the eviction on humanitarian grounds. They also pointed out that the properties of the influential segments of the society have remained unhurt by such evictions, despite similar violations.

On February 27, 2023, the Guwahati Metropolitan Development Authority (GMDA) carried out an eviction operation. Resulting in the eviction of approximately 300 families and the destruction of two temples in Guwahati. A total of [132](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) acres of land were cleared with the assistance of around [1000](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) police officers deployed to Guwahati Silsako Beel.

In a recent development on the Silsako Beel eviction, several protesters on September 1, 2023, agitated against the eviction drive in Guwahati as the authorities proceeded to remove houses from the wetland area. 

Assam Chief Minister Himanta Sarma said, “We have been in talks with the people of the locality for the last three days and came to an agreement regarding the extent of eviction. The amount paid in compensation were also decided, and necessary announcements were made regarding the same through the DC. We are also planning to provide flats in the city to those evicted from the locality. The people who are currently protesting belong to a particular organisation and protest over anything and everything, so I have ordered the police to take the strictest action against these people.”

However, people came out to protest when administrative authorities and police forces reached the area to carry out the eviction. During the protest, slogans were raised and two women protesters removed their clothes in protest against the eviction drive. 

Opposition party Assam Jatiya Parishad chief Lurinjyoti Gogoi said, "We are shocked and distressed at such a protest. For the first time, women had to strip and protest in our state." 

President of the youth wing of state Aam Aadmi Party (AAP), Rudrangkur Hazarika, said, ”The government has not been able to solve any problem of the people. The women were left with no option to get the government's attention." 

Speaking about the incident Assam Trinamool Congress spokesperson Dilip Sarma stated, "The BJP had talked about protecting the land of the indigenous people. And now, Assamese women are being forced to disrobe and protest against the government."

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

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

Residential area

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
Sarup Sinha

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

Demand for rehabilitation

Complaint against procedural violations

Demand for legal recognition of land rights

Eviction drive in Silsaku wetlands in Assam leaves 93 families homeless

Reported by

Sarup Sinha

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee, Anupa Sagar Kujur

Updated by

Updated by

Emilo Yanthan

Published on

October 24, 2022

November 30, 2023

Edited on

November 30, 2023

October 24, 2022

Sector

Land Use

Reason or Cause of Conflict

Other Kind of Land Use

Starting Year

2014

Land Area Affected (in Hectares)

1200

ha

Households Affected by Conflict

93

People Affected by Conflict

State

Assam

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

93

Land Area Affected (in Hectares)

1200

ha

Starting Year

2014

Location of Conflict

Guwahati

Kamrup Metropolitan

Reason or Cause of Conflict

Other Kind of Land Use

Land Conflict Summary

On May 13, 2022, amidst heavy rain, Kamrup District Administration conducted a demolition drive in the Chachal area of Silsaku Beel, in Assam. During the drive 93 families were evicted, with nearly all the temporary and permanent structures in the area being razed by the administration. The affected families alleged the eviction was conducted without advance notice from the administration. Silsaku Beel is a lake-like urban wetland with static water in the Chachal area of Guwahati which falls under the administration of Kamrup (Metro) District and also comes under the purview of the National Green Tribunal.
The eviction drive was undertaken for the protection and restoration of wetlands, and as a flood-control measure. Another purpose for the eviction was the creation of two roads that would help in waste collection from wetlands. According to the Guwahati Metropolitan Development Authority (GMDA), encroachment of Silsako Beel in Guwahati is a criminal offence under the provisions of the Assam Land Revenue Regulation Act and Guwahati Water-bodies Preservation and Conservation Act 2008. According to media reports, the Guwahati Metropolitan Development Authority (GMDA) issued an eviction notice in 2014 against alleged “illegal encroachment’ in Silsako Lake, calling for the removal of unauthorised structures in the area.
On May 17, 2022, the affected residents staged protests in front of the circle office demanding their rehabilitation. Facing homelessness, 31 families decided to remain in the area sheltered under the same tarpaulin sheet till alternate resettlement is arranged by the authorities. “Let the government run its bulldozer over our bodies”, said one of the affected residents.
Narayan Deka, the Chairman of the Guwahati Metropolitan Development Authority (GMDA) explained that Silsako wetland is spread over 1800 bighas (hectares), out of which 1200 bighas (hectares) have reportedly been encroached by illegal settlers. The residents, however, counter these accusations saying that they had been residing in the area for over 20 years, with their respective house numbers and electricity connections being approved by the Guwahati Municipal Corporation. Responding to such claims, the GMDA chairman told the media that electricity or house holding numbers are used to collect taxes from the people and cannot be taken as evidence of land ownership.
Organisations like the Krishak Murti Sangram Samiti have criticised the eviction on humanitarian grounds. They also pointed out that the properties of the influential segments of the society have remained unhurt by such evictions, despite similar violations.

On February 27, 2023, the Guwahati Metropolitan Development Authority (GMDA) carried out an eviction operation. Resulting in the eviction of approximately 300 families and the destruction of two temples in Guwahati. A total of [132](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) acres of land were cleared with the assistance of around [1000](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) police officers deployed to Guwahati Silsako Beel.

In a recent development on the Silsako Beel eviction, several protesters on September 1, 2023, agitated against the eviction drive in Guwahati as the authorities proceeded to remove houses from the wetland area. 

Assam Chief Minister Himanta Sarma said, “We have been in talks with the people of the locality for the last three days and came to an agreement regarding the extent of eviction. The amount paid in compensation were also decided, and necessary announcements were made regarding the same through the DC. We are also planning to provide flats in the city to those evicted from the locality. The people who are currently protesting belong to a particular organisation and protest over anything and everything, so I have ordered the police to take the strictest action against these people.”

However, people came out to protest when administrative authorities and police forces reached the area to carry out the eviction. During the protest, slogans were raised and two women protesters removed their clothes in protest against the eviction drive. 

Opposition party Assam Jatiya Parishad chief Lurinjyoti Gogoi said, "We are shocked and distressed at such a protest. For the first time, women had to strip and protest in our state." 

President of the youth wing of state Aam Aadmi Party (AAP), Rudrangkur Hazarika, said, ”The government has not been able to solve any problem of the people. The women were left with no option to get the government's attention." 

Speaking about the incident Assam Trinamool Congress spokesperson Dilip Sarma stated, "The BJP had talked about protecting the land of the indigenous people. And now, Assamese women are being forced to disrobe and protest against the government."

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

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

Residential area

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

Settlement Rules under the Assam Land and Revenue Regulation, 1886
Rule 18(2) [Deputy Commissioner may confiscate, sell or destroy any unauthorized crop or buildings erected on land and eject such persons from the land], Rule 18(3) [Deputy Commissioner must publish a notice to persons they are seeking to eject for vacating the land within 15 days of the publication of notice]
Wetlands (Conservation and Management) Rules, 2017
Rule 4 [Restriction of activities on wetlands to include any construction of permanent nature]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
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  4. 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.

  5. 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.

  6. 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.

  7. 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

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

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:

Displacement

Reported Details of the Violation:

Displacement amidst heavy rain on the day of demolition drive.

Date of Violation

May 12, 2022

Location of Violation

Silsako Beel, Guwahati

Additional Information

Nature of Protest

Land occupation

Government Departments Involved in the Conflict:

Kamrup District Administration, Guwahati Metropolitan Development Authority

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:

All Assam Tribal Sangha, Takam Mising Porin Kebang , Mising Mimak Kebang,Krishak Murti Sangram Samiti, Bodo National Students Union, All Assam Tribal Youth League

Land occupation

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

Image Credit:  

Image Credit:  

Video

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