Assam
,
Garukhuti
,
Darrang
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Eviction from Garukhuti village to Dalgaon; 2051 households affected in Assam
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
2051
Households affected
People Affected
2022
Year started
Land area affected
2051
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

An eviction drive was conducted by the Assam Government on the grounds that thousands of households had encroached on the Garukhuti Project Area's lands. The Assam government removed several residents of the Darrang district's Garukhuti Project Area and decided to relocate them to the Dalgaon area.

It was decided that in the first phase of the moving, 633 of the 2051 families would be relocated. Of these, 423 families living in Niz-Salmara and No. 1 Dholpur would be relocated. The remaining 210 families who have voluntarily evacuated the disputed area would be provided rehabilitation.

The 20th and 23rd of September 2021 saw the most violent evictions, which resulted in multiple fatalities and other losses. In one of these eviction drives, the Assam Police [opened fire](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) on the villagers, killing two people, including a 12-year-old. Eviction notices were [delivered](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) to communities where muslims of Bengali descent made up the majority of the population.

The Assam government's eviction also garnered considerable international attention, and numerous minority organisations both inside and outside the state demanded that the state government give rehabilitation and compensation for the afflicted people.

According to the [minutes of a meeting](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) held in January 2022 to discuss the evictions, “Some families are still there in Garukhuti project area. Those who were evicted and yet to be evicted will be relocated to Dalgaon legislative assembly constituency. MLA, Dalgaon told that he will extend full cooperation for shifting of evicted people.”

Together with the police and representatives of the All Assam Minority Students' Union, Majibar Rahman, the MLA for Darrang, and district administration officials met to discuss further eviction drives as well as the transfer of the affected households. It was determined during the meeting that 2,051 families will be relocated to 2,051 bighas of land inside the Dalgaon Revenue Circle. Additionally, it was determined to provide each household 1 bigha, or 27,000 square feet, of land.

In 2022, a committee led by the circle officer of Dalgaon Revenue Circle was established to execute the eviction process. Additionally, the Assam Criminal Investigation Department is looking into the Siphajhar killings, and three individuals have so far been taken into custody for allegedly encouraging the violent crime.

The district administration, and two organisations involved in the process, the All Assam Minority Students' Union (AAMSU), and the Asom Sankhyalaghu Sangram Parishad (ASSP), are said to have put a complete stop to relocation activities after March 2022 and blamed it on adverse weather. The district administration and representatives of the groups could not give an acceptable response when questioned why there was no relocation for the evicted homes and instead simply said that all the families would be transferred in a "phased" approach. 

Rezaul Karim Sarkar, AAMSU president stated, “All 2,051 families are victims. We demand that the government keeps the promises made so that the people get their due rights.”

In January 2023, the Darrang commissioner was ordered by the court to deliver the required relocation within the following six months.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

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
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

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Eviction from Garukhuti village to Dalgaon; 2051 households affected in Assam

Reported by

Emilo Yanthan

Legal Review by

Anmol Gupta

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

June 27, 2023

June 29, 2023

Edited on

June 27, 2023

Sector

Land Use

Reason or Cause of Conflict

Other Kind of Land Use

Starting Year

2022

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

2051

People Affected by Conflict

State

Assam

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

2051

Land Area Affected (in Hectares)

ha

Starting Year

2022

Location of Conflict

Garukhuti

Darrang

Reason or Cause of Conflict

Other Kind of Land Use

Land Conflict Summary

An eviction drive was conducted by the Assam Government on the grounds that thousands of households had encroached on the Garukhuti Project Area's lands. The Assam government removed several residents of the Darrang district's Garukhuti Project Area and decided to relocate them to the Dalgaon area.

It was decided that in the first phase of the moving, 633 of the 2051 families would be relocated. Of these, 423 families living in Niz-Salmara and No. 1 Dholpur would be relocated. The remaining 210 families who have voluntarily evacuated the disputed area would be provided rehabilitation.

The 20th and 23rd of September 2021 saw the most violent evictions, which resulted in multiple fatalities and other losses. In one of these eviction drives, the Assam Police [opened fire](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) on the villagers, killing two people, including a 12-year-old. Eviction notices were [delivered](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) to communities where muslims of Bengali descent made up the majority of the population.

The Assam government's eviction also garnered considerable international attention, and numerous minority organisations both inside and outside the state demanded that the state government give rehabilitation and compensation for the afflicted people.

According to the [minutes of a meeting](https://scroll.in/latest/1016976/assam-all-2051-families-evicted-from-garukhuti-village-to-be-relocated-to-dalgaon#:~:text=The Assam government has decided,50 kilometres away from Garukhuti.) held in January 2022 to discuss the evictions, “Some families are still there in Garukhuti project area. Those who were evicted and yet to be evicted will be relocated to Dalgaon legislative assembly constituency. MLA, Dalgaon told that he will extend full cooperation for shifting of evicted people.”

Together with the police and representatives of the All Assam Minority Students' Union, Majibar Rahman, the MLA for Darrang, and district administration officials met to discuss further eviction drives as well as the transfer of the affected households. It was determined during the meeting that 2,051 families will be relocated to 2,051 bighas of land inside the Dalgaon Revenue Circle. Additionally, it was determined to provide each household 1 bigha, or 27,000 square feet, of land.

In 2022, a committee led by the circle officer of Dalgaon Revenue Circle was established to execute the eviction process. Additionally, the Assam Criminal Investigation Department is looking into the Siphajhar killings, and three individuals have so far been taken into custody for allegedly encouraging the violent crime.

The district administration, and two organisations involved in the process, the All Assam Minority Students' Union (AAMSU), and the Asom Sankhyalaghu Sangram Parishad (ASSP), are said to have put a complete stop to relocation activities after March 2022 and blamed it on adverse weather. The district administration and representatives of the groups could not give an acceptable response when questioned why there was no relocation for the evicted homes and instead simply said that all the families would be transferred in a "phased" approach. 

Rezaul Karim Sarkar, AAMSU president stated, “All 2,051 families are victims. We demand that the government keeps the promises made so that the people get their due rights.”

In January 2023, the Darrang commissioner was ordered by the court to deliver the required relocation within the following six months.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

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]
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
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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.

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-rehabilitation of displaced people

Forced evictions/dispossession of land

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Gauhati High Court

Case Number

PIL (Suo Moto)/6/2021

Main Reasoning/Decision of court

The High Court used the case initiated in 2021 regarding evictions in another part of the district to pass an order in this case. An order was passed on January 24, 2023, where the Court took note of the evicted people and their demand to be rehabilitated. The Court reiterated an earlier order where it had issued directions to affected families to make applications to the Deputy Commissioner for alternative accommodation and allotment of land. The same was said to be applicable to this case as well.

Major Human Rights Violations Related to the Conflict:

Killing

Physical attack

Reported Details of the Violation:

Two persons, including a 12-year-old, were killed when the Assam Police opened fire on the locals during one of these eviction raids.

Date of Violation

September 22, 2022

Location of Violation

Sipajhar area of Garukhuti

Additional Information

Government Departments Involved in the Conflict:

Government of Assam, District Administration of Darrang

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 Minority Students’ Union, Asom Sankhalaghu Sangram Parishad, Assam Human Rights Commission

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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Image Credit:  

Video

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