Nagaland
,
Dimapur
,
Dimapur
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Eviction notice issued to settlements living around Dimapur Railway Station; community members contest Railways' ownership claim
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
631
People Affected
2022
Year started
30
Land area affected
Households affected
631
People Affected
2022
Year started
30
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In January 2023, the North Frontier Railway (NFR) authority issued eviction notices to 631 persons living around the Dimapur Railway Station. The notice states that the land belongs to the Railways. The residents were given [15 ](https://nagalandpage.com/nfr-issues-eviction-notices-to-more-than-700-people-around-dimapur-rly-station/#:~:text=NFR issues eviction notices to more than 700 people around Dimapur Rly Station,-3 months ago&text=DIMAPUR%2C JANU)days to vacate the area, following which they would be removed by administrative officials. Affected residents on the other hand claim they own the land and even possess pattas (land titles) to prove it.

In an interview, Sabyasachi De, the NFR's Chief Public Relations Officer (CPRO), stated that individuals have encroached on approximately 30.283 Ha of the total 53.806 Ha of railway land in Nagaland. A number of multi-storey buildings have also been [constructed ](https://nagalandpost.com/index.php/development-of-dimapur-railway-station-halted/#:~:text=The threat against improvement of,Ha have been illegally occupied.)illegally in the railway station's staff quarters area. The CPRO further mentioned that NFR had approached the State government multiple times, but no considerable assistance had been supplied. He said the only recourse available to NFR was that of filing FIRs against encroachers to bring the matter to the state government's attention. He also pointed out that development projects for upgradation of the Dimapur Railways could not proceed due to a lack of land.

Another group that has laid a claim over the land is the village council of the area. The village council had published a notice in the Nagaland Post in March 2022, which summoned NFR officials and stated that the railways had encroached on village land.

According to the Land Owners Union the land was passed down to them by their ancestors. To this General Manager of NF Railways stated "Whatever is our land is our land. People may say anything but whatever is of Railways will remain railways' land." Railways came to this state in 1903 in Dimapur but before that the land was taken over by the Railways in 1900. It is all Railway land wherever eviction is going to happen."

Dimapur Naga Students Union (DNSU) has also requested that the State Authority investigate the situation and take appropriate action at the earliest.

Back in 2022, MLAs from Dimapur Moatoshi Longkumer (Dimapur-II) and Azheto Zhimomi (Dimapur-III) had urged the state government to evict all unauthorised occupants of the said land and to take necessary action against the government officials who had issued pattas to the people living on those lands.

As of April 2023, the residents have not been evicted.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

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
Emilo Yanthan

Nagaland

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 to retain/protect access to common land/resources

Demand for legal recognition of land rights

Eviction notice issued to settlements living around Dimapur Railway Station; community members contest Railways' ownership claim

Reported by

Emilo Yanthan

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

May 14, 2023

June 1, 2023

Edited on

May 14, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Railways

Starting Year

2022

Land Area Affected (in Hectares)

30

ha

Households Affected by Conflict

People Affected by Conflict

631

State

Nagaland

Sector

Infrastructure

People Affected by Conflict

631

Households Affected by Conflict

Land Area Affected (in Hectares)

30

ha

Starting Year

2022

Location of Conflict

Dimapur

Dimapur

Reason or Cause of Conflict

Railways

Land Conflict Summary

In January 2023, the North Frontier Railway (NFR) authority issued eviction notices to 631 persons living around the Dimapur Railway Station. The notice states that the land belongs to the Railways. The residents were given [15 ](https://nagalandpage.com/nfr-issues-eviction-notices-to-more-than-700-people-around-dimapur-rly-station/#:~:text=NFR issues eviction notices to more than 700 people around Dimapur Rly Station,-3 months ago&text=DIMAPUR%2C JANU)days to vacate the area, following which they would be removed by administrative officials. Affected residents on the other hand claim they own the land and even possess pattas (land titles) to prove it.

In an interview, Sabyasachi De, the NFR's Chief Public Relations Officer (CPRO), stated that individuals have encroached on approximately 30.283 Ha of the total 53.806 Ha of railway land in Nagaland. A number of multi-storey buildings have also been [constructed ](https://nagalandpost.com/index.php/development-of-dimapur-railway-station-halted/#:~:text=The threat against improvement of,Ha have been illegally occupied.)illegally in the railway station's staff quarters area. The CPRO further mentioned that NFR had approached the State government multiple times, but no considerable assistance had been supplied. He said the only recourse available to NFR was that of filing FIRs against encroachers to bring the matter to the state government's attention. He also pointed out that development projects for upgradation of the Dimapur Railways could not proceed due to a lack of land.

Another group that has laid a claim over the land is the village council of the area. The village council had published a notice in the Nagaland Post in March 2022, which summoned NFR officials and stated that the railways had encroached on village land.

According to the Land Owners Union the land was passed down to them by their ancestors. To this General Manager of NF Railways stated "Whatever is our land is our land. People may say anything but whatever is of Railways will remain railways' land." Railways came to this state in 1903 in Dimapur but before that the land was taken over by the Railways in 1900. It is all Railway land wherever eviction is going to happen."

Dimapur Naga Students Union (DNSU) has also requested that the State Authority investigate the situation and take appropriate action at the earliest.

Back in 2022, MLAs from Dimapur Moatoshi Longkumer (Dimapur-II) and Azheto Zhimomi (Dimapur-III) had urged the state government to evict all unauthorised occupants of the said land and to take necessary action against the government officials who had issued pattas to the people living on those lands.

As of April 2023, the residents have not been evicted.

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

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

Indian Railways Works Manual, 2000, issued by Ministry of Railways, Government of India
Clause 814 [Indian railways have the power to remove new encroachments over railway land under Section 147 of Railway Act 1989. For old encroachments, the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ought to apply.]
Railways Act, 1989
Section 147 [Provision which criminalizes trespass over railways property. Railways officials have the power to remove any person liable under this provision.]
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section 2(e) [Definition of public premises to mean land belonging to Union government] Section 4 [The Estate Officer is required to issue notice to person involved in unauthorised occupation of public premises, within seven working days of receiving information about such occupation] Section 5 [Eviction of unauthorised occupants to happen only after notice under Section 4 is issued and after personal hearing. Any order of eviction passed by the estate officer to contain recording of reasons]
Utran Se Besthan Railway Jhopadpatti Vikas Mandal v. Government of India (SLP (C) 12366/2022, Supreme Court)
In December 2021, the Supreme Court noted that the Indian Railways should issue notice of six weeks to encroachers on railways land. Before issuing notice, the District Collector must conduct a survey to collect necessary details of the identities of such encroacher and identify those who are eligible for alternative accommodation. The railways authority and local government must pay a sum of Rs. 2,000 a month for six months to the head of the family. 
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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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:

No items found.

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:

Dimapur District Administration, Northeast Frontier Railway (NFR)

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:

Dimapur Naga Students’ Union (DNSU), Land Owners Union

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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