Assam
Kaziranga
,
Nagaon
,
Nagaon
Published :
Apr 2023
|
Updated :
Eviction notice served on settlements in animal corridors of Kaziranga National Park in Assam; residents protest
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
1131
Households affected
People affected
2021
Year started
130000
Land area affected
1131
Households affected
People Affected
2021
Year started
130000
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In February 2022, an eviction notice was served to the residents living in Kaziranga animal corridors. Spread over 1300 square kilometres, the Kaziranga National Park has nine animal corridors. Out of which seven are a part of Nagoan district. These include Amguri, Bagori, Chirang, Deosur, Harmati, Hatidandi and Kanchanjuri . While remaining two, Haldibari and Panbari are in Golaghat district.

Several people came out to protest in Nagaon against the eviction notice. They also sent a memorandum to Himanta Biswa Sarma, the Chief Minister of Assam, through SDO (Civil) Kaliabor, requesting a resolution to the problem. They also mentioned that they would file an appeal to the Supreme Court as well.

One of the protestors  Sujan Das stated that families having been living in the area for several years. And they've had to give up land in the past as well for park. "The state government has again started eviction citing a Supreme Court order. The eviction is a violation of human rights and has made people jobless. They will die of starvation,” Das added. The eviction drive was stopped as a result of the protest.

Nagaon deputy commissioner Nisarg Hivare said, “The district administration has carried out the drive in compliance with the Supreme Court’s order passed in April 2019... The eviction drive has been stopped as of now. We will wait for instruction.”

In April 2019, the Supreme Court had ordered the removal of unauthorised constructions from the park. It had also set up a Central Empowered Committee (CEC) to monitor the removal of such structures from the park.

In 2021, a complaint was filed by an environmental activist, Rohit Choudhury, in the Supreme Court alleging that the Court's 2019 order was being violated due to the continuing presence of unauthorised structures in the park. Following which the CEC directed the State Government to comply with the Court's 2019 order. This order prohibited development and construction activities in animal corridors, and any existing structures must be demolished because they impede animal movement, particularly during flood seasons.

Subsequently, the eviction notice was served in 2022, which led to protests by the inhabitants and halting of the eviction.

However, in April 2022, the CEC sought an action taken report from the Chief Secretary and other government officials of Assam on the Court's 2019 order. The Assam government also promised the CEC that it would share pictures of the structures that were built without a permit as well as the contact information for the authorities who approved them.

As of April 2023, the evictions have been halted.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Forest

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?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration of Nagaon, Government of Assam, Central Empowered Committee

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:

5
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?

Legal Supporting Documents

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Author
Reported by
Emilo R. Yanthan

Emilo is pursuing her PhD in Political Science at the North-Eastern Hill University, Shillong. Her primary research areas include human and land rights and gender issues.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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