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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, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Published on

April 17, 2023

May 10, 2023

Edited on

April 17, 2023

State

Assam

Sector

Conservation and Forestry

People Affected by Conflict

Households Affected by Conflict

1131

Land Area Affected (in Hectares)

130000

ha

Starting Year

2021

Location of Conflict

Nagaon

Kaziranga

Nagaon

Reason or Cause of Conflict

Protected Areas

Land Conflict 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.

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

Type of Common Land

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?

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 Forest Act, 1927
Section 3 (any forestland may be designated by the state government as a reserved forest), and Section 26 (trespassing is among the forbidden acts in forests).
In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. (WP (C) No. 202 of 1995, Supreme Court)
In June 2022, the Supreme Court passed an order stating that protected areas, such as national parks or wildlife sanctuaries, must have an eco-sensitive zone of minimum 1 km. In the case of already existing activities being carried out in the ESZ, the 2011 guidelines will prevail.
Guidelines for Declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries dated 2011
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
Indian Forest Act, 1927
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
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.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Section 2(a) [Community Forest Resource defined to be customary forestland to which community has traditional access]; Section 3 [Forest rights of forest-dwelling tribes to include right of ownership, access to collect and use minor forest produce which has been traditionally collected within village boundaries. Such rights also include right to in situ rehabilitation, including alternative land, if traditional forest-dwelling tribes have been illegally evicted or displaced from forestland]; Section 4(5) [Forest-dwelling tribes may not be evicted from occupied forestland before registration and verification process is complete]
  1. 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.

  2. 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.

  3. 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.

  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:

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.

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Protests/marches

Complaints/petitions/letters/memorandums to officials

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:

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

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.

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

Type of Common Land

Forest

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?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Indian Forest Act, 1927
Section 3 (any forestland may be designated by the state government as a reserved forest), and Section 26 (trespassing is among the forbidden acts in forests).
In re: T.N. Godavarman Thirumulpad v. Union of India and Ors. (WP (C) No. 202 of 1995, Supreme Court)
In June 2022, the Supreme Court passed an order stating that protected areas, such as national parks or wildlife sanctuaries, must have an eco-sensitive zone of minimum 1 km. In the case of already existing activities being carried out in the ESZ, the 2011 guidelines will prevail.
Guidelines for Declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries dated 2011
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
Indian Forest Act, 1927
Section 3 [State government may constitute any forestland as reserved forest] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
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.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Section 2(a) [Community Forest Resource defined to be customary forestland to which community has traditional access]; Section 3 [Forest rights of forest-dwelling tribes to include right of ownership, access to collect and use minor forest produce which has been traditionally collected within village boundaries. Such rights also include right to in situ rehabilitation, including alternative land, if traditional forest-dwelling tribes have been illegally evicted or displaced from forestland]; Section 4(5) [Forest-dwelling tribes may not be evicted from occupied forestland before registration and verification process is complete]
  1. 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.

  2. 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.

  3. 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.

  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:

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.

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Protests/marches

Complaints/petitions/letters/memorandums to officials

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:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch
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