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Legal Review by
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Updated by
Published on
October 25, 2016
March 11, 2023
Edited on
October 25, 2016
Guwahati, the biggest city in the northeast, has been expanding rapidly since the 1970s. As new administrative government jobs began to be generated, and the informal sector started booming, poor growth in the agricultural sector and annual floods and land erosion pushed a large number of people from across the state to move to Guwahati in search of better livelihood opportunities.
After the liberalisation of the economy in the 1990s, Guwahati witnessed another phase of expansion. Corporate and business classes emerged in the city, so did new roads, buildings and other infrastructure. Owing to the huge influx of people, the city faced an acute shortage of housing. According to reports, land in hills and wetlands around the city were illegally occupied by businessmen and government officials. In many cases, the government reportedly gave such land to public and private institutions.
The people living in the hills and around wetlands in Guwahati soon started demanding land titles from the government. But the state launched eviction drives in 2002 and displaced thousands of people living in the hills. Local organisations such as Krishak Mukti Sangam Samiti (KMSS) and Unnayan Samiti have held several protests. The government even formed a committee to look into the matter under the leadership of the then revenue minister, Bhumidhar Barman, but nothing concrete happened.
According to a survey by AC Nielsen in 2009, around 65,900 households were then residing in 16 hill settlements. Some 71 per cent of all households were living on government land, while around 18 per cent were living on land that was part of reserve forest. About 7.3 per cent households lived on _patta _land owned by others, while some 3.6 per cent households were living on their own land.
On June 22, 2011, thousands of hill dwellers marched to the secretariat in Dispur demanding a stop to the evictions and land titles to the people. But the police resorted to lathicharge and fired tear-gas shells to disperse the demonstrators, many of whom were injured. This was followed by police firing, in which three persons were killed, including a nine-year old boy. In retaliation, the people beat up police personnel and damaged vehicles.
In 2014, another round of eviction drive started and saw widespread protests by people. The KMSS organised a protest meeting at Digahalipukhuri in the city on February 18, 2014, and prepared a list of demands, including legal ownership rights to those living in the hills and around wetlands. In a separate incident, a member of the KMSS, Pronob Boro, self-immolated in front of the state secretariat in Dispur.
There has not been much headway since. The current government has been sending notices to the hill dwellers, through the state revenue department, asking them to vacate the encroached land.
In a report by Reuters, the hill dwellers have still not got land titles as of March 2020. According to a farmer, the authorities have said that they would first survey the land, check proof of residence and issue _pattas _to those who are eligible. "But that has not happened, and without a _patta, _we can be evicted any time," the farmer said.
Demand for legal recognition of land rights
Urban
Common and Private
Forest and Non-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
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?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Constitutional Law, Other
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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.
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
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-implementation/violation of FRA
Lack of legal protection over land rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
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:
Killing
Torching of houses
Whether criminal law was used against protestors:
Reported Details of the Violation:
3 people were shot dead. one person self immolated. , Houses belonging to poor people were demolished.
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Public campaign
Complaints/petitions/letters/memorandums to officials
Self-immolation
Government Departments Involved in the Conflict:
Department of Forest and Environment, Department of Revenue, 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:
Farmers
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?
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