Meghalaya
Maxwelton Estate, Kech's Trace, Ribong
,
Shillong
,
East Khasi Hills
Published :
May 2024
|
Updated :
Locals demand removal of illegal settlers and army encroachment in Meghalaya's East Khasi Hills
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
150
Households affected
720
People affected
2022
Year started
4
Land area affected
150
Households affected
720
People Affected
2022
Year started
4
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Locals in Meghalaya's East Khasi Hills protested against encroachment by illegal settlers in Maxwelton Estate and by the Indian Army in the Lawsohtun area.

In February 2024, the Khasi Students' Union (KSU) issued a 15-day ultimatum to the Meghalaya government to take immediate and effective action to remove all illegal settlers and cattle breeders from Maxwelton Estate, a nine-acre land at Laban Circle.

The KSU Laban Circle President, Reuben Najiar, said that the illegal settlers are migrating into the area unchecked, with over 70 houses and 300 residents currently residing there without the consent or approval of the Dorbar Shnong of Kenches Trace, Oxford Hill and Rilbong or any appropriate authority. A Dorbar Shnong is a traditional village institution of the ethnic Khasi community where age-old customary laws largely dictate governance. 

Najiar added that lack of proper sanitation and disposal of wastes in to streams have cause various health issues to the genuine neighbouring residents. He also questioned how illegal settlers were even allowed to breed cattle and other livestock in Maxwelton Estate since it falls under the jurisdiction of the Shillong Municipal Board. 

Following the end of their 15-day ultimatum, the KSU on 29 February 2024 constructed a representative house for the tribals at the disputed Maxwelton Estate to protest against the illegal encroachment by non-tribals and the government's silence on the matter. The KSU cautioned the district administration against dismantling the house and threatened of retaliatory action.

The Deputy Commissioner told representatives of the KSU that the settlers cannot be forcibly removed since legal cases were still pending. However, the union wondered that if, like others, even Khasi people from weak economic background can settle at Maxwelton Estate, which is government land.

Local organisations have been protesting against encroachments on PWD land in the area for a few years now. In September 2022, the KSU Laban Circle held a meeting with East Khasi Hills Deputy Commissioner (DC) Isawanda Laloo demanding immediate action to evict illegal settlers from Maxwelton Estate. The union informed the deputy commissioner that around 150 families had illegally settled in the land, which had become a hotbed of criminal activities and illicit drug trade.

The union also raised the issue of encroachment by the Indian Army in the Lawsohtun area, where personnel were allegedly causing trouble and creating fear psychosis among the residents. They urged the DC to take action and remove the signboard indicating that the land belonged to the defence department since it is actually owned by the PWD and individuals.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Demand to evict "illegal settlers" and cattle breeders

Region Classification

Urban

Type of Land

Common and Private

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, Water bodies

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:

Shillong Municipal Board, Office of Deputy Commissioner (East Khasi Hills)

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:

Khasi Students' Union (KSU)

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
East Street Journal Asia

East Street Journal Asia is a multilingual, Web-based news journal. It is an independent media organisation whose goal is to make transparent, unbiased and data-driven journalism accessible to all.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

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THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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