Assam
,
Golaghat
,
Golaghat
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Locals raise concerns over construction of luxury hotels in Assam's Kaziranga
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2024
Year started
Land area affected
Households affected
People Affected
2024
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Environmental/Ecological Damage
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

Environmentalists and farmers are outraged over the Assam government's decision to partner with the Tata Group and the Hyatt Hotel Corporation to construct three luxury hotels in the Kaziranga National Park.

On 3 August 2024, the Assam government signed as MoU with the Tata Group to build a Taj Resort and Spa at an estimated cost of Rs 120 crore in Kaziranga.

Locals contend that these hotels in a UNESCO World Heritage Site could have a  “catastrophic” impact on Kaziranga’s fragile ecosystem, teeming with its world-famous elephants, and also displace people who depend on the land for their livelihood.

On the other hand, Hyatt has chosen Hathikuli Inglay Pothar as the location for its hotel. However, this area is a traditional habitat for elephants and locals consider the area as a "playground for elephants".

Soneswar Narah, a member of Jeepal Krishak Samiti said, “These areas provide temporary refuge on higher ground during the floods, but with their construction, the animals will have nowhere to go”. He emphasised the local community's hardships, citing the demolition of Lokhu Gowala’s house on 7 June 2024 by authorities, seen as the initial move to make way for hotel construction.

Mubina Akhtar, a journalist and conservationist, said that the government has allegedly started labelling the people residing on the designated hotel site as “encroachers.” She pointed out that these tribal communities have lived and farmed the land for generations, having been displaced from their original homes by river erosion. She further asked, “How can the forest department authorise a five-star hotel construction in the same area where they won’t even permit digging a well, citing environmental concerns?” 

Mohan Malakar, a retired PCCF of Assam, stated, “If there’s an elephant corridor and if it serves as a refuge and migratory path for these elephants, such construction shouldn’t be permitted. The movement of elephants must not be impeded. A thorough cost-benefit analysis should be conducted before proceeding with this project.”
 
Meanwhile, Dr. Sanjib Kumar Borkakoti, an expert member of ICOMOS and various cultural heritage committees, wrote to the Assam Director of Tourism expressing worry about proposed hotel developments in Kaziranga National Park. He stated that building hotels, including a Hyatt property in an elephant habitat, could harm the park's ecology by disrupting important elephant migration routes. The letter emphasises the need to combine environmental conservation with development while acknowledging the former's importance.

Environmentalists have been advocating for a thorough environmental assessments before the construction begins.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

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

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

120

Type of investment:

Cost of Project

Year of Estimation

2024

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

2024

Why did the conflict end?

Author
Reported by
Emilo Yanthan

Assam

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 cancel the project

Opposition against environmental degradation

Locals raise concerns over construction of luxury hotels in Assam's Kaziranga

Reported by

Emilo Yanthan

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

September 17, 2024

September 18, 2024

Edited on

September 17, 2024

Sector

Land Use

Reason or Cause of Conflict

Environmental/Ecological Damage

Starting Year

2024

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

State

Assam

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2024

Location of Conflict

Golaghat

Golaghat

Reason or Cause of Conflict

Environmental/Ecological Damage

Land Conflict Summary

Environmentalists and farmers are outraged over the Assam government's decision to partner with the Tata Group and the Hyatt Hotel Corporation to construct three luxury hotels in the Kaziranga National Park.

On 3 August 2024, the Assam government signed as MoU with the Tata Group to build a Taj Resort and Spa at an estimated cost of Rs 120 crore in Kaziranga.

Locals contend that these hotels in a UNESCO World Heritage Site could have a  “catastrophic” impact on Kaziranga’s fragile ecosystem, teeming with its world-famous elephants, and also displace people who depend on the land for their livelihood.

On the other hand, Hyatt has chosen Hathikuli Inglay Pothar as the location for its hotel. However, this area is a traditional habitat for elephants and locals consider the area as a "playground for elephants".

Soneswar Narah, a member of Jeepal Krishak Samiti said, “These areas provide temporary refuge on higher ground during the floods, but with their construction, the animals will have nowhere to go”. He emphasised the local community's hardships, citing the demolition of Lokhu Gowala’s house on 7 June 2024 by authorities, seen as the initial move to make way for hotel construction.

Mubina Akhtar, a journalist and conservationist, said that the government has allegedly started labelling the people residing on the designated hotel site as “encroachers.” She pointed out that these tribal communities have lived and farmed the land for generations, having been displaced from their original homes by river erosion. She further asked, “How can the forest department authorise a five-star hotel construction in the same area where they won’t even permit digging a well, citing environmental concerns?” 

Mohan Malakar, a retired PCCF of Assam, stated, “If there’s an elephant corridor and if it serves as a refuge and migratory path for these elephants, such construction shouldn’t be permitted. The movement of elephants must not be impeded. A thorough cost-benefit analysis should be conducted before proceeding with this project.”
 
Meanwhile, Dr. Sanjib Kumar Borkakoti, an expert member of ICOMOS and various cultural heritage committees, wrote to the Assam Director of Tourism expressing worry about proposed hotel developments in Kaziranga National Park. He stated that building hotels, including a Hyatt property in an elephant habitat, could harm the park's ecology by disrupting important elephant migration routes. The letter emphasises the need to combine environmental conservation with development while acknowledging the former's importance.

Environmentalists have been advocating for a thorough environmental assessments before the construction begins.

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

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

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

120

Type of investment:

Cost of Project

Year of Estimation

2024

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

2024

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Environmental Impact Assessment Notification, 2006
Point 7(III) [Prior to the grant of Environmental Clearance, public consultation needs to be carried out to hear the concerns of affected persons or stakeholders due to the environmental impact of a proposed project] Item 8, Schedule [Prior environmental clearance required for construction, townships and area development projects]
Forest (Conservation) Act, 1980
Section 2 [Restriction on diverting forest land for non-forest purposes without clearance from the union government]
Wild Life (Protection) Act, 1972
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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.

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:

Violation of environmental laws

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:

Assam Tourism Department, Assam Forest Department

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:

Taj Group, Hyatt Hotel Corporation

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Jeepal Krishak Samiti

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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Image Credit:  

Video

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