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Legal Review by
Edited by
Updated by
Published on
May 30, 2022
March 5, 2024
Edited on
May 30, 2022
On 30th January, 2022, the Karbi Anglong Autonomous Council (KAAC) aided by the Police and district administration carried out an eviction drive to remove around 100 households in Balijan ‘C’, Lahorijan along Assam-Nagaland border. The KAAC's Land and Revenue Department alleged that people are not allowed to own personal properties in the area and that it had been encroached illegitimately without legal papers and rightful consent. It was alleged that 80 percent of the people affected by the eviction were Nagas who possessed land in Khan Basti which falls within Balijan ‘C’. The residents claimed to have bought their lands from the descendants of Late Hazi Manigul Khan and had been residents of the area for several years. This is the third eviction drive that Lahorijan has witnessed in the recent past, with the other two occurring in December 2021.
The residents claimed that the authorities did not provide any notice before the eviction as a result of which they lost several possessions in the eviction. The residents had pleaded with the authorities to halt the eviction till the court hearing which was scheduled for 2nd February, 2022, but the authorities paid no heed and went ahead with the demolition. The village chairman of Balijan C, K Aye said “We had requested some time from the KAAC but they carried out the eviction forcefully anyway. Now we have nowhere to go.”
The state officials alleged that the residents hurled stones at the authorities during the eviction, which was retaliated with lathi charge, shots in the air and tear gas from the police in order to disperse the protestors. Karbi Anglong, Superintendent of Police, Pushpraj Singh, stated “We had to fire rubber bullets… no civilians were hurt but one policeman was severely injured.” A cameraman from PragTV reportedly got hurt in the protest too.
The village chairman of Balijan C, K Aye told LCW that they are not against Karbi Anglong but are compelled to go to the court due to the eviction notice served to them. He claimed that the village has been existing for 112 years (as of 2022) and that they are not 'encroachers' but have purchased the land with their hard earned money. He also added that there are some Nagas who have been living in the area for 40 to 50 years. They have Voter Ids, Ration Cards, pay electricity bills, and some even possess National Register of Citizen's certificate, and have been living peacefully in the KAAC administered area. He told LCW that the next court hearing will be on 26th of April, 2022, adding that they will not abandon their houses even if the court verdict is not in their favour. He shared they are currently trying to resolve the issue amicably with the KAAC officials, and have met with them in person to find a solution.
Meanwhile, Naga Student's Federation President, Kegwayhun Tep and General Secretary, Süpüni Ng Philo, have written a letter to the Chief Executive Member (CEM) Karbi Anglong Autonomous District Council (KAADC), Tuliram Ronghang. While the Chief Minister of Nagaland has sent a written request to Assam’s Chief Minister asking for his involvement on the matter to secure the lives and assets of the Nagas living in Karbi Anglong.
Demand for legal recognition of land rights
Complaint against procedural violations
Urban
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?
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?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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:
Lack of legal protection over land rights
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Violation of fundamental rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Guwahati High Court
Case Number
Case no. W.P. 7211/2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
January 29, 2022
Location of Violation
Block No 3 at Balijan in Lahorijan
Nature of Protest
Media-based activism/alternative media
Complaints/petitions/letters/memorandums to officials
Stone pelting
Government Departments Involved in the Conflict:
Karbi Anglong Autonomous Council, Karbi Anglong District Administration, Dimapur District Administration
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:
Naga Students’ Federation (NSF) and Dimapur Naga Students’ Federation
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?
Demolished building belonging to Naga
Image Credit:
Emilo Yanthan
Image Credit:
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