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Published on
March 24, 2022
March 11, 2023
Edited on
March 24, 2022
While the Assam government has continued massive crackdown operations across the state against ‘illegal encroachment’ and evicted hundreds of marginalised people rendering them homeless, a Kolkata-based firm has developed an integrated township project in Guwahati, covering 250 acres of land on the bank of the Brahmaputra river, allegedly flouting several rules, including the Forest Rights Act, 2006.
The project, christened Shristinagar, is being executed by Shristi Housing Development Private Limited at Ramsa Hills in Guwahati’s Noonmati area. The township will include residential villas, multi-storeyed buildings, row houses, educational institutions, convention centres, hotels, theme parks, entertainment parks, water parks, hospitals, exhibition centres and a club house.
The Guwahati Metropolitan Development Authority (GMDA) had approved the master plan of the project in 2010 but later suspended it in 2014 due to alleged violations of environmental and land laws. In March 2018, the District Magistrate, Kamrup Metropolitan District, issued orders directing Shristi Infrastructure Development Corporation Limited (SIDCL) to stop all construction activities immediately. SIDCL challenged these orders before The Gauhati High Court. According to the Corporation, they had obtained consent from the Pollution Control Board of Assam in 2013 as well as the District Magistrate in 2015 with the caveat that there would be no hill cutting.
“We have all the necessary papers, and the project has been carried out as per norms. We have obtained due permission from the government. Only some NGOs are opposed to the project,” Nilkamal Bora, marketing head of Shristi Housing Development Private Limited, told LCW.
In a verdict on December 7, 2021, the high court noted that it did not find any reason to interfere with the implementation of the housing project. Regarding the issue of hill cutting, the court simply deferred the matter to the state government and closed the case.
According to the Krishak Mukti Sangram Samiti (KMSS), the project is located within a 10-kilometre radius of the Amchang Wildlife Sanctuary. The construction of all mega industrial and residential complexes remained banned within this distance of national parks and wildlife sanctuaries until the environment ministry scrapped the norm in August 2019.
At a press conference in Guwahati on July 1, 2014, former KMSS President Akhil Gogoi had alleged that SIDCL went ahead with construction work without any authorisation letter. It also stated that the project has not received the environmental clearance nor the consent letter from the State Pollution Control Board, permission from the Ground Water Authority and approval of the National Board for Wild Life. “On August 10, 2009, Riverine Housing Private Limited obtained the mutation order for construction, and since then the work has been going on. All documents pertaining to construction are being held back by Shristi Housing Private Limited,” KMSS said in a press statement. The project received Environmental Clearance on July 7, 2021.
According to a press statement issued by the KMSS, 'the Shillong-based forest and environment office of the Ministry of Environment, Forests and Climate Change is bound to submit a six-monthly compliance report on developmental projects. But all routine exercises are being conveniently ignored, and Shristi Housing is having a field day in the absence of any check'. The KMSS also alleged that SIDCL was supposed to build 1,028 houses for the economically weaker section and had entered into an agreement with the GMDA but that no such houses have been constructed yet. It also claimed that the state government had altered the map of Guwahati’s eco-sensitive zones.
LCW could not verify the allegations of the KMSS as the GMDA is tight-lipped about the issue and refused to share official documents.
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Urban
Common and Private
Forest and Non-Forest, 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):
₹
3000
Type of investment:
Cost of Project
Year of Estimation
2010
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
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
Non-rehabilitation of displaced people
Forced evictions/dispossession of land
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
The Gauhati High Court
Case Number
PIL No.38/2019, WP(C) No.7397/2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Media-based activism/alternative media
Government Departments Involved in the Conflict:
Guwahati Metropolitan Development Authority, Guwahati Development Department, Ministry of Environment, Forests and Climate Chang
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Nilkamal Borah, marketing head of Shristi Housing Development Private Limited, told LCW: “We have all the necessary papers, and the project has been carried out as per norms. We have obtained due permission from the government. Only some NGOs are opposed to the project."
Name, Designation and Comment of the Government Authorities Approached
Nilkamal Borah, marketing head of Shristi Housing Development Private Limited, told LCW: “We have all the necessary papers, and the project has been carried out as per norms. We have obtained due permission from the government. Only some NGOs are opposed to the project."
Corporate Parties Involved in the Conflict:
Shristi Housing Development Private Limited
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Krishak Mukti Sangram Samiti
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?
A model concept of Shrishtinagar Guwahati
Image Credit:
Shrishti Guwahati
Image Credit:
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