Assam
Sonamhari village
,
Gurmau
,
Baksa
Published :
Jan 2024
|
Updated :
21 tribal families in Assam's Gurmau and Sonamhari villages served eviction notices
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
21
Households affected
100
People affected
2023
Year started
Land area affected
21
Households affected
100
People Affected
2023
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

At least 21 tribal families residing in the villages of Gurmau and Sonamhari in Assam were served eviction notices by the Goreshwar Revenue Circle Officer on August 2, 2023.

The eviction notices, seen as a move to target the tribal area and the Bodo Territorial Region (BTR) block, mandated the families to clear the land within 15-days. The Goreshwar Circle Officer, Manash Jyoti Borah, however told LCW on December 12, 2023, that the families have not been evicted yet.

Among the families who have been served notices, six families belong to the Kalita community, one family is from the Bodo tribe, one is a Mahanta family, and thirteen are from minority communities. 

The residents claim that they had been living on that plot for years after acquiring the land legally. One of the residents told India Today that their family has spent a significant portion of their life there and have grown old in the same house.

"Our home has been constructed on legally acquired land. Unexpectedly, we received a notice that has left us feeling anxious. We are a group of educated individuals who have acquired Miyadi patta land, not government land. The sudden notice has caused us great distress, and we kindly request the honourable Chief Minister of Assam to carefully consider our situation. This type of unexpected action feels unjust and burdensome. We humbly ask for your intervention to prevent such distressing situations," the resident said.

The impacted area was visited by a delegation led by Hafizul Islam, the leader of North Eastern Minority Students Union (NEMSU). After assessing the situation, Islam demanded an immediate end to the "bulldozer politics." He emphasised that before proceeding with the eviction, the problems that the impacted families were facing must to be addressed adequately. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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

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:

Goreshwar Revenue Circle office, Goreshwar Administration

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

North Eastern Minority Students Union

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
Emilo R. Yanthan

Emilo is pursuing her PhD in Political Science at the North-Eastern Hill University, Shillong. Her primary research areas include human and land rights and gender issues.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

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

Whether the project was stalled due to land conflict

Source/Reference

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


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