Assam
,
Silchar
,
Silchar
Published :
Aug 2023
|
Updated :
Bethukandi area witnesses large-scale eviction drive in Assam
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
50
Households affected
People affected
2023
Year started
Land area affected
50
Households affected
People Affected
2023
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In March 2023, evictions were carried out in Bethukandi area in Silchar district of Assam.** **Located on the outskirts of the district, Bethukandi houses a crucial embankment that serves as a protective barrier against flooding in Silchar.

In May 2022, some individuals allegedly damaged the embankment in Bethukandi. The area has witnessed recurrent flooding since then, posing serious issues for the city.

In response to this situation, the Chief Minister of Assam allocated a special package worth Rs 59 crore to implement necessary improvements and reforms for the Bethukandi embankment.

This work required the eviction of people living in the area and the deployment of a significant number of security personnel.

Specifically, 35 residential and 15 commercial properties were earmarked for demolition during the eviction operation, which was supervised by Circle Officer Kumar Gaurav, SP of Cachar, OC of Silchar, and other officials.

For the purpose of constructing a diversion dyke at Bethukandi, about 50 families were relocated from the Madhurbond area on March 4, 2023.
The neighbourhood residents expressed their claim that their rights had been violated and that the government had treated them unjustly. The tenants who resided within the eviction zone presented evidence in the form of tax receipts for the plots that were slated for demolition.

A resident stated “The building that is being bulldozed was permitted by the same administration. My father has spent his hard earned money in building this house procuring all necessary documents. We understand that the government is eager to ensure development of the zone and we want to contribute to the same. But the land must be acquired and we must be compensated for our loss”.  
  
Another affected community member claimed that an order granted by the Guwahati High Court, stated, “In view of the nature of instruction received by the learned standing counsel for the Water Resources Department from the Water Resources Division, Silchar, the court finds that this is a fit and appropriate case to restrain the respondent authorities from disposing the petitioners from their patta land without due process of law.” The resident added “When we have shown the order, the officials did not even take it into consideration.”  

The area's residents made it clear that they would not impede the government's eviction efforts. And appealed to the government to ensure their rehabilitation and provide appropriate compensation.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

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

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:

District Administration of Silchar, Police Department of Cachar

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

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 rehabilitation

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

Whether the project was stalled due to land conflict

Source/Reference

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