Assam
Karimganj
,
Tarapur, Badarpur
,
Cachar
Published :
Jul 2023
|
Updated :
Eviction drive conducted in Tarapur and Badarpur by Railway authorities in Assam affecting several houses and shops
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
100
Households affected
People affected
2022
Year started
Land area affected
100
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In Badarpur, a town located within the Karimganj district of Assam, an eviction drive was conducted by the Railway authorities in March 2022. Approximately 73 structures, including houses and shops, which had been built on railway land were demolished on the grounds of illegal encroachment. Around 100 families are likely to have been affected.

The individuals accused of encroachment claimed that they had made several attempts to seek assistance from various representatives in order to secure proper rehabilitation. They stated that they reached out to the authorities to request them to arrange an alternative place for them to stay but despite their efforts, rehabilitation was not provided.

One of the affected residents stated that they had been a resident of the place for 40 years, implying long-standing habitation and ties to the community. The eviction has left these individuals homeless.

According to updates shared by Assam based media, the Northeast Frontier (NF) Railway department had sent notices to the alleged encroachers on three separate occasions, instructing them to vacate the premises.

Prior to the eviction drive in Badarpur, the Railway authorities also conducted a similar operation in Tarapur. Before the eviction, the residents of Tarapur had been issued multiple warnings regarding the impending action. The drive in Tarapur was conducted in the presence of personnel from the Railway Protection Force, Government Railway Police, and Central Reserve Police Force (CRPF). The affected residents expressed their distress, stating that they lack the necessary resources to secure alternative housing options.

Both eviction drives aimed to remove several structures that had been constructed on land owned by the railway.

2
Fact Sheet

Demand/Contention of the Affected Community

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

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:

Railway Department, Railway Protection Force, Government Railway Police, and Central Reserve Police Force (CRPF).

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?

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

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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