Assam
,
Guwahati
,
Kamrup Metropolitan
Published :
Oct 2022
|
Updated :
November 30, 2023
Eviction drive in Silsaku wetlands in Assam leaves 93 families homeless
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
93
Households affected
People affected
2014
Year started
1200
Land area affected
93
Households affected
People Affected
2014
Year started
1200
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
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On May 13, 2022, amidst heavy rain, Kamrup District Administration conducted a demolition drive in the Chachal area of Silsaku Beel, in Assam. During the drive 93 families were evicted, with nearly all the temporary and permanent structures in the area being razed by the administration. The affected families alleged the eviction was conducted without advance notice from the administration. Silsaku Beel is a lake-like urban wetland with static water in the Chachal area of Guwahati which falls under the administration of Kamrup (Metro) District and also comes under the purview of the National Green Tribunal.
The eviction drive was undertaken for the protection and restoration of wetlands, and as a flood-control measure. Another purpose for the eviction was the creation of two roads that would help in waste collection from wetlands. According to the Guwahati Metropolitan Development Authority (GMDA), encroachment of Silsako Beel in Guwahati is a criminal offence under the provisions of the Assam Land Revenue Regulation Act and Guwahati Water-bodies Preservation and Conservation Act 2008. According to media reports, the Guwahati Metropolitan Development Authority (GMDA) issued an eviction notice in 2014 against alleged “illegal encroachment’ in Silsako Lake, calling for the removal of unauthorised structures in the area.
On May 17, 2022, the affected residents staged protests in front of the circle office demanding their rehabilitation. Facing homelessness, 31 families decided to remain in the area sheltered under the same tarpaulin sheet till alternate resettlement is arranged by the authorities. “Let the government run its bulldozer over our bodies”, said one of the affected residents.
Narayan Deka, the Chairman of the Guwahati Metropolitan Development Authority (GMDA) explained that Silsako wetland is spread over 1800 bighas (hectares), out of which 1200 bighas (hectares) have reportedly been encroached by illegal settlers. The residents, however, counter these accusations saying that they had been residing in the area for over 20 years, with their respective house numbers and electricity connections being approved by the Guwahati Municipal Corporation. Responding to such claims, the GMDA chairman told the media that electricity or house holding numbers are used to collect taxes from the people and cannot be taken as evidence of land ownership.
Organisations like the Krishak Murti Sangram Samiti have criticised the eviction on humanitarian grounds. They also pointed out that the properties of the influential segments of the society have remained unhurt by such evictions, despite similar violations.

On February 27, 2023, the Guwahati Metropolitan Development Authority (GMDA) carried out an eviction operation. Resulting in the eviction of approximately 300 families and the destruction of two temples in Guwahati. A total of [132](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) acres of land were cleared with the assistance of around [1000](https://www.indiatodayne.in/assam/story/assam-affected-people-of-eviction-drive-at-silsako-beel-raise-voice-against-governments-action-555999-2023-05-10#:~:text=Several people gathered for a,out eviction without proper notification.) police officers deployed to Guwahati Silsako Beel.

In a recent development on the Silsako Beel eviction, several protesters on September 1, 2023, agitated against the eviction drive in Guwahati as the authorities proceeded to remove houses from the wetland area. 

Assam Chief Minister Himanta Sarma said, “We have been in talks with the people of the locality for the last three days and came to an agreement regarding the extent of eviction. The amount paid in compensation were also decided, and necessary announcements were made regarding the same through the DC. We are also planning to provide flats in the city to those evicted from the locality. The people who are currently protesting belong to a particular organisation and protest over anything and everything, so I have ordered the police to take the strictest action against these people.”

However, people came out to protest when administrative authorities and police forces reached the area to carry out the eviction. During the protest, slogans were raised and two women protesters removed their clothes in protest against the eviction drive. 

Opposition party Assam Jatiya Parishad chief Lurinjyoti Gogoi said, "We are shocked and distressed at such a protest. For the first time, women had to strip and protest in our state." 

President of the youth wing of state Aam Aadmi Party (AAP), Rudrangkur Hazarika, said, ”The government has not been able to solve any problem of the people. The women were left with no option to get the government's attention." 

Speaking about the incident Assam Trinamool Congress spokesperson Dilip Sarma stated, "The BJP had talked about protecting the land of the indigenous people. And now, Assamese women are being forced to disrobe and protest against the government."

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for legal recognition of land rights

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:

Kamrup District Administration, Guwahati Metropolitan Development Authority

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:

All Assam Tribal Sangha, Takam Mising Porin Kebang , Mising Mimak Kebang,Krishak Murti Sangram Samiti, Bodo National Students Union, All Assam Tribal Youth League

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
Sarup Sinha

Sarup is a researcher and doctoral student in Political Science at the North-Eastern Hill University, Shillong. His research interests lie in the area of ethnic and land conflicts, political ecology and development and urban spaces of Northeast India. He has a Masters’ degree in Development Studies from the Indian Institute of Technology, Guwahati. He has previously done research/internships with NABARD, Oxford Microfinance Initiative (renamed Oxford Development Consultancy) and CSDS (Lokniti Programme).

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

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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