Meghalaya
,
Shillong
,
East Khasi Hills
Published :
Jul 2023
|
Updated :
Eviction drive in Upper Shillong affects 50 shops in Meghalaya
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
50
People affected
2023
Year started
Land area affected
Households affected
50
People Affected
2023
Year started
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On May 22, 2023, the Forest Department of Meghalaya conducted an eviction drive along the Shillong-Banuin Road in Upper Shillong, Meghalaya. About 50 shops, mostly wooden-made, were razed using heavy machinery such as JCBs for alleged “unauthorised” construction along the highway.

The evicted shop owners reportedly appealed to the police personnel and magistrates, who were present on site, to stop the demolition. However, the eviction continued as planned. The shop owners claim that, except for eight shops, others were given no prior notice about the eviction.

Shop owners have strongly condemned the Forest Department's actions. In response to the eviction, one shop owner voiced their frustration, stating, "They could have removed us from the start. Why now when it has already been months?". Affected shop owners claim to have suffered significant financial losses, running into lakhs, and are demanding compensation from the government for their losses.

There are also allegations that the shops were deliberately built as a protest against the non-payment of compensation to landowners for the Shillong-Dawki Road project. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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

Commercial

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:

Forests & Environment Department

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
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

Complaint against procedural violations

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

Commercial

Whether the project was stalled due to land conflict

Source/Reference

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