Assam
Bogapani and Tingrai
,
Digboi
,
Tinsukia
Published :
Apr 2023
|
Updated :
February 23, 2024
Eviction drive on railway lands in Digboi leaves several families homeless in Assam
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
170
Households affected
People affected
2023
Year started
Land area affected
170
Households affected
People Affected
2023
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On February 15, officials of Tinksukia district administration along with Northeast Frontier Railways (NFR) officials, Central Reserved Police Forces (CRPF), and paramilitary forces carried out multiple eviction drives in the Bogapani area of Digboi to clear Northeast Frontier Railways' (NFR's) land from encroachments.

Railway authorities demolished schools, shops, and houses. For houses that were located on Forest Land, eviction was conducted by officials of the Forest Department. During the drive a resident even begged on his knees to plead with the forest authorities to stop the eviction, as the children were appearing for their board examinations during the drive.

Officials said the eviction drive was carried out to make government land encroachment-free, and to facilitate NFR's electrification work from Bogapani to Makum. Students who are appearing for their examinations protested by studying under candlelights in the streets. Police and paramilitary force leading the drive lathi-charged alleged protestors for opposing the eviction. 

Several locals were hurt amidst the altercation with the police and security forces, according to sources. However, according to Debajyoti Dutta, the officer in charge of Digboi police station, lathi-charge did not occur, rather the police had to push back the protesters as they tried to stop the NFR's eviction drive.

Affected houses were reduced to ruins in the drive. A few residents of the area who had approached the district court about the evictions, brought a stay order from the court for till March 15. Barring the houses which had received the stay order, the district authorities proceeded with evicting other houses.

Speaking to the media, one protestors said, "As you can see, it is so unfortunate that the students appearing for their board exams are protesting here and there is chaos among these families. We demand the government create a healthy environment for students to study and prepare for their exams."

NFR officials stated that they've been trying to clear the area for the past 10 years. NFR CPRO, Sabyasachi De has said eviction drives on railways will continue till all encroachments are removed from them.

The district administration, however, assured the evicted families of rehabilitation and compensation. Meanwhile, Digboi MLA Suren Phuken said he distributed Rs 25,000 each to the evicted families, who were eligible for a compensation.

A year after the eviction, however, some of the affected families claim they are yet to receive the Rs 25,000 compensation and the promised land for rehabilitation. According to residents, most of the evicted families have rebuilt their homes on the evicted land.

Phukan, however, claimed the administration has identified land for eligible families in the Ram Nagar area in Digboi. “Land for over 20 families is identified and will be officially handed over soon,” he said.

Meanwhile, the Forest Department has erected fencing to demarcate the boundary of the forest land in the evicted area.

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

Resettlement of the affected families

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land), Forest

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, Non-agri rural enterprise, Government or community-regulated urban commons

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:

Deputy commissioner (Tinsukia district), North East Frontier Railway Tinsukia Division, North East Frontier Railway Maligaon

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?

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
East Street Journal Asia

East Street Journal Asia is a multilingual, Web-based news journal. It is an independent media organisation whose goal is to make transparent, unbiased and data-driven journalism accessible to all.

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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, Non-agri rural enterprise, Government or community-regulated urban commons

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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