Uttarakhand
Sahastradhara Road, Near PM Awas Yojna Complex
,
Tarla Aamwala
,
Dehradun
Published :
Jul 2022
|
Updated :
Eviction of Dalit families sparks protests in Dehradun’s Tarla Aamwala
Reported by
Urvashi Mahtolia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
20
Households affected
People affected
2022
Year started
Land area affected
20
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

More than a dozen Dalit families in Dehradun’s Tarla Aamwala have been evicted by the Dehradun Municipal Corporation (DMC) in July 2022. The residents of the affected settlement, situated next to a Pradhan Mantri Awas Yojana (PMAY) apartment complex, claim that the President of the Residents' Welfare Association managing the complex took lakhs of rupees from them in lieu of allotting formal land titles (pattas). An oral agreement was made for the same, and most of these residents managed to build tin-shed houses on the said land. The allotment, however, never materialised.

Some residents claim that the harassment began when they were unable to pay the full amount. They also believe the eviction and demolition to be an extension of this harassment. Earlier, a written complaint was also submitted to the mayor, where residents alleged wrongful restraint, casteist slurs, and abatement to suicide. The protesters have alleged a lack of due process and deceit, and claim that the municipal authorities gave them no prior notice before the demolition began. They are demanding a stop to demolition or rehabilitation of the evictees in the affected area.

Tara Devi, a resident who works as domestic help, alleged that they bought their land from the same person and had no idea that the land belonged to DMC. They had paid around three lakhs in instalments for the land, and Rs. 50,000 was remaining. Earlier, they used to live in slums but later spent their life’s savings on buying the land and building a tin-shed house. Now, many say they have nowhere to go.

Some residents claimed they had even taken loans for the land, which remain to be paid. Reports have also claimed that some apartments allotted to the beneficiaries of the welfare scheme PMAY have been sublet illegally.

Ashok Kumar, a daily wage labourer, living in the affected area since 2015, told LCW that almost all houses in the area were bulldozed without prior notice by the DMC on 11th July. “They came with bulldozers; two large and one small machine. Everything was destroyed, our ration, beds, everything; they didn’t even give us the time to remove the tin roof of our house.” He was unaware of any complaints made against them by any particular individual. Kumar and other affected people are also disappointed with local leaders and organisations. “Nobody showed up. Nobody has offered any help. It’s monsoon season, and our children and many others have fallen sick because they were drenched in the rain. Visit us, and you will see tears in every eye”, he added.  

Vinay Pratap Singh, Tax Superintendent at DMC, told LCW that the demolition drive was not being conducted based on any complaints but was a part of the DMC’s drive to clear its land from encroachment. He confirmed that around 20-25 houses had been demolished in the area, as on July 13, 2022. When asked whether prior notice was given to evictees or not, he did not give a clear answer, but said that the land belonged to DMC. He also shared that announcements were made in the area a few days before eviction. Congress Councillor Dr. Bijendra Pal Singh said that the eviction happened because the land belonged to the DMC. However, the case should be investigated, and a formal complaint should be lodged against the person who has been accused of selling DMC land.

This is not the first time that apprehensions over eviction have been raised. Earlier in 2020, the residents of Tarla Aamwala, accompanied by Congress leaders, protested against such eviction drives at the DMC office. However, the DMC officials had dismissed the news of eviction back then.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Rural

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

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:

Dehradun Municipal Corporation

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
Urvashi Mahtolia

Urvashi graduated with a Master’s degree in Environment and Development from the School of Human Ecology, Ambedkar University Delhi, in 2021. She is currently working as a research consultant with the National Social Expertise team on an International Finance Corporation-funded project on Cumulative Impact Assessment of Renewable Energy Projects. She is an interdisciplinary researcher interested in land and forest governance and is keen to learn more about the domain of public policy and issues of displacement and resettlement.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand for rehabilitation

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

Whether the project was stalled due to land conflict

Source/Reference

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