Assam
Samaguri wetland
,
Mikir Bamuni Grant
,
Nagaon
Published :
Mar 2021
|
Updated :
November 19, 2024
Farmers in Assam resist land acquisition for solar plant, beaten by police
Reported by
Mahesh Deka
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
37
Households affected
177
People affected
2020
Year started
38
Land area affected
37
Households affected
177
People Affected
2020
Year started
38
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

More than 100 farmers, along with women and children, in Nagaon district in central Assam have been protesting since 29 January 2021, against ‘forced’ eviction from their lands. They have alleged that the Nagaon district administration, with the help of police and paramilitary forces, have tried to evict them illegally from their land for setting up a 15-megawatt solar power plant at Mikir Bamuni Grant and Lalung Gaon under Samaguri revenue circle by Azure Power Forty Private Limited, a New Delhi-based solar power generation company. According to them, the district administration has threatened the farmers, and the police have harassed and arrested some of them for trying to resist the eviction.

In October 2020, the police arrested 14 farmers following a fracas with the security personnel of Azure Power. The clash broke out when police started destroying crops. In December 2020, four farmers were arrested on charges of assaulting police personnel. The farmers, however, have said that they were framed and arrested on false charges. After spending more than two months in jail, they got bail on 22 February 2021. The police also allegedly mercilessly beat up women who resisted the land acquisition proceedings. Several women were hurt. "They almost broke my hip with sticks. Not a single policewoman was present there," said Malini Doloi, who sustained serious injuries, in a news report. A 28-year-old woman, identified as Champa Timungpi, suffered a miscarriage after the police allegedly kicked in her belly.

In 2018, Assam Power Development Corporation Limited selected 38.4 hectares of farmland at Mikir Bamuni Grant and Lalung Gaon for setting up the solar power plant. The contract for the work was awarded to Azure Power in 2019. Subsequently, in March 2020, the power company started the process of land acquisition.

The farmers, belonging to Karbi (Scheduled Tribe) and Adivasi communities, admitted that the circle officer of Samaguri had served them a notice for the land acquisition, but they say that not enough time was given to file any written objection. According to them, they received the notice on 12 March 2020, and were asked to register their grievances, if any, before the authorities on March 13.

The farmers subsequently moved the Gauhati High Court against the acquisition of their land. The court stayed the eviction on 24 June 2020. But Azure Power appealed against this order, and a fresh notice was issued by the circle officer of Samaguri on 15 July. On 30 September, the Gauhati High Court directed the Nagaon administration to hand over the land to the power company. The farmers again filed a review petition at the Gauhati High Court, to which the court asked them to appeal to the lower courts to resolve the dispute. On 6 October, a local court in Nagaon ordered the district administration and the police to not interfere since the land acquisition had become a civil dispute. However, a few days after this order, the company allegedly used bulldozers to destroy crops sown on the land by the 37 families.

In May 2021, more than 150 academics, students, lawyers, activists and filmmakers condemned the deployment of CRPF personnel at Mikir Bamuni Grant in the middle of the COVID-19 pandemic and demanded their withdrawal. They collected signatures to ask the authorities to stop the construction of the solar plant.

Azure Power claims that the company has followed the due process of law while acquiring the land. It said in a statement that necessary permissions were taken and that all land purchases were made through private land deals as the land was originally granted to an erstwhile zamindar's family.

The Karbis and Adivasis have been farming on the land for several decades and are solely dependent on it for their livelihood. They obtained possession rights over these lands in 1981 under the Assam (Temporarily Settled Areas) Tenancy Act, 1971. The Act allows a tenant who has held and cultivated a plot of land for more than three years to claim the right of occupancy.

In April 2021, a fact-finding report by the Delhi Solidarity Group exposed Azure Power's alleged land grab at Mikir Bamuni grant. The report said that Azure Power was assisted by district authorities, revenue officials and the police in "forcibly" taking over land that was being cultivated by the villagers, in violation of judicial orders, laws and policies.

“The construction of the solar plant was undertaken with blatant abuse of police power, employed to terrorise local people into submission, and this including a variety of serious human rights abuses. Despite widespread media coverage in local dailies, no action has been initiated against the guilty officials by the State Government,” the report noted. 

Despite a case pending at the Nagaon District and Sessions Court, Azure Power completed and began operating the project in February 2024. Assam Chief Minister Himanta Biswa Sarma inaugurated the project in Nagaon on 25 February 2024.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Forest and Non-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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

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:

Revenue and Disaster Management Department, Government of Assam; Department of Environment and Forest; Assam Police

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:

Azure Power Forty Private Limited

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Karbis, Adivasis

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
Mahesh Deka

Mahesh is a journalist based in Guwahati, Assam. He is currently a senior copy editor in Northeast Now (nenow.in), a bilingual news portal covering Northeast India. He has formerly worked as a senior reporter in Eastern Chronicle, an English daily published from Kolkata and Guwahati, and as a senior sub editor in The Sentinel, an English daily published from Guwahati. He is a recipient of the National Media Award presented by the National Foundation for India, New Delhi. Mahesh has completed five media fellowships on diverse issues in the Northeastern region and translates from English to Assamese and vice versa. His translated work so far is Prachanda: Maobadi Bidrohor Anya Naam.

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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