Assam
Byrnihat, Meghalaya
,
Jorabat
,
Kamrup Metropolitan
Published :
Dec 2024
|
Updated :
October 20, 2024
NHAI evicts 180 business establishments along NH-6 to mitigate floods in Assam
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
180
Households affected
864
People affected
2024
Year started
16
Land area affected
180
Households affected
864
People Affected
2024
Year started
16
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

On 6 September 2024, the National Highway Authority of India (NHAI), in coordination with the Kamrup (Metro) district administration, cleared over 180 illegal structures along National Highway 6 (NH-6), between Jorabat and Byrnihat. This seven-kilometre stretch, connecting Guwahati to Meghalaya and upper Assam, has been prone to frequent flooding, leading to frequent traffic congestion.

The eviction drive was mainly conducted to clear the highway’s drainage system, which had been obstructed by temporary structures such as shops and garages. These encroachments had been blocking the natural flow of stormwater from the hills of Meghalaya, leading to flooding in Jorabat.

The eviction was supposed to be carried out on 5 September 2024. However, owing to objections from occupants, the authorities could not conduct the eviction. On 6 September, the drive was executed with the help of over 150 police personnel without much resistance.

The eviction drive is reportedly expected to improve traffic flow along the highway, which is currently hindered by these structures.

An NHAI official told the Times of India, “These illegal settlers were encroaching on government land and blocking the drainage system along the Jorabat-Byrnihat stretch. The stormwater from Meghalaya’s hills would flow onto the road instead of the drains, inundating the entire area. We expect that with the removal of these encroachments, stormwater will now flow through the drains, mitigating the flooding problem.”

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban and 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

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:

Kamrup metropolitan district administration

PSUs Involved in the Conflict:

National Highways Authority of India

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

Demand to retain/protect access to common land/resources

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

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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