Assam
Deochurchang, Palkhowa villages
,
Bandardubi
,
Golaghat
Published :
Sep 2016
|
Updated :
Over 650 Families Live in Fear of Eviction near Kaziranga in Assam
Reported by
Ashmita Bhattacharya
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
662
Households affected
1680
People affected
2015
Year started
3000
Land area affected
662
Households affected
1680
People Affected
2015
Year started
3000
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Kaziranga was declared a national park in 1974. The park is famous for its population of one-horned rhinos. Following a large number of rhino poaching incidents in the national park, the Guahati High Court passed an order in 2015, directing authorities to evacuate people living in the vicinity of the park, which spreads across Golaghat, Sonitpur and Nagaon districts.
The residents have opposed the move as the government has not assured them any compensation for the loss of land and livelihood. They are being backed by the Krishak Mukti Sangram Samiti, a local organisation. The villages in these districts that will be affected by the court order are Bandardubi, Deochurchang and Palkhowa.
On September 19, 2016, the state carried out the eviction drive in these villages. Houses, temples, mosques and schools were demolished. A total of 331 houses were reportedly razed to the ground, of which 35 families had land rights. Protests against the demolition led to police firing, in which two civilians were killed and 18 persons, including police personnel, were injured.
Subsequently, a review petition filed by villagers demanding compensation before the eviction was rejected by the Gauhati High Court as it decided to not intervene in the matter. The court, instead, upheld its earlier judgement that the villagers facing eviction were encroachers. As per a news report, the state had earlier decided to compensate the affected families on humanitarian grounds, but the latter rejected the compensation offered.
Following the court's response, the National Human Rights Commission and the Assam Human Rights Commission took up suo motu cognizance of the incident and demanded the state government to submit a report in 30 days after conducting a high-level probe.
Several activists, opposition members and news reports alleged that the state government mismanaged the eviction drive, targeted the marginalised and used undue force. They claimed that the drive was targeted at Muslim households of East Bengal origins, many of whom were accused of being "illegal infiltrators".
On September 20, 2016, the All Assam Minority Students' Union (AAMSU) organised a _bandh _(strike) to protest against the evictions and alleged targeting of the minority community. Protests were held in New Delhi too. Since then, the eviction rate had slowed down, but picked up pace again in 2020, with the government issuing fresh eviction notices. Moreover, in September 2020, the state further approved another 30 square kilometres to be included in the boundary of the national park, which has angered the local people. Currently, at least 662 families living around the park face the threat of eviction.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

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

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?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Forest 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?

No

Communities/Local Organisations in the Conflict:

Local residents

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
Ashmita Bhattacharya
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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Demand for compensation

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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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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