Gauhati HC Orders Eviction of Non-Tribals Dwelling in Tribal Areas by Feb 3, 2020

Guwahati, December 30, 2019:

The Gauhati High Court has ordered the Assam State Government to 'evict' all non-tribals settled in the tribal belts and blocks within February 3, next.

In a strict order, the Gauhati High Court has ordered the DCs of a number of districts and the Principal Secretary of the BTC (Bodoland Territorial Council) to evict all the non-tribals possessing lands in the protected areas.

The Court has also asked the deputy commissioners and the Principal Secretary concerned to file their personal affidavits with regard to the action taken for removal of illegal encroachments from the protected areas by February 3, 2020.

ALSO READ: “We Want Himanta Da, but not CAA”: BJP Supporters at Jalukbari Rally

The Court has also warned that if appropriate steps are not taken to give effect to the order, it (the Court) may consider costs.

As per this order, the tribal areas in Assam have to be made free from all encroachments by non-tribal people or people not eligible for possessing land in such protected areas before February 3, 2020.

The order that was pronounced recently by a two-judge bench of the Gauhati High Court comprising Chief Justice Ajai Lamba and Justice Achintya Malla Bujor Barua in connection with a PIL (Public Interest Litigation) (78/2012), has been issued to the deputy commissioners of Bongaigaon, Kamrup (M), Morigaon, Sonitpur and Tinsukia, besides the Principal Secretary of the BTC that has under it four districts – Kokrajhar, Chirang, Baksa and Udalguri. The large number of number of districts which this order has been targeted to smacks of the enormity of the problem.

The State government, in an affidavit filed by Gitanjali Bhattacharyya, Joint Secretary to the Revenue and Disaster Management Department, Assam, has told the High Court that it had taken all steps under a new land policy (approved by the State Cabinet but awaiting gazette notification). The affidavit of the department says ‘deputy commissioners shall not accord permission for land transfer in protected belts and blocks in contravention of provisions of Chapter-X of the Assam Land and Revenue Regulation, 1886’.

ALSO READ: AASU to Launch Series of Protests ahead of PM Modi’s Visit to Assam

The High Court order said, “The needful having done, this Court directs the deputy commissioner and other related officers concerned to strictly implement in letter and spirit the provisions of Chapter-X of the Regulation of 1886. Consequently, the areas in illegal occupation of non-tribal and other persons who are not eligible to hold possession of land be evicted after following due process of law.”

Support Inside Northeast (InsideNE), an independent media platform that focuses on Citizen-centric stories from Northeast India that are surprising, inspiring, cinematic and emotionally relevant.