Gauhati HC Questions Massive Land Allotment to Cement Firm in Tribal District

The Gauhati High Court has raised serious concerns over the allotment of nearly 4 square kilometres of land to a private cement company in Assam’s Dima Hasao district, calling the decision “extraordinary” and demanding an explanation from the local BJP-led council.

During a hearing last week, Justice Sanjay Kumar Medhi expressed shock when told that the North Cachar Hills Autonomous Council (NCHAC) had approved the allocation of about 3,000 bighas (equivalent to 4 sq km) for Mahabal Cements. A video of the proceedings has since gone viral.

“3,000 bighas? What is going on? 3,000 bighas allotted to a private company?” Justice Medhi remarked. When the company’s counsel argued that the land was “barren,” the judge shot back: “We know how barren NC Hills is. What kind of decision is this? Is this some kind of a joke?”

The counsel replied, “We need it,” to which the judge retorted, “Your need is not the issue. Public interest is the issue.”

The case stems from a batch of petitions filed by local villagers opposing eviction. As such, the company has filed an application under the law seeking protection from miscreants who are giving trouble in its operations.

Dima Hasao, previously known as North Cachar Hills, is one of the Sixth Schedule districts under the Constitution, which means that the administration is vested in the autonomous council with special safeguards for tribal rights and land. The High Court stressed that these protections must guide any land-related decisions.

In its order dated August 12, the court noted that the “extraordinary” scale of the allotment required scrutiny and directed the council to submit all relevant records, including the policy under which such a large tract was sanctioned.

“The district is a Sixth Schedule district under the Constitution of India where the priority has to be given to the rights and interests of the tribal people residing there,” the court said.

The bench also focused on the environmental sensitivity of Umrangso, the area in which the land is situated. The area has hot springs, migratory bird habitat and various forms of wildlife, thus making it an ecological hotspot apart from its tribal significance.