The Gauhati High Court recently expressed shock upon learning that approximately 3,000 bighas of land in a tribal district had been allotted to a cement company [Sonesh Hojai and 21 Ors v The State of Assam and 6 Ors].
Justice Sanjay Kumar Medhi remarked that the company, Mahabal Cements, must be “very influential” to have “almost half of the district allotted" in its favour.
It is extraordinary, the Court underscored.
“What kind of a decision is this? Is this some kind of joke or what? How do you allot 3,000 bighas to a company? Do you understand the magnitude of 3,000 bighas? It will be half of the district,” Justice Medhi remarked during a hearing on August 12.
The judge noted that the district of Dima Hasao, where the land has been allotted, falls under the 6th Schedule of the Indian Constitution under which priority must be given to the rights and interests of the local tribes.
Further, the area involved is Umrangso in the district of Dima Hasao, which is known as an environmental hotspot containing hot springs, stopover for migratory birds and wildlife, the Court recorded.
Therefore, it ordered the North Cachar Hills Autonomous Council (NCHAC) to obtain the records regarding the policy of allotting the land to Mahabal Cements and place it on record.
The case will be heard next on September 1.
The Bench was hearing a set of pleas filed by local villagers seeking directions against their eviction. It was also seized of the plea by Mahabal Cements seeking protection against miscreants who were stopping them from doing business.
Advocate G Goswami appeared for the Cement company and argued that the land was allotted to them on a 30-year lease following a tender process.
“We are not interested in taking someone’s land. We are a cement company… By tender we have got the mining lease,” she said.
Meanwhile, the counsel representing the local tribals said that they should not be evicted from their land.
After considering the case, the Court said that it would examine the process under which the land was allotted.
Advocates AI Kathar and A Rongphar appeared for the petitioner-villagers.
Advocate G Goswami represented Mahabal Cements.
[Read Order]