Economic growth essential to tackle extremism: Assam defends 3,000 bigha tribal land allotment to cement firm

The Assam government on Wednesday defended its decision to allot 3,000 bighas of land in a tribal district for the construction of a cement plant [Sonesh Hojai and 21 Ors v The State of Assam and 6 Ors].

Advocate General (AG) Devajit Saikia appeared for the State government and the North Cachar Hills Autonomous Council (NCHAC), the body administering the tribal district of Dima Hasao, and said that it would be a sad day for Assam if the investors were to leave due to some “whimsical reason”. 

He stated that economic growth is essential to rid the region of extremism.

“We want investors to come and invest in Assam so that these same places which are infested with extremist elements… We want to improve the economic conditions… Ten years ago, the NC Hills were infested with violence, but today there is no sound of the gun. Why? Because there is economic growth,” he said. 

Saikia stressed that the industry being established in the tribal district would bring an investment of nearly ₹11,000 crores. 

“If the investor goes away for some whimsical reason, that will be a very sad day for the state of Assam. I don’t want to say anything further,” he added. 

Justice Sanjay Kumar Medhi underscored that economic development cannot be at the cost of the environment. 

“Now the ecological balance has been embodied as a right under Article 21. Don’t you think this will have an adverse impact on the environment?” the Court asked. 

The arguments were being made in the case related to the establishment of a cement company in the Dima Hasao district of Assam. 

Notably, during the hearing on August 12, the High Court had expressed shock at the allocation of a massive piece of land to a private company in a district under the 6^th Schedule of the Indian Constitution, where primacy has to be given to the rights of local tribals. 

The High Court had asked the NCHAC to place the records related to the allotment before the Court. 

On Wednesday, the State government and the NCHAC furnished the documents along with a report after the probe by a three-member committee constituted by the Assam government. 

The State government further said that the land has been given on a 30-year lease at the annual revenue rate of ₹250 per bigha and a one-time land premium of ₹2 lakh per bigha.

All the legal procedures have been followed, and that plant would employ nearly 5,000 people who will need the infrastructure. 

“There are absolutely no inhabitants in the area. They [the company] will employ 5,000 people and with families, 20,000 people would live there. Everything has to be built from the scratch. Not a single bigha of land will be wasted,” Saikia added. 

The government also complained about the uproar caused by the courts’ earlier observations. 

Justice Medhi said that he is not concerned about what’s happening outside and that if someone is misusing the observations, action can be taken against them. 

“We have hosted Advantage Assam 1.0 and Advantage Assam 2.0 [investment and infrastructure summits]. We have invited all the big industries to Assam and if this cement factory comes into existence, this will be the biggest in the entire…,” Saikia said. 

Justice Medhi intervened,

“Not at the cost of the environment. Sorry. Not at the cost of the environment. If you do not follow the rules and regulations…”

Saikia replied that there has been no violation, and the State government will not allow any violation. 

Ultimately, the Court granted the other stakeholders three weeks to respond to the State government's affidavit and listed the case for further hearing on September 24.