Assam
,
Guwahati
,
Kamrup
Published :
May 2025
|
Updated :
11 families displaced amid eviction drive in Guwahati’s Birubari
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Sourabh Rai, Amrita Chekkutty
Edited by
Anupa Kujur
69
Households affected
331
People affected
2025
Year started
ha.
Land area affected
69
Households affected
331
People Affected
2025
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
In Court
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
In Court
Region Classification
Urban
Ended
Summary
Fact Sheet
Legal Data
Additional Info
Criminal Law
1
Summary

On 7 March 2025, at least 11 houses build on government land were demolished amid an eviction drive in the Birubari locality of Guwahati, with the area surrounding the Trunk Factory emerging as the focal point of the operation.

Authorities stated that prior eviction notices were issued nearly 25 days ago, instructing residents to vacate the premises. A final warning was issued shortly before the demolition began, after which police personnel were deployed to enforce the eviction orders.

A total of 69 families received eviction notices, out of which 45 families filed petitions with the High Court, seeking exemption from the eviction. A circle officer in Guwahati stated, “There are at least 69 affected households. Out of these, 45 families had moved the Gauhati High Court seeking relief. The remaining 24 houses were demolished as they were built on government land.”

For families that have not pursued legal action, the administrative process remains in force. Authorities have reaffirmed that the eviction drive will continue according to prescribed guidelines, with plans to demolish any remaining illegal constructions.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Non-Forest (Other than Grazing Land)

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

Residential area

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?

No

When did it end?

Why did the conflict end?

3
Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section 4 [If the estate officer believes that someone is occupying public premises without permission, they must first issue a written notice explaining the reasons for proposed eviction. This notice should give the person at least seven days to respond and must invite all those occupying or claiming an interest in the property to show cause why they should not be evicted.] Section 5 [Eviction of unauthorised occupants to happen only after notice under Section 4 is issued and after personal hearing. Any order of eviction passed by the estate officer to contain recording of reasons]; Section 5(2)[If a person does not follow the eviction order on or before the date specified in the said order or within fifteen days of the date of publication of the order, the estate officer or someone they authorize can evict the person from the property]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
Guideline No. 6.[ Prohibit forced evictions and prevent evictions whenever possible- In order for any eviction to comply with international human rights law, a number of criteria must be met, including meaningful engagement with those affected, exploration of all viable alternatives, relocation to adequate housing agreed upon by the affected households so that no one is rendered homeless, access to justice to ensure procedural fairness, and compliance with all human rights. Where these criteria are not met, evictions are deemed to have been forced and to constitute a violation of the right to housing(Para 35)]
In Re: Directions in the matter of demolition of structures
A. NOTICE [i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later. ii. The notice shall be served upon the owner/occupier by a registered post A.D. The notice shall also be affixed conspicuously on the outer portion of the structure in question. iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. iv. To prevent any allegation of backdating, as soon as the notice is served, intimation shall be sent to the office of Collector/District Magistrate of the district by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer v. The notice shall contain the details regarding: a. the nature of the unauthorized construction. b. the details of the specific violation and the grounds of demolition. c. a list of documents that the notice is required to furnish along with his reply. d. The notice should also specify the date of personal hearing and the designated authority] ; B. PERSONAL HEARING [i. An opportunity of personal hearing to the person concerned should be given. ii. The minutes of such a hearing shall also be recorded.]; C. FINAL ORDER [i. Authority shall pass a final order after hearing. ii. The final order shall contain: a. the contentions and if the authority disagrees with it, the reasons thereof; b. reasons if unauthorized construction is compoundable, d. reasons as to why the extreme step of demolition is the only option available]; D. AN OPPORTUNITY OF APPELLATE AND JUDICIAL SCRUTINY OF THE FINAL ORDER. [i.Even if the statute does not provide for an appellate opportunity, the final order will not be implemented for a period of 15 days from the date of receipt. The order shall also be displayed on the digital portal. ii. An opportunity should be given to the owner/occupier to remove the unauthorized construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner has not removed the unauthorized construction, and if the order is not stayed by any authority, steps for demolition can be taken. iii. Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two Panchas];E. PROCEEDINGS OF DEMOLITION [i. The proceedings of demolition shall be video-graphed, and the concerned authority shall prepare a demolition report giving the list of police officials and civil personnel that participated in the demolition process. Video recording to be duly preserved. ii. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal.]

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  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

No

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Forced evictions/dispossession of land

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Gauhati High Court

Case Number

Main Reasoning/Decision of court

Legal Supporting Documents

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

4
Additional Information

Government Departments Involved in the Conflict:

District Administration of Kamrup

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to retain/protect access to common land/resources

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

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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