Assam
,
Hojai
,
Hojai
Published :
Oct 2022
|
Updated :
Eviction drive conducted to remove encroachments from Railway property in Hojai district, Assam
Reported by
Emilo Yanthan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2022
Year started
ha.
Land area affected
Households affected
People Affected
2022
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In April 2022, the North Eastern Railway Frontier carried out an eviction drive in the Purana Bazar area of Hojai district in Assam. The range of state officials who were present during the eviction included railway officials, circle officers, police forces, the fire brigade, and representatives from the CRPF. Sixty stores were demolished during the drive by four JCBs. Locals claimed that the district administration failed to notify them about the evictions in advance. While the eviction was being conducted, Achit Das, a businessman, collapsed and was taken to the hospital, where he was declared dead. This led to situation becoming heated up, with people raising slogans like 'Murdabad'.

The eviction was conducted for the construction of a flyover, a project that has been pending in the district. According to the individuals who were affected by the eviction, the drive should have been carried out under the Public Premises (Eviction of Unauthorized Occupants) Act of 1971.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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

Commercial

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?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

District Administration of Hojai

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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Author
Reported by
Emilo R. Yanthan

Emilo is pursuing her PhD in Political Science at the North-Eastern Hill University, Shillong. Her primary research areas include human and land rights and gender issues.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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

Commercial

Whether the project was stalled due to land conflict

Source/Reference

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