Meghalaya
,
Erpakon
,
Ribhoi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Meghalaya's Erpakon village resolves to evict all non-tribals
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2024
Year started
Land area affected
Households affected
People Affected
2024
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
Rural
Ended
1
Summary

The Dorbar (traditional Khasi institution) of Erpakon village has resolved to evict all non-tribal people residing or working within its jurisdiction after the brutal murder of a community member.

On 11 May 2024, a resident of Erpakon, 38-year-old Kyrmen Lyngdoh Nonglait, got into a physical altercation with Raju Rajbhar, a non-tribal labourer from the RN Sharma Hotel. The altercation, which reportedly occurring under the influence of alcohol, ended with Rajbhar allegedly striking Nonglait on the head with a wooden plank. Despite receiving medical treatment, Nonglait succumbed to his injuries.

A day later, the police, acting on the complaint from Nonglait's wife, arrested Rajbhar, who subsequently confessed to the crime.

The Dorbar has given one-month notice to all non-tribal workers at RN Sharma Hotel to leave the village. In addition, the hotel's current operator, RN Sharma, has been ordered to vacate the village and replace the hotel staff with local community members.

The Dorbar, led by Headman M Thongni and General Secretary Lambor Kharshilot, justified the move as a necessary measure to ensure safety of Erpakon residents. Furthermore, Dorbar Shnong resolved to stop issuing no-objection certificates (NOCs) to non-tribals planning to establish businesses in Erpakon.

“No new NOCs (no-objection certificates) or permissions will be granted to non-locals as we cannot predict future consequences following the brutal murder of our resident by a non-local hotel worker,” the headman told the Highland Post.

The village has also decreed that all businesses within its jurisdiction, including hotels and dhabas, must employ only local residents henceforth.

The Ri Bhoi's Deputy Commissioner tried to convene a peace meeting with representatives of Dorbar Shnong, the RN Sharma Hotel, and other stakeholders. The leaders and residents of Erpakon village, however, unanimously boycotted the peace meeting. Later, Thongni said that the Dorbar Shnong remains steadfast in its decision to prohibit non-locals from working or running businesses in Erpakon, including Sharma’s hotel.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

To revoke the prohibition on non-tribals from residing and working in Erpakon

Region Classification

Rural

Type of Land

Common and Private

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?

Author
Reported by
Sarup Sinha

Meghalaya

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Meghalaya's Erpakon village resolves to evict all non-tribals

Reported by

Sarup Sinha

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

July 16, 2024

August 12, 2024

Edited on

July 16, 2024

Sector

Land Use

Reason or Cause of Conflict

Other Kind of Land Use

Starting Year

2024

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

State

Meghalaya

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2024

Location of Conflict

Erpakon

Ribhoi

Reason or Cause of Conflict

Other Kind of Land Use

Land Conflict Summary

The Dorbar (traditional Khasi institution) of Erpakon village has resolved to evict all non-tribal people residing or working within its jurisdiction after the brutal murder of a community member.

On 11 May 2024, a resident of Erpakon, 38-year-old Kyrmen Lyngdoh Nonglait, got into a physical altercation with Raju Rajbhar, a non-tribal labourer from the RN Sharma Hotel. The altercation, which reportedly occurring under the influence of alcohol, ended with Rajbhar allegedly striking Nonglait on the head with a wooden plank. Despite receiving medical treatment, Nonglait succumbed to his injuries.

A day later, the police, acting on the complaint from Nonglait's wife, arrested Rajbhar, who subsequently confessed to the crime.

The Dorbar has given one-month notice to all non-tribal workers at RN Sharma Hotel to leave the village. In addition, the hotel's current operator, RN Sharma, has been ordered to vacate the village and replace the hotel staff with local community members.

The Dorbar, led by Headman M Thongni and General Secretary Lambor Kharshilot, justified the move as a necessary measure to ensure safety of Erpakon residents. Furthermore, Dorbar Shnong resolved to stop issuing no-objection certificates (NOCs) to non-tribals planning to establish businesses in Erpakon.

“No new NOCs (no-objection certificates) or permissions will be granted to non-locals as we cannot predict future consequences following the brutal murder of our resident by a non-local hotel worker,” the headman told the Highland Post.

The village has also decreed that all businesses within its jurisdiction, including hotels and dhabas, must employ only local residents henceforth.

The Ri Bhoi's Deputy Commissioner tried to convene a peace meeting with representatives of Dorbar Shnong, the RN Sharma Hotel, and other stakeholders. The leaders and residents of Erpakon village, however, unanimously boycotted the peace meeting. Later, Thongni said that the Dorbar Shnong remains steadfast in its decision to prohibit non-locals from working or running businesses in Erpakon, including Sharma’s hotel.

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Complaint against procedural violations

Other Demand/Contention of the Affected Community

To revoke the prohibition on non-tribals from residing and working in Erpakon

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

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?

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015
Section 2(8) [Dorbar Shnong refers to the traditional units of village administration constituted by the chief headman of the Elaka/ traditional province and are recognized by the Executive Committee of the Jaintia Hills Autonomous District Council] Section 2(26) [Waheh Shnong refers to a person elected by the Dorbar Shnong to be the principal functionary and village head and recognized as such by the Executive Committee] Section 31 [Powers and functions of the Waheh Shnong/ village headman include maintaining peace and tranquillity in the village, amicable settlement of disputes within the village and maintaining the boundary of the village. The Waheh Shnong must immediately report to the police station of habitual offenders of any offence.] Section 32 [The Waheh Shnong is prohibited from discriminating against any citizens on grounds of religion, race, caste, place of birth, etc.]
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    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

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:

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

Killing

Physical attack

Reported Details of the Violation:

On 11 May 2024, a resident of Erpakon, 38-year-old Kyrmen Lyngdoh Nonglait, got into a physical altercation with Raju Rajbhar, a non-tribal labourer from the RN Sharma Hotel. The altercation, which reportedly occurring under the influence of alcohol, ended with Rajbhar allegedly striking Nonglait on the head with a wooden plank. Despite receiving medical treatment, Nonglait succumbed to his injuries.

Date of Violation

May 10, 2024

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Office of Deputy Comissioner Ribhoi

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?

No

Communities/Local Organisations in the Conflict:

Dorbar Shnong of Erpakon

No items found.

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Video

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