Those evicted from Darrang were encroachers, not victims: Assam govt to HC

Assam Darrang eviction: The government said that not only was there no official record to substantiate such claims, but that in reality, those portrayed as victims were “encroachers” who were legally evicted by the government as per existing provisions of Assam Land and Revenue Regulation, 1886.

The Assam government has told the Gauhati high court that those evicted from Dhalpur Char in state’s Darrang district and their ancestors had not migrated there from native lands lost to floods and land erosion, as was being claimed. The government said that not only was there no official record to substantiate such claims, but that in reality, those portrayed as victims were “encroachers” who were legally evicted by the government as per existing provisions of Assam Land and Revenue Regulation, 1886.

Villagers near their houses which were demolished during an eviction drive, at Gorukhuti in Assam’s Darrang district, in September. (PTI)

Two civilians including a 12-year-old died and 18 others including 8 policemen had sustained injuries during clashes between police and families at Dhalpur on September 23 during a drive to evict settlers occupying nearly 77,000 ‘bighas’ of government land for decades. Following the deaths during the eviction drive, Debabrata Saikia, the leader of opposition in state assembly, petitioned the court claiming the evicted were from marginalised sections who had migrated there years ago to escape floods and erosions in the areas where they resided earlier. In response, the HC had directed the state government to file an affidavit by November 3.

“The claim that the occupants of Dhalpur Char (sandbar) and their ancestor were forced to migrate from their respective original place of residence due to devastating floods and land erosion is not true as this is not found in revenue records,” the government affidavit filed by Kamaljeet Sarma, circle officer of Sipajhar revenue circle in Darrang district, said.

The government affidavit said that any victim of erosion and flooding who becomes landless in the process has to report it to local revenue authority, which certifies them as erosion affected and landless while maintaining such record.

“However, the occupants of Dhalpur Char and their ancestors have never produced such certificates issued from their original place where they claim to have migrated from. Hence the claim of forced migration due to flood and erosion is not true,” Sarma’s affidavit said.

“The evicted occupants of Dhalpur area have migrated to these areas from different parts of the state and since the land in this area is fertile, they gradually occupied and grabbed the large fertile areas. In the garb of being landless, some individuals have also become land grabbers,” the government affidavit added.

The affidavit also told the court that a rehabilitation policy for erosion affected families was made in 2020 and it was restricted to displacement from 2014-2015 onwards and didn’t cover displacement from government land.

The eviction drive at Dhalpur was carried out to make way for a composite community farming scheme called Gorukhuti Project. On the first day of the drive on September 20, 788 families and 48 shops were removed without any violence but the second day on September 23 led to violent clashes between families and authorities.

The government in its affidavit also refuted allegations that eviction notices were served hours before the drive and that authorities had razed down homes while the families were busy with dismantling themselves.

The affidavit reiterated the government stand that only after the eviction party was attacked with stones, sticks and machetes, that the police first used mild baton charge, tear gas and rubber bullets to disperse the mob before finally resorting to “controlled firing” in which two civilians were killed and other civilians and policemen were injured.

It added that on humanitarian grounds, basic facilities like plastic sheets to build tents, tube wells, toilets and a mobile medical team have been provided to the evicted families. An area of nearly 1000 ‘bighas’ has also been earmarked in southern part of Dhalpur to relocate them, the affidavit said.

“The matter is related to encroachment and eviction only and is not at all related to acquisition of land. Therefore, the question of resettlement, rehabilitation and compensation etc. as per the Land Acquisition Act, is irrelevant,” the affidavit said ruling out any obligation to pay compensation on its part.

Another affidavit filed by Rupam Phukan, additional superintendent of police, Darrang, also reiterated that the police resorted to firing on September 23 only as a last resort to control attacks by the evicted families.

The Assam government has already ordered a judicial inquiry into the violent eviction drive. A photographer engaged by the district administration, seen jumping on an injured civilian in a viral video, has been arrested apart from three residents accused of instigating violence during the drive. The matter will come up for hearing in HC court again on December 14.