Guwahati, Oct 7: A Division Bench of Gauhati High Court comprising Chief Justice Sudhanghsu Dhulia has opined that ‘Khun Zameen par gir gaya (Blood has spilled on the land)’ while hearing to a Public Interest Litigation (PIL) on the recent Dhalpur eviction drives in which two, including a minor, died of police shooting on September 23, 2021.
The Court was hearing to a PIL filed by the Leader of Opposition in the Assam Assembly on “forced eviction” drives by the state government which was merged with another Suo Moto case taken by the Court on the eviction and subsequent clash between locals and police at Dhalpur in Sipajhar area of Darrang district in central Assam.
“It was an unfortunate incident, it is a tragedy. We will ask for a detailed affidavit from the State. The issue is 3 lives were lost. Khun Jameen par gir gaya,” the Chief Justice opined on the matter.
Govt ordered to submit reply on eviction drive by Nov 3
The Division Bench comprising of Chief Justice Dhulia and Justice Soumitra Sakia termed the clashes “a sorry state of affairs” and a “big tragedy” and ordered the State Government to file a detailed affidavit replying to the queries raised by the PIL within three weeks and has set November 3 as the next day for hearing.
The PIL filed by Saikia that had mentioned about five other instances of “forced eviction” besides the Dhalpur, had raised seven point queries including if the evictions were conducted following Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and if National Rehabilitation Policy is applicable in Assam.
The Court has asked the State government to answer these queries in the detailed affidavit to be submitted by November 3.
While senior advocate Chander Udey Singh represented Debabrata Saikia, Advocate General of Assam, Debojit Saikia represented the government.
Violence in eviction caused by “outside forces”, petitioner a politician
Debojit told the Bench that the eviction was supposed to be a peaceful affair that was agreed upon by both parties and only 125 families were supposed to be evicted until “outside forces” intervened and over 2000 people gathered on September 23.
Debojit also contended that since the petitioner is a political personality, the Court should not allow any political battle inside.
“If they want to fight a political battle, let them fight it outside the Court,” Saikia said.
The Bench, however, observed, “Regarding your point that a political person has filed the plea, we can’t stop them, there is no issue with that.”
The Darrang district government had initiated the eviction drive at Garukhuti and Dhalpur 1, 2 and 3 villages to clear the land that government claims as its land, where it plans to start a community agriculture program months after Assam Chief Minister ordered of clearing the field last June.
