Gauhati HC questions Assam govt decision of transferring 'entire district' to a private company

The Gauhati high court has expressed shock over the grant of 3,000 bighas (4.02 sq km) of land to a cement company in Assam’s Dima Hasao district, which falls under the 6th Schedule of the Constitution, according to a report in TOI.

Justice Sanjay Kumar Medhi, while hearing two petitions related to the land allocation, remarked, “3,000 bighas! The entire district? What is going on? 3,000 bighas allotted to a private company? We know how barren the land is... 3,000 bighas? What kind of decision is this? Is this some kind of joke or what? Your need is not the issue... the public interest is the issue.”

Petitions before the court

The court was hearing one petition filed by Sonesh Hojai and 21 others against the state government and six others, including the cement company, and another petition filed by the cement company against the state government and 10 others. Both matters concern the allocation of land in Dima Hasao.

Direction to NCHAC counsel

The judge directed the standing counsel of the North Cachar Hills Autonomous Council (NCHAC), C Sarma, to obtain records containing the policy under which such a large tract of land was allotted to a private company. “The aforesaid direction has been given by taking into account that the district is a 6th Scheduled district under the Constitution of India, where the priority has to be given to the rights and interest of the tribal people residing there,” the court stated in its order.

Environmental significance of area

The court also noted that the land in question is located in Umrangso in Dima Hasao, which is known as an environmental hotspot with hot springs, a stopover for migratory birds, and diverse wildlife.

Cement company’s submission

Appearing for the cement company, counsel G Goswami argued that the land allotted was barren and required for the company’s operations. The court, however, did not accept these submissions and reiterated its direction to produce the relevant policy documents regarding the allotment of 3,000 bighas of land to the factory.

The court said it would examine the allotment process in detail before passing further orders. The matter has been posted for further hearing on September 1.

(With inputs from TOI)