Gauhati High Court has expressed shock at the allotment of 3,000 bighas of land to a private cement company in Assam’s Dima Hasao district and directed the North Cachar Hills Autonomous Council (NCHAC) to furnish details of the policy under which the allotment was made.

The land was allotted to Mahabal Cement Pvt Ltd, a Calcutta-registered company, in November by the NCHAC that administers Dima Hasao. The district falls under the Sixth Schedule of the Constitution, which deals with the administration of tribal areas.

“3000 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,” Justice Sanjay Kumar Medhi had orally observed during the hearing of a petition on August 12.

A video clip of the hearing went viral on Sunday.

Justice Medhi was responding to the counsel for the cement company, who argued that the land was barren.

The court sought details about the process and policy under which such a large tract of land was allotted to a cement company. The court emphasised that the welfare of the tribals living in the area should be prioritised.

The matter will be heard again on September 1.

Justice Medhi was dealing with two writ petitions. One petition was filed by 22 people against the Assam government, the NCHAC and other departments concerned, alleging that they were being evicted from their lawfully possessed land in Dima Hasao. The other petition was filed by the cement company.

“A cursory glance into the facts of the case would reveal that the land which has been sought to be allotted is about 3000 bighas, which itself appears to be extraordinary... the learned counsel has however submitted that such allotment has been made pursuant to a mining lease granted under a tender process,” Justice Medhi said in
his order.

The court directed C. Sarma, standing counsel for the NCHAC, “to obtain the records containing the policy to allot such a huge chunk of land measuring 3,000 bighas to a factory”.

The direction has been given by taking into account that the area concerned is under the Sixth Schedule of the Constitution where priority has to be given to the rights and interest of the tribal people residing there, Justice Medhi said in his order.

The area in Umrangso is also an “environmental hotspot containing hot spring, stopover for migratory birds, wildlife etc”, the order added.