Assam

Guwahati High Court Questions Assam Government Over Land Allocation to Cement Company

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The Guwahati High Court has strongly criticized the Assam government over its decision to allot 3000 bighas of land to a private cement company. The bench expressed deep concern, stating that such an action appeared shocking and unexpected. According to the court, the allocation effectively gave away nearly half of a tribal district to one company, raising questions of legality and fairness.

The land in question was handed over to Mahabal Cements. The court observed that the influence of this company seemed to play a role in the allocation. The bench remarked that it almost appeared as though the government had treated an entire district like private property and handed it over to corporate interests.

Bench Expresses Shock Over Land Distribution

During the hearing, the judges openly questioned the logic behind the government’s decision. The bench said that allocating such an enormous portion of land to one entity was almost like making a mockery of the system. The judges highlighted the magnitude of the allocation by asking whether the state realized how much 3000 bighas of land actually meant.

The court explained that this amount of land is equivalent to nearly half of an entire district. The decision was therefore seen as arbitrary, unbalanced, and harmful to the local tribal communities.

Land Belongs to a Constitutionally Protected Region

The Guwahati High Court also pointed out that the district where the land was allotted falls under the Sixth Schedule of the Constitution. This special constitutional arrangement was created to safeguard the interests of indigenous tribal populations. Under the Sixth Schedule, tribal communities are granted certain protections regarding land, resources, and cultural autonomy.

The bench said that the land allocation violated the spirit of this constitutional provision. It stressed that the purpose of the Sixth Schedule is to ensure that tribal communities are not sidelined or stripped of their land for the benefit of commercial ventures.

Environmentally Sensitive Area Included in Allotment

The High Court further noted that the land allotted included ecologically fragile regions of the Dima Hasao district. Among these areas is Umrangso, which is recognized as an environmentally sensitive zone.

The judges remarked that Umrangso is known for its rich biodiversity, including the presence of migratory birds and diverse wildlife. The court stressed that allocating such areas to heavy industrial use could threaten local ecosystems, disturb habitats, and irreparably harm the environment.

The court questioned whether any environmental impact assessments were carried out before taking such a drastic step. It asked how the government could justify the allotment of ecologically fragile land to industrial purposes, particularly when the law demands protection of such zones.

Order to Submit Land Documents

As part of the proceedings, the bench directed the North Cachar Hills Autonomous Council to produce all documents related to the land allotment. The council was also asked to explain the policy framework under which such a large area was allotted to Mahabal Cements.

The court made it clear that transparency was required in such a matter. It questioned whether due process was followed and whether the voices of local tribal residents were considered before the land transfer. The bench fixed the next hearing of the case for September 1, when it expects answers from the council and the state government.

Villagers Protest Land Allocation

The case reached the High Court following petitions filed by local villagers. These residents opposed the government’s decision, arguing that they were being forcefully displaced from their ancestral lands. For tribal communities, land is not just property but a lifeline tied to culture, identity, and livelihood.

The villagers expressed concern that being evicted from their lands would destroy their way of life. They argued that they had lived there for generations and had the constitutional right to continue living on their traditional lands without being forced out for commercial projects.

Cement Company Defends Allotment

On the other hand, Mahabal Cements defended its position during the hearing. Representing the company, advocate G. Goswami told the court that the land was allotted to them through a proper tender process.

According to the company, the land was given on a 30-year lease, strictly for mining and cement production purposes. The lawyer argued that the company was not interested in taking away anybody’s personal property. Instead, it was only making use of the land that was officially allotted by the government through legal channels.

Mahabal Cements also claimed that certain individuals were deliberately creating hurdles in their operations. The company asked the court to issue an order preventing obstruction of their activities.

Tribal Communities Demand Protection

In response, the lawyers representing the tribal petitioners said that the villagers must not be displaced. They insisted that the government and company had ignored the rights of indigenous people while moving forward with the allotment.

The petitioners argued that development projects cannot come at the cost of destroying tribal communities. They highlighted that the Constitution provides strong protection for indigenous populations and their land, particularly under the Sixth Schedule. They demanded that the land allocation be canceled and that local people be allowed to remain in their villages.

Court’s Observation on Power and Influence

The bench also remarked that Mahabal Cements seemed to wield extraordinary influence. It questioned whether such a huge land allocation could have been possible without significant pressure from the company. The judges suggested that corporate interests might have outweighed constitutional principles in this decision.

The court’s strong words reflected its concern that powerful companies could exploit weak governance to acquire massive tracts of land at the expense of vulnerable tribal communities.

Environmental Concerns Highlighted

Environmental experts also believe that large-scale mining and cement production in such areas can lead to irreversible ecological damage. The Dima Hasao district is home to forests, rivers, and rich biodiversity, all of which could be severely impacted by industrial exploitation.

Activists argue that heavy industrial activity could destroy habitats for migratory birds and wildlife. It could also affect water resources and the ecological balance of the region. The High Court echoed many of these concerns in its observations.

Wider Implications of the Case

The case is being closely watched across Assam and other tribal regions in India. The outcome will likely set an important precedent on how much power governments have to allocate land in constitutionally protected regions.

If the High Court rules against the government, it could strengthen protections for tribal communities nationwide. On the other hand, if the decision favors the cement company, it may raise concerns that economic development is being prioritized over constitutional rights and environmental sustainability.

Political and Social Reactions

The issue has sparked debate not just in the courts but also in the political and social spheres. Several tribal organizations have already expressed outrage at the government’s actions. They argue that the decision undermines decades of struggle to protect indigenous rights.

Political parties are also divided, with some supporting industrial development for job creation, while others call for safeguarding tribal lands and heritage. Civil society groups, meanwhile, are emphasizing the importance of balancing development with environmental conservation and social justice.

The High Court has made it clear that the matter will be scrutinized in detail. It has asked for comprehensive documentation of the land allotment and the policies followed. The next hearing scheduled for September 1 will be crucial, as it will determine whether the allotment stands or is revoked.

For now, the villagers remain firm in their opposition, while Mahabal Cements continues to claim that it followed due process. The state government faces tough questions about why it allotted such a large area of tribal and ecologically sensitive land to a private company.

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Rahul Patidar

Rahul Patidar is a News Copy Writer at KKN Live, having joined the team in 2025. He writes on a variety of national and regional issues, bringing fresh perspective and clarity to important current events. Rahul completed both his Bachelor’s and Master’s degrees in Mass Communication from his home state, Madhya Pradesh. During his academic years, he also gained field experience through an internship at a local newspaper in Dhar, Madhya Pradesh, where he sharpened his reporting and writing skills. Rahul is known for his clear writing style and his ability to break down complex news stories for everyday readers. 📩 You can contact him at rahul@kknlive.in

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