Guwahati: The Gauhati High Court on Monday directed the North Cachar Hills Autonomous Council (NCHAC) to produce the full file concerning the allotment of 3,000 bighas of land to a cement factory in Dima Hasao district, emphasizing the need to examine the complete record behind the decision. The court’s intervention comes amid concerns over the legality and environmental implications of transferring such a significant portion of land in a Sixth Schedule area to a private company.
During the hearing, the counsel for NCHAC submitted only select documents related to the allotment, prompting the bench of Justice Sanjay Kumar Medhi to insist on the production of the entire file. “The objective of the last order was not to look at a few papers but to examine the file containing the decision to allot this huge chunk of land,” the court observed, directing the council to produce the full record at the next hearing.
The State government’s advocate general, Devajit Saikia, informed the court that a three-member committee had been constituted to investigate the matter, and a report had been submitted. He requested permission to file an affidavit to clarify whether the allotment of 3,000 bighas was justified.
Justice Medhi, however, stressed that the court had not directed such an inquiry, reiterating that the concern was over the allotment itself. “We are perturbed at the allotment of such a huge chunk of land in a Sixth Schedule district to a private company. We need to see the records to understand how this policy decision was made,” the judge said.
The NCHAC counsel explained that in 1998, 6,000 bighas of land had been allotted to the state’s industry department. Since the land remained unutilized, the council’s executive committee decided to reduce the allocation and allot 3,000 bighas to the cement company.
Justice Medhi questioned the legal and environmental framework for such a decision. “Where is the environmental clearance from the Government of India? How can a cement factory operate in a Sixth Schedule area? Umrangsu is an ecological hotspot. How can 3,000 bighas be given without proper safeguards?” he asked.
The advocate general noted that the company purchased the land at Rs 2 lakh per bigha, prompting the court to query compliance with the Ceiling Act.
Justice Medhi made it clear that while the court was not opposed to industrial development, it sought to ensure that the rights of tribal people and the legal protections of Sixth Schedule areas were not compromised. “We have to balance development with the protection of tribal communities. You will have to address the Sixth Schedule issue,” he said.
The court also requested details on land allotments to other cement companies and public sector undertakings in the state to allow comparison and assess whether the Dima Hasao allotment was disproportionately large.
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