Gauhati High Court questions allotment of 3000 Bighas of land to private cement company in Assam

Behind the 3,000-bigha allotment to Mahabal Cement lies a decades-old conflict over customary rights, ecological safeguards, and Sixth Schedule protections

The Gauhati High Court has raised serious concerns over the Assam government’s decision to allot nearly 3,000 bighas of land in Dima Hasao district to Mahabal Cement Pvt. Ltd. for mining and industrial purposes.

On August 18, during the hearing on connected writ petitions, Justice Sanjay Kumar Medhi expressed his strong reservations, remarking:

“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.”

According to LiveLaw, the counsel for Mahabal Cement argued that the land allotted comprised only barren areas and was required for the company’s operations. However, the bench did not accept this contention and directed the North Cachar Hills Autonomous Council (NCHAC) to produce the records and policy basis for granting such an unusually large tract of land.

The court underscored that Dima Hasao is a Sixth Schedule district under the Constitution of India, where priority must be given to safeguarding the rights and interests of the tribal communities. It further observed that the proposed allotment site in Umrangso falls within an environmentally sensitive zone, home to hot springs, migratory bird habitats, and diverse wildlife.

In its order, the Court noted:

“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 real story is tribal land rights in Assam

Several users, including the official handles of the Congress and CPI(M), claimed that the land was being handed over to the Adani Group. The conglomerate was forced to issue a formal statement on August 18, calling the claims “baseless” and clarifying that it has no connection with the cement company in question.

This misattribution, however, distracted attention from the real conflict: the struggle of tribal villagers in Sixth Schedule areas of Assam against land allotments that threaten their customary rights.

Notably, Newslaundry had earlier documented local opposition to other projects in Dima Hasao, including Ambuja Cement’s limestone mining project, spread over 1,200 bighas and linked to the Adani Group, which too has faced stiff protests from villagers fearing displacement.

The Company at the Centre: Mahabal Cement

The dispute at the heart of the viral video involves Mahabal Cement Pvt. Ltd., which received an allotment of around 3,000 bighas in Umrangso – an environmental hotspot known for its hot springs, migratory bird stopovers, and diverse wildlife.

As per a report in Newslaundry, since December 2024, 22 residents of Nobdi Longku Kro and Chotolarpheng villages have been challenging the allotment in court. They allege that the Dima Hasao Autonomous Council (DAHC) granted the land without following due process.

A sixth schedule district and tribal land customs

Dima Hasao, established as a Sixth Schedule district in 1951, is administered by the North Cachar Hills Autonomous Council (NCHAC), which manages land rights and governance for the predominantly tribal population.

The district contains both surveyed and un-surveyed land. While surveyed land falls under council administration, un-surveyed land is governed by tribal customs, where gaon buras (village headmen) distribute land and collect taxes on behalf of the council.

As per the report in Newslaundry, the petitioners contend that their families have lawfully cultivated and lived on these lands since 1975, paying taxes through gaon buras. The land, they say, is communal property under tribal custom.

But in 2024, villagers were informed by revenue officials that their land had been acquired for Mahabal Cement. Some residents claim that the local patwari coerced them into signing No Objection Certificates (NOCs) and accepting cheques of ₹2 lakh as compensation.

On May 16, 2024, residents of Nobdi Longku Kro submitted a formal objection letter to the DAHC, accusing officials of using “coercion” and “disinformation” to force through an “involuntary acquisition.”

The court battle

The legal fight over the land began earlier. In November 2024, a PIL filed by an activist on behalf of the villagers was disposed of by the Gauhati High Court, which said residents could return if new circumstances arose. By December, villagers filed a fresh petition.

  • On February 2, 2025, the High Court directed authorities to explain how such a vast tract of land – 3,000 bighas – was allotted to Mahabal Cement. It also asked the DAHC to update the court on land demarcation related to the allotment.
  • By April 2025, the DAHC submitted an affidavit stating that a resolution had been passed in January to provide alternate land to the affected residents. A March 6 notification confirmed the re-allotment of plots about 500 meters away, in equal proportion to what was acquired, along with compensation for agricultural use.
  • Meanwhile, Mahabal Cement filed a separate writ petition, complaining of “disruption” of its cement project. The court later clubbed both petitions for joint hearing.

It was during the August 12 hearing of the merged petitions that Justice Medhi’s remarks went viral. The court observed:

A cursory glance into the facts of the case would reveal that the land which has been sought to be allotted is about 3,000 bighas, which itself appears to be extraordinary.”

The Bench also stated:

“This Court directs Shri C. Sarma, learned Standing Counsel, NCHAC to obtain the records containing the policy to allot such a huge chunk of land measuring 3000 Bighas to a factory. 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. Further, the area involved is Umrangso in the district of Dima Hasao which is known as an environment hotspot containing hot spring, stop over for migratory birds, wild life etc.”

While the company claimed the land was granted through a tender-based mining lease, the bench questioned whether such a decision was compatible with Sixth Schedule protections for tribal rights and the ecological sensitivity of the area.

The matter has now been listed for September 1, 2025, with the court directing the NCHAC to produce the full policy records behind the allotment.

The complete order may be read here.

Shutdown called in Tinsukia as tribal groups resist state cabinet move

As per a report of The Hindu, massive protests broke out in Diphu, the headquarters of Karbi Anglong district, on Wednesday (August 20) as tribal groups opposed the Assam government’s move to hand over tribal land to large corporate houses.

Karbi Anglong is one of three districts in Assam governed under the Sixth Schedule of the Constitution, which safeguards tribal rights and provides autonomy to local councils.

The protest in Diphu was led by All-Party Hills Leaders Conference president Jones Ingti Kathar, with demonstrators raising slogans against Tuliram Ronghang, the BJP-led Chief Executive Member of the Karbi Anglong Autonomous District Council area.

Assam Jatiya Parishad president Lurinjyoti Gogoi, who joined the rally, accused Mr. Ronghang of colluding with corporate houses and “betraying the interests of tribal and indigenous communities.” He contrasted the “₹200-crore mansion” allegedly linked to Mr. Ronghang with the “makeshift huts” where hill tribals continue to live, accusing the BJP of endangering the cultural and economic survival of these communities, according to The Hindu report.

 

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Banasha Bibi, Bengali-speaking Muslim woman with disability, declared Indian in CJP-Led Legal Win

“She Can’t Just Disappear”: Gauhati High Court told as state fails to produce handover certificate in Doyjan Bibi “pushback” case

 

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