Gauhati High Court shocked over 3000 bighas of tribal district land allotted to a private company, questioning legality, Sixth Schedule protections, and impact on local rights.
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Guwahati (Assam): The Gauhati High Court raised strong concerns after discovering that nearly 3,000 bighas of land in Assam’s Dima Hasao district, a Sixth Schedule tribal area, had been allotted to Mahabal Cements Pvt. Ltd.
The matter came up in the petitions Sonesh Hojai and 21 Ors v. The State of Assam and 6 Ors and Mahabal Cement Pvt. Ltd. v. The State of Assam and Ors.
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Court’s Observation
Hearing the case on August 12, 2025, Justice Sanjay Kumar Medhi expressed astonishment at the size of the allotment. Observing that the district itself is small, he remarked,
“How do you allot 3,000 bighas to a company? Do you understand the magnitude? It will be half of the district. Is this some kind of joke?”
The Court noted that such a massive allotment to a private entity appeared “extraordinary” and required deeper judicial scrutiny.
Sixth Schedule & Tribal Rights
Dima Hasao falls under the Sixth Schedule of the Constitution, which grants special protection to tribal lands and communities. Any decision regarding land allocation in such areas must prioritize the rights and interests of the indigenous population.
Moreover, Umrangso, the specific area allotted, is considered an environmental hotspot known for its hot springs, migratory bird habitats, and rich wildlife. The Court highlighted that such ecological significance could not be ignored while granting mining leases.
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The Petitions Before the Court
- Villagers’ Petition (WP(C)/467/2025): Filed by Sonesh Hojai and 21 others, local tribals claimed they were being evicted from their lawfully possessed lands. They sought protection against displacement.
- Company’s Petition (WP(C)/337/2025): Mahabal Cements sought protection from alleged miscreants obstructing their business activities. Their counsel argued that the land was granted through a 30-year mining lease under a tender process.
The Court’s Directions
While taking note of the company’s claim, the Court directed the North Cachar Hills Autonomous Council (NCHAC) to produce the records and policy basis for allotting such a large tract of land to a cement factory.
Justice Medhi emphasized that the matter was not merely administrative but touched upon tribal rights, environmental protection, and constitutional safeguards.
The Court has listed the matter for September 1, 2025.
Appearance:
For the petitioner (villagers): Advocates AI Kathar and A Rongphar
For Mahabal Cements: Advocate G Goswami
Case Title:
Sonesh Hojai and 21 Ors v The State of Assam and 6 Ors
WP(C)/467/2025
READ ORDER HERE
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