'Perturbed, curious, shocked': Gauhati HC on allotting 3,000 bighas of land for cement unit

Guwahati, Sep 1 (PTI) The Gauhati High Court on Monday said it is "perturbed, curious and shocked" over allocating 3,000 bighas (nearly 1,000 acres) of land to a private cement company in Assam's tribal-majority Dima Hasao district and asked whether the environmental clearance has been taken for the project.

During the hearing of a writ petition filed by 22 people, Justice Sanjay Kumar Medhi and Advocate General Devajit Saikia had a prolonged argument on whether such a huge parcel of land should be given to Mahabal Cement for setting up a factory at Umrangso in the 6th Schedule Area.

The hearing was live-streamed on the high court’s official YouTube channel.

"The Court was perturbed by the allotment of 3,000 bighas in 6th schedule. We just want to see the records of how the policy was taken," Justice Medhi said.

Claiming that there is "absolutely no foul play", Saikia informed the court that the government constituted a three-member enquiry committee to probe into the matter.

The report is ready, and it will be submitted as an affidavit before the next day of hearing on September 3, he said.

"It was absolutely clean... A wrong message has gone... There is absolutely no bar in allotting a land for industrial purposes," he added.

On this, Justice Medhi said the court is not against having an industry in Dima Hasao, governed by the North Cachar Hills Autonomous Council (NCHAC).

"We are slightly curious and a bit shocked when an area of 3,000 bighas is given to a private company," he said, asking the NCHAC counsel to submit the records and policy of the council under which the land was allotted.

The court then asked if due clearances were taken from the authorities concerned for the 6th Schedule Area land.

"The Executive Committee (EC) of the council decided to allot the land of 3,000 bighas. In 1998, 6,000 bighas of land were allotted to the industry department of the council. That land was not utilised by the industry department," the AG responded to the query.

From that 6,000 bighas, NCHAC EC decided to allot 3,000 bighas, he added.

Reacting sharply, Justice Medhi said, "For what? For a cement factory? Where is the clearance of the environment? How do you start a cement factory? Where is the environmental clearance from the Government of India? How do you curve out a 6th Schedule land? "And what is Umrangso? It's an ecological hotspot. How do you have a cement factory there on 3,000 bighas? Show us the records. The AG says that everything is proper. If everything is proper, we have nothing to say. But we will strictly go by the books." Saikia argued that the stage of environmental clearance has not come, and the land has not been handed over yet.

"That is a wrong statement from all sides. It was purchased (by the company). Rs 2 lakh per bigha was taken by the council while giving this land," he submitted.

Justice Medhi shot back: "Purchased by whom? Taken 3,000 bighas? A direct company? Where does the Ceiling Act go? Have you purchased the land? The statement was that it was given on lease. We find very much inconsistencies. We would like to see the records." The AG stressed that out of the 3,000 bighas, only about 60 per cent can be used as the rest are gradients, meaning those are in a hill.

"So, 3,000 bigha cannot be utilised. Even I was startled at the beginning of 3,000 bighas. Once I saw the report, (I found) it is absolutely in terms with all India parameters," he added.

Justice Medhi countered, stating that there are no 6th Schedule Areas anywhere else.

The 6th Schedule or non-6th Schedule is not the issue, Saikia replied.

"That would be the issue. You will have to address that," Justice Medhi responded to Saikia.

"Absolutely no issue. Can a 6th schedule area have an industry or not? That is the core question," the AG asked.

"That is not the core question... Ultimately we have to balance. The objective is whether we are taking care of the tribal people," Justice Medhi replied to Saikia.

He then sought to know from the government counsel how much land has been allotted to PSU Numaligarh Refinery in Golaghat district.

Stating that there is no dispute about 6th Schedule Areas, Saikia said the company is going to invest Rs 10,000 crore for the welfare of the project.

On this, Justice Medhi asked about the size of Mahabal Cement and sought to know its net worth and ranking in the country, but the counsel of the company, senior advocate G Goswami, could not provide that instantly.

"The parent companies have 4-5 factories across India," Goswami added.

He also explained to the court that the proposed factory will be an integrated one having processing, production and marketing units at the same location, and hence such an amount of land will be required.

On August 12, the Gauhati High Court slammed the Assam government for allotting 3,000 bighas to the private firm, and observed whether "this is a joke".

Commenting on this, AG Saikia on Monday said: "...that statement is creating an uproar everywhere... Because election is coming, everybody is taking political advantage." Responding to this, Justice Medhi said, "Somebody giving a colour to this kind of order, we are not on that." Saikia claimed that as the correct facts were not placed, therefore a three-member independent enquiry was constituted by the government.

The judge said it is the prerogative of the government. PTI TR NN