The Guwahati High Court has expressed strong disapproval of the Assam government's decision to allocate 3,000 bighas of land to a private cement company, Mahabal Cements, for the establishment of a cement factory in the Dima Hasao district. The court's concerns stem from the fact that the land allocation appears to disregard the rights and interests of local tribal communities and raises questions about the legality and fairness of the decision.

During a recent hearing, Justice Sanjay Kumar Medhi questioned the Assam government's decision to transfer nearly 3,000 bighas of land in the Dima Hasao district to Mahabal Cements for a proposed factory, terming the allotment “extra ordinary”. Justice Medhi expressed strong reservations about the allotment, remarking, “3000 bighas! The entire district? What is going on? 3000 bighas allotted to a private company? We know how barren the land is… 3000 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”.

The High Court has directed the North Cachar Hills Autonomous Council (NCHAC) to provide official records and the policy under which such a vast tract of land was handed over. The court has also asked for comprehensive documentation of the land allotment and the policies followed. The next hearing, scheduled for September 1, will be crucial in determining the fate of the allotment.

The court observed that the influence of Mahabal Cements 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. 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.

The Gauhati High Court also pointed out that the district where the land was allotted falls under the Sixth Schedule of the Constitution, which protects the rights and interests of indigenous tribal communities. The court emphasized that Dima Hasao is a Sixth Schedule district under the Constitution, where the rights and interests of indigenous tribal communities must be given precedence.

The court also took note of the ecological importance of Umrangso, the site of the proposed factory, which is known as an environmental hotspot with hot springs and is a stopover for migratory birds and wildlife. 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.

Mahabal Cements defended its position, stating that the land was allotted through a proper tender process and was given on a 30-year lease strictly for mining and cement production purposes. The company argued that it was not interested in taking away anybody's personal property but was only making use of the land that was officially allotted by the government through legal channels. The company's counsel argued that the land was “only barren land” and was essential for the functioning of the factory, claiming that the allotment was made pursuant to a mining lease granted under a tender process. Justice Medhi dismissed the argument, retorting, “We know how barren it is… Your need is not the issue; public interest is the issue".

Petitioners opposing the decision have alleged that several families in Dima Hasao are being evicted from land they lawfully possess for the project. The land, located in the ecologically sensitive Umrangso region, was allocated in two phases: 2,000 bighas in October 2024 and an additional 1,000 bighas in November 2024.

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.