Gauhati High Court has stayed the eviction in Kachutali village in Assam’s Kamrup Metropolitan district till September 30 after the affected persons claimed they were issued land pattas in the 1920s.

Justice Devashis Baruah, after hearing the petition challenging the September 13-14 eviction notice issued by the district administration, and the government side, said in his order on Friday that “the Court is of the opinion that the interest of justice would be met if the petitioners herein are granted the liberty to submit their respective representations within 30.09.2024 before the Office of the Deputy Commissioner, Kamrup (Metro) along with all their supporting documents”.

The Kachutali eviction had hit the headlines after clashes broke out between the alleged encroachers and the police on the fourth day of the drive, leaving two dead and 35 injured, including 22 policemen and officials. The said land falls in a tribal belt and nobody other than a tribal can occupy/possess the land after it was declared a tribal belt in 1950. There were protracted protests by local organisations seeking protection of the tribal belt.

The court on Friday said: “The Deputy Commissioner, Kamrup (Metro) is further directed thereupon to decide the claim of the petitioners by giving them an opportunity of hearing. Thereupon, the Deputy Commissioner, Kamrup (Metro) shall pass respective speaking order(s) as per the provisions of law. The Deputy Commissioner shall also keep in mind the directions passed by the Supreme Court dated 03.02.2020 ... and more particularly to the portion where the emphasis has been supplied by this Court.

“Further, the petitioners will not be evicted on the basis of the impugned notices of September 13 and 14. The state Advocate General had given an undertaking to that effect that no action would be taken against the petitioners till their representations were disposed of in the manner directed by the Supreme Court in the order dated 03.02.2020.”