GUWAHATI: A contentious mining lease granted to a private cement company for 3,000 bighas (4.01 sq km) in Assam's Dima Hasao district led an incredulous Gauhati high court judge to question on camera if it was "some kind of joke or what" that " public interest " had been sacrificed at the altar of business.
"The entire district? What is going on? 3,000 bighas allotted to a private company? What kind of decision is this?" Justice Sanjay Kumar Medhi is heard saying in courtroom footage, seemingly taken aback by a counsel's submission on the parcel of land at stake. When the lawyer representing Mahabal Cement Ltd argues that the disputed area near Umrangso "is barren land", Justice Medhi interjects, "We know how barren is NC Hills (Dima Hasao's erstwhile name)." Seconds later, the judge is seen rebuking the lawyer again just as she picks up a sheaf of documents in preparation for further arguments.
"No, no, your lordship, we need it (the land). It's because of..." the counsel says before Justice Medhi interrupts her.
"Your need is not the issue, madam. Public interest is the issue," the judge says.
The high court was hearing two petitions - one filed by Dima Hasao resident Sonesh Hojai and 21 others against the state govt and Mahabal Cement Ltd, and another by the company against the state govt and 10 others. Dima Hasao, one among six tribal-dominant districts of the state, is a biodiverse region famous for its hot springs, forests, migratory bird habitats and wildlife.
As mandated by the Sixth Schedule of the Constitution, an elected autonomous council administers the district.
Justice Medhi has directed the North Cachar Hills Autonomous Council's standing counsel, C Sarma, to "obtain records containing the policy to allot such a huge chunk of land to a factory" and submit these to the court at the next hearing. "The 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," stated the order.
A video of the judge's exchange with the company's lawyer has been widely shared on social media.
"The entire district? What is going on? 3,000 bighas allotted to a private company? What kind of decision is this?" Justice Sanjay Kumar Medhi is heard saying in courtroom footage, seemingly taken aback by a counsel's submission on the parcel of land at stake. When the lawyer representing Mahabal Cement Ltd argues that the disputed area near Umrangso "is barren land", Justice Medhi interjects, "We know how barren is NC Hills (Dima Hasao's erstwhile name)." Seconds later, the judge is seen rebuking the lawyer again just as she picks up a sheaf of documents in preparation for further arguments.
"No, no, your lordship, we need it (the land). It's because of..." the counsel says before Justice Medhi interrupts her.
"Your need is not the issue, madam. Public interest is the issue," the judge says.
The high court was hearing two petitions - one filed by Dima Hasao resident Sonesh Hojai and 21 others against the state govt and Mahabal Cement Ltd, and another by the company against the state govt and 10 others. Dima Hasao, one among six tribal-dominant districts of the state, is a biodiverse region famous for its hot springs, forests, migratory bird habitats and wildlife.
As mandated by the Sixth Schedule of the Constitution, an elected autonomous council administers the district.
Justice Medhi has directed the North Cachar Hills Autonomous Council's standing counsel, C Sarma, to "obtain records containing the policy to allot such a huge chunk of land to a factory" and submit these to the court at the next hearing. "The 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," stated the order.
A video of the judge's exchange with the company's lawyer has been widely shared on social media.
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