With grave concern I am writing to you for your immediate intervention following the fact that today at about 3.00 p.m. we were informed that more 5000 persons are going to be evicted from their lawful possession [land and house with belongings] near Belgachia Bhagar (Howrah Municipal Dumping Ground) under Liluah Police Station, in Howrah district of West Bengal state.
We also came to know that this eviction drive is going to take place by an order passed by the Calcutta High Court. We immediately proceeded to the place where the eviction drive is probably scheduled to take place on 14.1.2009 and found that the people residing there are aggrieved by the decision of the court. They also informed us that since the past 100 years the area was occupied by their predecessors and that they are continuing to stay there. They also claimed that they possess valid and legal documents of proof of their citizenship as well as residence to prove the possession of the property. They stated that they were not made aware of the decision of the court and also were not represented in the court proceedings.
It is a genuine grievance of the thousands of the people who are going to be evicted that they were not served upon any prior notice concerning the eviction except an announcement which was made two days earlier by microphone. The civil administration is also tight lipped over the forthcoming eviction drive. We tried to contact with the Office of District Magistrate, Howrah, Superintendent of Police, Howrah and also the Officer-in-Charge of Liluah Police Station several times. But nobody is willing to provide the information related with case or the order made by the court and also the proposed time of eviction.
But we came to know from reliable sources that that the Writ Petition was filed by one Mr. Subhas Dutta, and in connection with W.P. No. 15206 (W) of 2002. The court has passed the order after hearing the matter for last 6 years.
According to our information at least 5 Hindu temples, 3 government-aided non-formal education centers for the poor and the under privileged children, out of which one NCLP (National Child Labour Project) school where the District Magistrate happens to be the Chairman of the project are going to be demolished. We also want to bring your notice that at least six sources of potable water is within the area which will be demolished. These were provided by the Howrah Municipal Corporation, who is a respondent in the Writ Petition.
Needless to mention here, is the numerous judgments delivered by the Indian Courts, that no one is to be evicted from his possession until and unless the due process of law is complied with and that the person to be evicted must be given a reasonable opportunity to be heard in the proceeding. But in this case, where the question of the livelihood and residence are involved of an estimated 5000 people, they were not even made a party in the litigation and neither the government nor the court felt it to be necessary. Those people and their family members with children who are going to be evicted with the sanction of law in this winter season is left to their fate and to an un-destined future, perhaps because they are all Dalits, manual scavengers and poor.
We have already experienced similar circumstances in the past concerning another eviction which was carried out on 2.2.2003 at Belilious Park, Howrah. An estimated 7000 people were evicted. Most of them were Dalits, Manual scavengers and poor. This eviction was also done under the sanction of law through an order passed by the Calcutta High Court, presided by the then Chief Justice. And now we see that one multi-storied building was erected there facilitating the multi-national companies to earn profit.
Neither the court concerned nor the government and the municipal administration arranged for any person’s rehabilitation in this case. It is our hard-earned experience as an organisation, that some interested profit-earning enterprise is hell bound to grab lands in several parts of Howrah, West Bengal under the guise of beautification, pollution free environment, development and so on.
We strongly oppose this form of a justice delivery system which violates basic principles of natural justice and also Article 21 of our Constitution. It is evident in this case that the real-estate dealers, businessmen, land mafias, sections of politicians and some corrupt government employees make money by violating the fundamental human right of the poor.
We still convey our faith in our Constitution, the judicial system, United Nations Conventions and Declarations and for those reasons we appeal to your conscience to take immediate steps to postpone the process of eviction for few days. We also request you to allow a hearing to the people affected by the eviction and to save the judiciary from doing a great wrong.
With regards
Kirity Roy
Secretary, MASUM
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
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