Sunday, September 29, 2024
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The Lum Survey Imbroglio Vis a Vis Eviction Drive by Non-State Actor (s)

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By Kyrsoibor Pyrtuh

The Lum Survey area, which is adjacent to Umsohsun and where the old Guwahati-Shillong Road passes through it falls within the defence land and is under the jurisdiction of the Shillong Cantonment. This area is now in the heat of the storm after the Hynñiewtrep Youth Council (HYC) led an eviction drive against the alleged illegal settlers within the vicinity. This write-up is neither an indictment nor a summary report of the incident. However, if there are illegalities committed by a pressure group or settlers, it is for the District Administration or the Court to prosecute as per the law and without fear or favour. The State should earnestly resolve this matter in a just and fair manner.
Shillong as the
Administrative Centre:
If we are to engage with the socio-political turmoil that has plagued the city for the past several decades, we also ought to consider the historical perspective of the place. This year Shillong is marking its Sesquicentennial anniversary, since it became the capital of the province of Assam (under British rule) in 1874. Before that Cherrapunjee (Sohra) was the Headquarters of the British in the Khasi & Jaiñtia Hills. However, after the “Thma Synteng” or Jaiñtia rebellion of the 1860s, the British Government decided to shift the administrative centre to Shillong, which was a more strategic location and in 1866 Shillong was established as the full-fledged Headquarters of British rule.
The British Areas within the Khasi & Jaiñtia Hills were (i) Shillong British Portion and (ii) Jowai Sub-division. Besides, 30 (thirty) more areas within the Khasi Hills were converted into British Areas. The Shillong British Portion included both the Shillong Cantonment and Shillong Municipality, and it covers those areas which the Mylliem State had acceded to the British authority via land agreement in 1863. In his book Delightful Shillong, Bah L. Gilbert Shullai had for the sake of better administration suggested that, “An area ceded by the Mylliem State to the British Government in 1863 may be known as ROWLATNAGAR and the same may be further sub-divided into three sectors, viz:- (1) Lower ROWLATNAGAR which would include part of Rowlatnagar falling within the Jurisdiction of the Shillong Municipality (2) Middle ROWLATNAGAR – that part of Rowlatnagar falling within the Shillong Cantonment and (3) Upper ROWLATNAGAR which formed part of Rowlatnagar falling within the jurisdiction of Upper Shillong Protected Forests.”
The acquisition of land in Shillong was primarily for the establishment of the British civil and military administrations. Subsequently, there were mass movements of people from across the Khasi & Jaiñtia Hills and outside. The migration of people was necessitated by the demands for human resources in government, military and other establishments. Others saw the new capital as an opportunity to have a better life and they were drawn by the prospect of economic growth, education and social advancement.
Shillong and Its spatial growth (1874-1947)
According to K.D Saha, “the real expansion of Shillong town happened from 1874…” when the headquarters of Assam Province was transferred to Shillong vide Notification No 49, dated March 20, 1874. In the subsequent years and during the pre-independence period the capital also witnessed spatial expansion within the two urban administrative units, i.e. the Shillong Municipality and Shillong Cantonment. Several notifications were issued in connection with the expansion of Shillong under the Bengal Municipal Act, 1876. The first expansion occurred with the inclusion of Mawkhar and Laban villages under the jurisdiction of Shillong (Municipal) Station vide the Proclamation Dated November 26, 1878. It is interesting to note that in 1913 an agreement was again executed whereby Ron Sing Syiem, the Syiem of Mylliem further ceded to the British Government the villages of Malki, Laitumkhrah, Jhalupara and Mawprem which were brought under the Municipal Administration. This agreement also clearly defines the power relations between the British Government and Hima Mylliem (Mylliem State). The Syiem agreed to extend the Bengal Municipal Act, III B.C of 1884 to villages of Malki, Laitumkhrah, Jhalupara and Mawprem to the rivers of Umshyrpi and Wahumkhrah provided that his proprietary and manorial rights and his authority as Syiem within such villages, otherwise necessary to be waived for the purposes of such Municipality, shall not be interfered with, and provided that the Municipality shall not give permission to anyone to build houses on new sites without his previous consent. Later, the localities of Kench’s Trace and Rilbong were included in the Shillong (Administered) Municipality as per Notification N0.253-IB Dated 7th August 1941.
On the other hand, in 1879 the area of the Shillong Cantonment was extended towards the western part of the capital and an agreement between Hain Manik, Syiem of Mylliem and J. Sherer, Deputy Commissioner Khasi & Jaiñtia Hills, was executed to this effect on the July 16, 1879. The text of the agreement runs thus- “Whereas it is necessary that the present boundary of Shillong Cantonment should be extended towards the West and as the land required for such extension pertains to the Syiemship of Mylliem of which I am the presiding ruler, I do hereby in terms of my engagement with the British Government cede to the Government all that parcel of Land…” With regards to the boundary and jurisdiction of Shillong Cantonment, the British Government had issued several notifications from 1880 to 1932. It must be remembered that the functions and jurisdiction of Shillong Cantonment also include the areas within the Shillong (Rifle Range) Cantonment and Shillong (Umlong) Cantonment.
Shillong: Its complex
and multiple powers of administration.
Shillong is fraught with multiple powers of administration. The city is governed by a complex web of authorities, each with its own jurisdiction and responsibilities. Understanding this complex administrative landscape is crucial to grasp the intricacies of governance in Shillong. The Shillong Cantonment Board (SCB) is responsible for the administration of the Cantonment area as per the Cantonment Act, 1924. Whereas the Shillong Municipal Board (SMB) and Khasi Hills Autonomous District Council are also empowered by law and the Constitution to govern their respective areas. Besides, the East Khasi Hills District Administration is responsible for the overall administration of the district, which includes the city of Shillong.
Hate and violence
not the solution:
The fault-lines between indigenous and non-indigenous communities in Shillong are razor thin, and any slight confrontation may lead to the city being engulfed in flames, a scenario that the city and the people of the state can no longer afford. One slight provocation from either side will affect the economy of the city and state, especially since tourism is now the major source of income outside the government sector.
Let us assume that those 80 odd households were illegally occupying the open space at Lum Survey and that the demand of HYC to evict them is justified. But there are legal and democratic means to deal with it, not by intimidation or physical violence. Seemingly, the portrayal that those hapless and homeless families are enemies of the “Jaitbynriew” and that the action to evict them is to be considered as “victory” for “Jaitbynriew” is a damp squib.
Today, Shillong is facing an acute problem of rapid urbanization. From traffic congestion to homelessness, substance abuse, prostitution and burglary, we have it all. Moreover, the unhygienic conditions in certain pockets within the Shillong Cantonment are palpable and residents are living in sub-human conditions. There are also many potential and emerging indigenous “favelas” across the capital which are caused by poverty and rise of housing prices. Comparatively, Shillong has minimal numbers of homeless people and as per Urban Authority’s report (2020-21) there are 128 homeless persons within the Shillong Municipality. Unless there is compelling evidence that those families settled in Lum Survey are indulging in nefarious activities and that their presence is a big threat to the survival of Hynñiewtrep populace, perhaps they can be treated as homeless people and the District Administration can move them to shelter homes and arrange for repatriation to their native places (if possible).
Since the British period, the Hynñiewtrep region, especially Shillong has been militarized. In the booklet entitled, ‘The Silent War,’ the Khasi Students’ Union has pointed out that “30% of the land has been militarized and that Shillong is caught in the vice-like grip of the military…and a sizeable portion of prime real estate in Shillong belongs to the Cantonment. Thus, it effectively shuts these areas off for the civilians…” There are many unused and fallow lands within the Ministry of Defence that need to be reverted to the people. The unused land can be converted into commons and create green spaces (not parking lots) and reclaim the walkways that cut across the defence property like the serene pine walk etc. Shillong as an urban space is collapsing for want of a democratically elected Urban Council. Moreover, the Shillong Cantonment Board, which is the democratically elected body, should proactively engage with issues. The recent incident of eviction by non-state actors at Lum Survey and the subsequent march, intimidating people, smacks of law-and-order issues. The trend indicates that life and order are on the decline, which the Home Police Department must take serious note of.

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