SC Slams Assam Govt for Delaying Land Allotment to Barpeta's Erosion-Hit Families

The Supreme Court has pulled up the Assam government for repeatedly delaying the allotment of land to flood and erosion-affected families of Barpeta district, warning that coercive steps would follow if compliance was not ensured.

Gist of The Case

The case, Md. Sabed Ali & Ors. v. State of Assam & Ors. (SLP(C) Diary No. 37464/2024), relates to the rehabilitation of families from Dhanbandha village in Barpeta, who lost their cultivable land and homes due to recurring floods and riverbank erosion.

Back in October 1995, the Assam government had issued an order directing allotment of 1 bigha 2 kathas 10 lechas of land per displaced family. However, despite multiple court directions, the rehabilitation process has remained stalled for nearly three decades.

In 2009, the Gauhati High Court ruled in favour of the affected families, but the state later resisted implementation, citing new policy constraints. The 2019 Assam Land Policy further restricted allotments to just half a bigha per family, triggering fresh disputes. The High Court eventually dismissed the petitioners’ appeal in March 2024, prompting them to move the apex court.

SC's September 12 Order

On September 12, a Bench comprising Justice Surya Kant and Justice Joymalya Bagchi expressed displeasure at the state’s conduct, observing that the authorities were “deliberately making one or the other excuse” to evade compliance.

Granting the Assam government a “last opportunity,” the Court directed it to file a compliance affidavit before the next hearing. The matter will be taken up again on October 31, 2025.

The interim stay protecting the petitioners’ possession of their current landholdings will continue until further orders, the Court clarified.

The petitioners were represented by senior advocate M.R. Shamshad, assisted by advocate-on-record Adeel Ahmed and his legal team.

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