Only Original Inhabitants Can Buy Land Near Protected Heritage Institutions: Assam Bill

The CSR Journal Magazine

The Assam Assembly has enacted the Assam Land and Revenue Regulation (Amendment) Bill, 2026, which specifies conditions for land ownership in protected zones surrounding heritage institutions. Only “original inhabitants” and certain other groups will be permitted to acquire or hold land in these areas, which lie within a five-kilometre radius of sites that are at least 250 years old.

This amendment revises definitions established in the original law, which was introduced in 2024 but never enacted. The latest changes clarify the parameters of who qualifies as an “original inhabitant” and introduce a cut-off date of January 1, 2006, outlining generational terms as being equivalent to 25 years.

Definition and Categories of Original Inhabitants

The criteria for qualifying as an “original inhabitant” have been delineated in the new legislation. It defines such individuals as those who, along with their families, have resided in the designated protected areas for three generations up to the established cut-off date. This law specifically identifies several indigenous ethnic communities, including Moran, Matak, Chutia, Koch-Rajbongshi, and Ahom, as well as individuals classified as disadvantaged groups.

Chief Minister Himanta Biswa Sarma stated that families who have lived in these regions for three generations, up until January 1, 2006, would not be required to possess a land patta to continue their residence. He stressed that the law applies uniformly across various religions, protecting religious institutions older than 250 years, irrespective of community affiliation.

Pursuant to the Bill, individuals currently holding land pattas will retain their rights to land within these protected areas, regardless of their social or religious backgrounds. However, no new acquisitions will be granted unless individuals meet the specific qualifications outlined in the act.

Eviction Processes and Conditions

The Bill grants powers to the District Commissioner to remove occupants residing in the protected areas without proper authorisation, though exceptions are made for those from Scheduled Castes, Scheduled Tribes, indigenous communities, and disadvantaged groups. Chief Minister Sarma indicated that evictions would be strictly enforced for individuals who do not adhere to the new stipulations.

According to Sarma, the legislation aims to ensure fairness and equal treatment, as it prevents both majority and minority communities from acquiring land within the defined radius around heritage sites. He characterised the amendment as “the most secular” law introduced in Assam, highlighting the collective respect for diverse communities it aims to engender.

It was also noted that the law would not operate retroactively. Those already in possession of valid land documents will not be adversely affected, even if they fall outside the newly established classifications. The intent is to provide security for existing occupants while regulating future land ownership according to the specified criteria.

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