Land Acquisition

Farmer’s

and Acqu i sition

TM

A Report by United Human Rights Federation on Land "Acquisition" & "Transfers" for Private Industry

Land GRAB

is Life GRAB

UNITED HUMAN RIGHTS FEDERATION(UHRF) UHRF is a society registered in India under the provisions of Societies Registration Act, 1860. It is a non-political and non-sectarian national organization devoted to promote, strengthen and preserve democratic bereft of favoritism, nepotism and corruption in the country and to protect rights, interested and dignity of common man.

It is an organization of international ramifications and working in different fields all over the world.

UHRF with the help of experts, volunteers and in association with several agencies is closely observing the affairs and activities of various countries in the field of polities, economy, foreign, business, and also safety & security measures ensured by the respective governments to its citizen. We Make efforts to provide solution to the problem by appraising the cause and extending help to the people.

UHRF also keeps a close watch and check on the financial frauds, money laundering and scams committed by big groups and organization. The UHRF has been able to unearth various frauds, scams & irregularities of corporate and individuals. On these irregularities and frauds of corporate & Companies, UHRF has already filed Public Interest Litigations (PIL) before the Hon'ble Supreme Court of India.

Vision: The vision of UHRF is to form fearless and non-succumbing society on the basis of truthfulness & non-violence. This society believes in peaceful co-existence of physically challenged, schedule castes and tribes, people below poverty line, old-aged, widow & deserted women and down trodden people, irrespective of their caste, creed, sex and religion. UHRF visualizes a society of human rights followers.

Objectives: To be one of the prime organizations of the world ensuring basic human rights and encouraging human rights activities.

To organize and process UHRF is working by opening up different cell viz. Human Rights Help line, Family Discipline, Advisory Centers, Public Justice Legal Aid Centers, Crime Prevention Team, Information Gain Centers, National and International Committees, Accident Relief Centers, Scheduled Castes and Scheduled Tribes Help Centers, Women and Labor Welfare Centers, Medical Legal Relief Centers for helpless, Consumer Grievance Cell, Inquiry Committees, Centers for Government's project etc.

To create awareness among the masses to voice their complaints/ grievances to and fight against injustice.

To bring under the banner of human rights, all the likeminded people of the world. The organization appeals international community to join UHRF, its philanthropic missions and contribute some of their valuable time for the cause of human rights. UHRF paves way for a risk-free, threat –free society coupled with equality for once and all.

2

Core Focus is a society registered in India under the provisions of Societies Registration Act, 1860. It is a non-political and non-sectarian national organization devoted to promote, strengthen and preserve democratic bereft of favoritism, nepotism and corruption in the country and to protect rights, interested and dignity of common man.

2. Peace-in-Piece Works towards bringing Peace.

United Human Rights Federation to spread peace and well-being globally. We have envisioned the idea of "Peace in Pieces - No Fear Forever" a film that will open an avenue to end this vicious trend and violent occurrences and recurrences of unabashed aggression against fellow human beings.

From the land of Buddha and Gandhi, this highly ambitious multi-starrer, multi-lingual feature film will bring the message of peace, non-violence, and fearless spirit of the human kind through this first-of-its-kind initiative.

3. Together we can defeat Terrorism Terrorism is the biggest challenge for society & the world. A study on terrorism, challenges & the solution.

Save Me From Bad Uncle

5. Save me from Bad Uncle The incidents of minors getting raped in the country has been on the rise since the past six years. According to data of the National Crime Records Bureau (NCRB) a total of 5,045 cases were reported in 2007, while in 2012 the figure touched at 8,541.

AN ADVISE TO ALL THE PARENTS

3

GLOBAL WELLNESS FOUNDATION

11. Global Wellness Foundation Global Wellness Foundation has been instituted with the purpose of spreading the message of the quality living, wellness as the philosophy of life, natural therapy, traditional healing methods, alternative medicine, and a stress free, tranquil life in perfect harmony with the nature and the surroundings around us. To spread the message of wellness, the Foundation is planning to share its highly technical process of quality maintenance with leasing organizations across the world through "Wellness" Audits of hospitals, hotels, multiplexes, government offices, railways and airports.

Corporate Social Responsibility When companies operate in an economically, socially and environmentally responsible manner, and they do so transparently, it helps them succeed, in particular through encouraging shared value and social license. Management and mitigation of social and environmental risk factors are increasingly important for business success abroad, as the costs to companies of losing that social license, both in terms of share price and the bottom line, may be significant. CSR can affect staff, consumers, suppliers, investors, governments and the public.

HUMAN RIGHTS ARE NOT OPTIONAL

Corporate Social Responsibility Together We Can Serve The Society

6. Human Right Human rights are rights, which inherits in every human being - man, woman or child from birth and which he or she is entitled to enjoy in every society. These rights recognize the essential worth of a human being and acknowledge the basic equality and dignity inherent in all human beings irrespective of race, color, sex, religion or economic levels of living. These have existed in some form in all cultures and have been enjoyed by the people everywhere with varying degrees of emphasis. While this is a historical fact, it is also a part of our experience that powerful forces within the human race, at both the national and the international levels, have been conspiring to condemn millions of men, women and children in all regions of the world to a state of misery, deprivation and continuing exploitation, thereby violating their Human Rights.

6. UNDER TRIALS PRISONERS Prisoners are one of the weakest constituencies in the society. They have no voting rights, have very limited access to the outside world, and are under the complete control of the prison authority. They cannot speak with the press, write letters or speak with their families without the permission and/or censorship by the prison department. In India, majority of these voiceless people remain in prison pending trial or conviction. Most recent statistics reveal that over 65% of the prisoners are under-trials and they may continue to be held in overcrowded prisons for years. The occupancy in prisons exceeds by 41.4% over and above its sanctioned capacity. A huge majority of these under-trial prisoners are poor.

4

9. Global Peace University The United Earth Peace University will be the first of a series of world-wide universities which are uniquely committed to graduate self-integrated, global citizens who will reverse the current destructive trends of humankind.

The university will help to propagate the message of peace and create a whole new brand of peace activities, who will work to bring peace and harmony in this world.

7. Naxal The Naxalites have been recognized as the most lethal internal security threat to India. The Naxal movement has already spanned several decades and it has emerged as a symbolic sign of various underlying weaknesses of Indian governance, political institutions as well as socio-economic structure.

A REPORT ON

4. Because We Care Creating fearless, non-succumbing and safe society is what drives UHRF (United Human Rights Federation) forward. Fighting against corruption in real estate project(s) is one of our prime concerns to which we give our complete commitment. We ensure each safety parameter that the builders or real estate companies should mull over before initiating any project. Our audit check list includes following parameters to ensure optimum safety for locals.

8. Vrindavan Vrindavan, a place revered as the birthplace of Lord Krishna, is also the dwelling of the widows. In fact, this sacred place can also be known as the “City of Widows�, not because of their number, but their pitiable dependence on charity, which makes them such a prevailing feature of this city of spirituality. Draped in white saris, many of these women bent with age and holding a stick for support, they can be seen scuffling their feet around the city, mostly around the Bhajan Ashrams where they chant prayers and receive uncooked rice, lentils and minimal amounts as charity.

A REPORT ON

Pitiable & Pathetic Conditions OF WIDOWS IN VRINDAVAN

10. Manvitta This is a Magazine, which published by UHRF, covering the problem of Human Rights.

Human rights are similar to fundamental rights or moral principles that provide certain standards of human behavior defended by national and international Human rights law.

The law of human rights has been highly influential within international human rights agency (the part of UNO), global and regional institutions. Under the human rights violation against individual, everyone is protected by the law.

5

DEFINATION Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement.

expeditiously meeting the strategic and developmental needs of the country". An amendment bill was then introduced in Parliament to endorse the Ordinance.

Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015, President of India promulgated the amendment ordinance for third time. Union Government of India has also made and notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 under the Act to regulate the procedure. The land acquisition in Jammu and Kashmir is governed by the Jammu and Kashmir Land Acquisition Act, 1934.

Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and which came into force from 1 January 2014.Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894. On 31 December 2014, the President of India promulgated an ordinance with an official mandate to "meet the twin objectives of farmer welfare; along with

6

PURPOSE As per the Act, the union or state governments can acquire lands for its own use, hold and control, including for public sector undertakings and for "public purpose", and shall include the following purposes:

residential purposes for the weaker sections in rural and urban areas; project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State.

for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; for infrastructure projects as defined under the Act; project for project affected families; project for housing for such income groups, as may be specified from time to time by the appropriate Government; project for planned development or the improvement of village sites or any site in the urban areas or provision of land for

The land can be acquired for private bodies for certain purposes: for public private partnership projects, where the ownership of the land continues to vest with the Government, for public purpose as defined in the Act; for private companies for public purpose.

7

ISSUES Some of the important issues surrounding the Land Acquisition are discussed below. The major land acquisition and conicts happen in the densely populated areas of the countryside.

EMINENT DOMAIN The power to take property from the individual is rooted in the idea of eminent domain. The doctrine of eminent domain states, the sovereign can do anything, if the act of sovereign involves public interest. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt.

The Constitution of India originally provided the right to property (which includes land) under Articles 19 and 31.

Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be deprived of his property save by authority of law." It also indicated that compensation would be paid to a person whose property has been taken for public purposes. The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person

8

shall be deprived of his property save by authority of law" (Constitution 44th Amendment, w.e.f. 10.6.1979). The amendment ensured that the right to property‟ is no more a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under Article 32 of the Constitution.

State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment) Act, 1964, the same can be found in the earlier rulings when property right was a fundamental right (such as 1954 AIR 170, 1954 SCR 558, which propounded that the word "Compensation" deployed in Article 31 implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must "ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of"). Elsewhere, Justice, Reddy, O Chinnappa ruled (State Of Maharashtra v. Chandrabhan Tale on 7 July 1983) that the fundamental right to property has been abolished because of its incompatibility with the goals of "justice"

social, economic and political and "equality of status and of opportunity" and with the establishment of "a socialist democratic republic, as contemplated by the Constitution. There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wake the vestiges of the doctrine of Laissez Faire and create, in the name of efficiency, a new oligarchy.

Efficiency has many facets and one is yet to discover an infallible test of efficiency to suit the widely differing needs of a developing society such as ours" (1983 AIR 803, 1983 SCR 327).

The concept of efficiency has been introduced by Justice Reddy, O Chinnappa, very interestingly coupled with the condition of infallibility.

In India, with this introduction of ‘social’ elements to the property rights, a new phase had begun. K. K. Mathew, justice of KesavanandaBharati vs State of Kerala stated this precisely: "Property in consumable goods or means of production worked by their owners (use aspects of property) were justified as necessary condition of a free and purposeful life; but when property gave power not only over things but through things over persons (power aspect of property) also, it was not justified as it was an instrument of servitude rather than freedom".

9

Land Acquisition in INDIA Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement.

Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and which came into force from 1 January 2014. Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894. On 31 December 2014, the President of India promulgated an ordinance with an official mandate to "meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country". An

amendment bill was then introduced in Parliament to endorse the Ordinance.

Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015, President of India promulgated the amendment ordinance for third time. Union Government of India has also made and notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 under the Act to regulate the procedure. The land acquisition in Jammu and Kashmir is governed by the Jammu and Kashmir Land Acquisition Act, 1934.

10

Palakkad Attapadi (Kerala) Years ago, an irrigation project (Attapadi Valley Irrigation Project) was planned in Attapadi valley,people of Muduga tribes who use to live there were promised that they would be settled on agricultural farms.

Four villages (Bengahedwa, Chittoor, Kettegari, Koronbodi) were displaced in this process and only two were later rehabilitated in the agricultural cooperative. They were to be a part of an agricultural co-operative and were promised a lease for five acres of land per family to carry out their own farming. They were not given titles to the land but only a lease and the promise that the cooperative will be profitable in five years. However, this lease was not renewed and the tribals were compelled to work as agricultural labor on other people's lands.

Bholkarin va Gharelu Sanghatan: Aurangabad (Maharashtra) Land Acquisition Spells Doom for Food and Social Security

According to Mr. Kasim Bhai leader of Shet Mazdoor Sanghatan (Union of Agricultural Labour) there is no social security or right to land for the domestic workers In Maharashtra he also registered his opposition and protest against the acquisition of land for urbanization.

Colonel Negri of the Shet Mazdoor Sanghatan said that a plan for the acquisition of about 2,30,000 hectares of land for Greater Aurangabad is underway and is being opposed by a coalition of various local organisations. He said that since the Urban Land Ceiling Act has been removed land of approximately 165 villages is being acquired and will have significant adverse impact on food security for the area and the people.

11

Aurangabad (Maharashtra) There are more than 50 steel rolling mills in the district that are the biggest cause of pollution and land acquisition. More than 200,000 people migrate from the district every year in the search for employment while not a single local person is employed in the local mills and industries. In this district even in the Bidi making industry the local people are not given priority and most of the workers employed are from the state of Andhra Pradesh. Ms Kalpana of the „Zameen Adhikaar Aandolan” (Land Rights Forum) stated that the latest measure adopted for forcing the small farmers to sell their lands at minimum price is that of preventing them for cultivating the land by surrounding the land with barbed wires.

The labour that is involved in the harvest of sugarcane is badly exploited. The Government of Maharashtra gives a subsidy of fifty percent on sugarcane harvesting machines as a result the harvest has become highly mechanized and the workers are being forced to migrate.

Issue of Gairan (Grazing) land also Raised in Umragaon (Maharashtra) Shri Jayaji Paikrao, leader of the” Ugam Gram Vikas Sanstha” said that in addition to the land rights issue the organization is also attempting to organise the women who use the grazing land.

Operational in 168 villages the organization is trying to ensure ownership rights of dalits and other landless people over 10,000 hectares of grazing land. About 15 percent of grazing land has been occupied illegally by the forest department while on the other hand the land that was given by the Nizam, known as gairan, to the revenue department has still not been transferred into the revenue records. The district of Hingoli was formed in May 1999 and since then, no attempts have been made for land reforms at any level, he added. As a result those who have grazing land are still struggling for its regularization and ownership.

12

Akola (Maharashtra) The failure to secure the rights of dalits and other landless people to the land distributed by the Nizam is not only an insult to the dalit society but an historical mistake that must be corrected while there is still time. „Manavi Haq Abhiyan” and „Zamin Adhikar Aandolan” have begun a process of dialogue with the government for people's rights to the gairan land – 5000 hectares in Akola, 3000 hectares in Wasim, 2000 hectares in Amravati and 6000 hectares in Budhlana. However till date nothing positive has come from the dialogue.

Villagers imprisoned for asking their right over forest land (Orissa) 17 sponge iron plants already exist in Khandhahar region and now the government is acquiring 6000 acres of land for mining. The proposed iron ore mining in this region will displace as many as 100,000 people of 62 villages.

Whether or not the planned thirty years of iron ore extraction will lead to the complete decimation of a tribe who has been living in this region for hundreds of years.

S E M Steel is responsible for pollution in the region that is an important factor in the damage caused to the crops. Despite registering their objections and protest during the public hearing proceedings the people of Kenduri village have not succeeded in saving 3000 acres of their farming land that is being acquired by the government. The administration is registering false criminal cases against all those tribals who are protesting against the setting up of industries in the region. 'Jungle Suraksha Manch' is formed to raise this issue.

13

Struggle for saving 1898 hectares agricultural land destroyed due to coal mining (Jharkhand) In 1971 with nationalization of coal mines many public sector units such as Bharat Cooking Coal Limited began mining operations in new areas. As a result the labour working in these mines had many immediate beneďŹ ts but in 2000 after reductions in the number of labour working the mines they faced major hardships. In the Mohda region alone mining is being done by BCCL in 38,898 hectares of land. Prior to mining this land was used for agriculture and was so prosperous that in 1967-68 when there was a nationwide famine not a single person in the area died of starvation.

Today even after 40 years, more than 60% population of the region does not have access to basic facilities.In 1971 the government promised resettlement, rehabilitation and employment but it has failed to fulďŹ ll its promises. The Government of India has begun the process of part privatization and is promoting contract labour instead of regular employment. A labour receives merely Rs120 after back breaking toil of 10-12 hours and this in itself is a violation of the minimum wages act. Because of uncontrolled mining, cracks are appearing in agriculture and residential land and not a single company is ďŹ lling up the mined pits with sand and gravel. This is leading to increased number of accidents and is a major safety hazard for the people living in the region. Identity cards and safety equipments were not being given to the workers before entry into the mines.

Not only this, there was no registration of the workers before they enter the mines and so in case of accidents they cannot claim compensation from the companies.

14

Teagarden workers living a life of slaves, denying land and other civil rights (Assam) In Assam, there are more than 1000 tea gardens in which, about 70 lakh people are dependent for their livelihood. 80% of tea garden workers were brought from neighboring states about 100 years ago by the British. The average age of tea garden workers is only 50 years. In the last few days, many workers have died due to bad health.

There are about 60 Tea Gardens in Tejpur that engaged primarily laborers belonging to the Santhal and Uoraon tribes of Jharkhand.

Unfortunately, they are treated like slaves even in independent India and are denied land and other civil rights.

They have not been given tribal status in the state of Assam. Since February 2nd, workers in Samaguri tea garden (spread in 600 bhigha) are sitting on protest. All the laborers are demanding that they be given ownership rights on this land, both for agriculture and for constructing home. When these families were brought from Gumla district to Samagudi about 120 years ago, there was a written agreement between the Tea garden owners and the laborers and about 100 acres land was kept aside for cultivation and construction of home. They were also told that they would be given livelihood and social security provisions as permanent labour. In the opinion of Mr. Nelkhas Toppo, Secretary Dekichuli Anchalik Committee, most of the areas where cultivation is being done by tea garden laborers is now being shown in the name of Assam Tea limited and laborers who are settled here for the last 5 generations are in the process displacement.

15

Supreme Court Order Gives Relief for Greater Noida Flat Owners, Leaves Farmers Unhappy GREATER NOIDA: Lakhs of apartment owners can breathe easy after the Supreme Court today ended the uncertainty over land acquisition in more than 60 villages in Greater Noida. The top court on Thursday dismissed petitions filed by both farmers of the region, as well as the Greater Noida authority. Meanwhile, the farmers of the region have said they may be left with no option but to hit the streets again in protest.

The Supreme Court ruling has now given hope to home-buyers, who have expressed hope that delayed projects will now see completion and that the flats they had booked would be handed over to them.

But the Supreme Court ruling has made the farmers an unhappy lot. Some have been asked to sign lease deeds for their houses in their villages, and refusing to do so could mean eviction. Farmer community leaders say that they will consider appealing to a larger bench of the Supreme Court. The UPA had brought its Land Acquisition Bill after bloody clashes between villagers and police in nearby Bhatta Parasul.

UP government will not acquire land without farmers' consent Lucknow: Land for development of state-funded projects in Uttar Pradesh will now be acquired through mutual agreement with land owners and land holders. The new system of land acquisition was granted approval at a meeting of the state cabinet chaired by Chief Minister Akhilesh Yadav on Tuesday. Official sources said the system has been introduced to tide over the delay in acquiring land under the Land Acquisition Act, 2013 and to prevent any legal tussle with land owners. The compensation for the land acquired in urban areas will not be more than two times the market value/circle rate and in rural areas not more than four times the market value/circle rate of the land. The land owners will also be paid for the property, trees and standing crops on their land. If land cannot be acquired through mutual agreement, then action would be taken under the provisions of the 2013 Act and the concerning government orders, an official said.

The meeting also gave its nod to the Uttar Pradesh Goonda Control (Amendment) Bill, 2015, a significant feature of which is the inclusion of the provisions related to cattle smuggling, sexual exploitation, child labour, bonded labour, beggary and illegal trade in removal of body parts

16

SUPREME COURT JUDGMENT ON LAND ACQUISITION Judgement of the Supreme Court of India regarding acquisition of lands by Pune Municipal Corporation for development of “Forest Garden”and landowners challenging the above acquisition proceedings, 24/01/2014 Judgement of the Supreme Court of India in the matter of Pune Municipal Corporation & Anr Versus Harakchand Misirimal Solanki & Ors. dated 24/01/2014 regarding acquisition of lands by Pune Municipal Corporation for development of “Forest Garden”and landowners challenging the above acquisition proceedings before the Bombay High Court in 9 writ petitions

States want freedom to frame their own land acquisition laws It was a government in retreat on Wednesday, as the Centre agreed to consider a demand from the States that they be allowed the flexibility to frame their own laws for land acquisitions or continue to look for a consensus on The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Second Ordinance, 2015.

Briefing journalists on the consultations, Union Finance Minister Arun Jaitley said: “One set of Chief Ministers suggested the Centre try to evolve consensus on the Land Bill…though States don't want to wait indefinitely for the consensus…another was that we leave it to the States to frame legislations for land acquisition which the Centre can approve so that their development plans don't get held up.”

Earlier, in his concluding remarks, Prime Minister Narendra Modi assured the Chief Ministers that their suggestions would be factored in by the Centre in its final decision on the Land Bill.

17

State Of Gujarat vs Shri Shantilal Mangaldas & Ors on 13 January, 1969

[1954] S.C.R. 587, not governed by Art. 31A and Art. 31B read with the Ninth Schedule, was liable to be struck down unless the law provided for payment to the expropriated owner compensation which was a just equivalent.

The two cases raised more problems than they solved. The Court did not indicate the meaning of the expression "just equivalent", nor the date with reference to which the just equivalent was referable. It was also not stated whether compensation was to be the 'market value" determined on principles set out in the Land Acquisition Act inclusive of the potential value as decided by the Judicial Committee in Raja Vyricherla Narayana Gajapatiraju v. The Revenue Divisional Officer(1), or the value of mere existing advantages, apart from the potentialities was to be given. It was easier to state what was not a "just equivalent" than to define what the "just equivalent" was. The decisions did not indicate the limits on the power of the State to fix by law the amount of compensation, which by the express words used in Art. 31(2) the Legislature possessed. But according to the judgment in Mrs. Bela Banerjee's case(2) the principles specified by the Legislature for determining compensation were open to judicial review.

Bhag Singh & Ors vs Union Territory Of Chandigarh, on 14 August, 1985 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1519-23 of 1985.

From the Judgment and Order dated 22.9.1982 of the Punjab and Haryana High Court in R.F.A. Nos. 2317, 2318, 2319, 2320 of 1980 and 331 of 1981.

A.K. Goel, for the Appellants.

Atul Jain and Raj Birbal, for the Respondent. The Judgment of the Court was delivered

by BHAGWATI, CJ. This appeal by special leave raises a short but interesting question of law relating to the interpretation of Section 30 sub-section (2) of the Land Acquisition(Amendment) Act, 1984 (hereinafter referred to as the Amending Act). There are divergent views expressed by different Benches of this Court in regard to the interpretation, of this provision and hence it is necessary to examine this question afresh in order to arrive at a proper interpretation, particularly since the interpretation placed by us will affect the determination of compensation in a large number of cases.

18

Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002

(1) The area development authority or any other authority for whose purpose land is designated in the final development plan for any purpose specified in clause (b), clause (d), clause (f), clause (k), clause (n) or clause (o) of sub-section (2) of Section 12, may acquire the land either by agreement or under the provisions of the Land Acquisition Act, 1894.

(2) If the land referred to in sub-section (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final development plan or if proceedings under the Land Acquisition Act, 1894, are not commenced within such period, the owner or any person interested in the land may serve a notice on the authority concerned requiring it to acquire the land and if within six months from the date of service of such notice the land is not acquired or no steps are commenced for its acquisition, the designation of land as aforesaid shall be deemed to have lapsed.”

Union Of India & Ors vs Shiv Raj & Ors on 7 May, 2014 1. These appeals have arisen from the impugned judgment and order dated 11.5.2007 passed by the High Court of Delhi in Writ Petition (Civil) Nos. 2529 of 1985; 889 of 1986; 988 of 1986; 2155 of 1987; 2645 of 1987; and 2747 of 1987, by which and whereunder, the High Court has quashed the land acquisition proceedings in view of the fact that the objections filed by the respondents-tenure holders under Section 5A of Land Acquisition Act, 1894 (hereinafter referred to as `the Act 1894'), had not been considered by the statutory authorities in strict compliance of principles of natural justice and thus, the subsequent proceedings stood vitiated, relying on the main judgment and order of the same date passed in Writ Petition (Civil) No.424 of 1987 titled Chatro Devi v. Union of India.

19

Singur land should be returned to farmers: Supreme Court to Tata Motors

Supreme Court today asked Tata Motors to clear its stand on the controversial Singur land which, it suggested, should now be returned to farmers.

The automobile giant had been given 997 acres of land on lease in Singur in West Bengal in 2007 by the Left Front government for a factory to produce India's cheapest car, the Nano. It pulled out of Singur a year later and moved its Nano project to Gujarat.

"You have already moved out... Why don't you allow the state to return the land to farmers? You cannot say that you still have the interests in the land in question," the top court observed.

The court was hearing a special leave petition ďŹ led by the Mamata Banerjeeled West Bengal government challenging the quashing of the Singur Land Acquisition Act 2011 by the Calcutta High Court; the Act allowed the government to reclaim 400 acres of land given to Tata Motors and was a major

poll promise made by Ms Banerjee wherein she had promised to return land to the unwilling farmers. The land was acquired from 13,000 owners, but 2,000 of them did not accept compensation for their 400 acres of land.

Backing the Mamata government over the matter, the Centre indicated in court that the company could be compensated for the land with interest.

Tata Motors invested over Rs. 1,500 crore in Singur and is seeking compensation.

Responding to the court's remarks, counsel for Tata Motors said the company had been given the land on lease for a 90-year period and that he would inform the court after receiving instructions from his client.

20

Land acquisition invalid if compensation not paid to owner, says Supreme Court New Delhi: In a significant judgment, the Supreme Court has held that if compensation for land acquired under the 1894 act has not been paid to the land owner or deposited with a competent court and retained in the treasury, then the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation.

However, the only rider is that such an award of compensation should be five years or more prior to the enactment of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which was notified on Jan 1, 2014.

Farmers to get 5-times compensation for land acquisition According to state Revenue Minister Eknath Khadse, farmers will be content and allow their land to be acquired if they get a compensation higher than their expectations.

"We have recently taken the decision to compensate two-and-half times more than the cost of land by ready reckoner (RR) rate for its acquisition in urban area. Whereas land owner in rural area will get five times more compensation than the rate of RR," he said.

Elaborating on the decision, the minister said, "For a land worth Rs 100, the land owner will get Rs 400 and Rs 100 as additional 25 per cent compensation in rural areas. That means he will get five times more compensation." In urban areas, a land owner will get double the compensation than the rate of RR and if the land is purchased with open negotiations, he will get two-and-half times compensation than that of the RR rate, Khadse said.

"The government resolution was issued on May 12 this year and first beneficiary will be from BJP legislator Jaykumar Rawal's constituency Dondaicha in Dhule district," he said.

Rawal, along with a delegation of project-affected land owners, had met Khadse yesterday at Mantralaya. He had requested the minister to resolve the issue of land acquisition as the 3,300 MW thermal power project was stuck in his constituency.

"When farmers or land owners get five times the compensation, they will happily give away their land for the project. The issue will be resolved very soon and the project will be completed in the upcoming years," Khadse said.

21

Displaced Tribals Project

State

Displaced Popula on

Tribal Percentage

Karjan

Gujarat

11,600

100

Sardar Sarovar

Gujarat

2,00,000

57.6

Maheshwar

Madhya Pradesh

20,000

60

Bodhghat

Madhya Pradesh

12,700

73.91

Icha

Bihar

30,800

80

Chandil

Bihar

37,600

87.92

Koel Karo

Bihar

66,000

88

Mahi Bajaj Sajar

Rajasthan

38,400

76.28

Polavaram

Andhra Pradesh

1,50,000

52.90

Maithon & Panchet Bihar

93,874

56.46

Upper Indrava

Odisha

18,500

89.20

Pong

Himachal Pradesh 80,000

56.25

Ichampalli

Andhra Pradesh

38,100

76.28

Tultu

Maharashtra

13,600

51.61

Daman Ganga

Gujarat

8,700

48.70

Bhakra

Himachal Pradesh 36,000

34.76

Masan Reservoir

Bihar

3,700

31

Ukai Reservoir

Gujarat

52,000

18.92

Tamnar

Chha sgarh

59999

22

23

United Human Rights Federation A Society registered under the (Indian) Societies Registration Act, 1860 Email: info@uhrfinternational.org, support@uhrfinternational.org Website: www.uhrfinternational.org Tel: + 91-11-41520022-23, Fax: +91-11-40769027, Mob: +91-7840094056