Kerala
Kuthiyathodu
,
Thuravoor
,
Ernakulam
Published :
Sep 2016
|
Updated :
KINFRA Abandons Industrial Plan in Ernakulam following Protests Against Land Acquisition
Reported by
Dr. K.H. Amitha Bachan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
734
People affected
2010
Year started
51
Land area affected
Households affected
734
People Affected
2010
Year started
51
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Landbank
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Landbank
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Industrial Policy, 2007 of the Government of Kerala proposed to develop world class industrial infrastructure and balanced regional development in the state through Kerala Industrial Infrastructure Development Corporation Limited (KINFRA). To achieve their objectives, the KINFRA is tasked to acquire land, create basic infrastructure facilities and allot the land to entrepreneurs, as per their requirements. Land for this purposed is acquired under the Land Acquisition Act, 1894 where a District Level Purchase Committee (DLPC) negotiate with landowners and suggest a price for government approval. In 2010, KINFRA identified 79 acres of land in Thuravoor and 47 acres in Kuthiyathodu for acquisition to set up an industrial park. Around 153 families, who are majority farmers or dairy farmers, have agitated against the move. According to the villagers, the land identified for the project includes 52 acres of paddy field on which the livelihood of the villagers is dependent. This they claim violates the Kerala Conservation of Paddy Land and Wetland Act, 2008. In 2012, the villagers protested in front of district administrative office. District collector P Venugopal assured the villagers that the government was ready to rehabilitate all the families that will be evicted. The residents are demanding the project site to be relocated. In 2014, the project was abandoned by KINFRA owing to land issues.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

50

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

October 2014

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Kerala Industrial Infrastructure Development Corporation (KINFRA)

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Kudiyozhippickal Virudha Janakeeya Samithy.

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Dr. K.H. Amitha Bachan
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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for rehabilitation

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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