Rajasthan
,
Asarpura, Bhankrota and Keshavpura villages
,
Jaipur
Published :
Jun 2017
|
Updated :
Jaipur Development Authority Acquires Land for Township Project, Ending Conflict
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
500
People affected
1992
Year started
25
Land area affected
Households affected
500
People Affected
1992
Year started
25
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
In Court
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
In Court
Region Classification
Urban
Ended
Summary
Fact Sheet
Legal Data
Additional Info
Criminal Law
1
Summary

In 1992, Rajasthan government notified to acquire about 538 bigha land from farmers in Bhankrota, Keshavpura and Asarpura villages in Jaipur to build a truck terminal and a settlement called Transport Nagar. Jaipur Development Authority had paid compensation to the affected families. But later, the government shifted the truck terminal to a different location on Sikar road. When farmers learned about it, some families refused to take compensation and give away their land. The government deposited their compensation amount in the high court. Out of 538 bigha land, 150 bigha or 25 hectares remained to be acquired. Until 2013, no government scheme was launched on the acquired land. In 2013, the government began the process of acquiring the remaining 25 hectares of land for a township project. Residents who live on that piece of land moved court and got a stay against the acquisition. They say the compensation provided to them in 1992 means nothing given the current land rates, and since township is a new project they should be given better compensation and a proper rehabilitation.
As JDA was successful in acquiring the land, the conflict was resolved.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

₹

600

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

3
Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 24(2) [if the award under the 1894 Act has been made 5 years or more prior to the commencement of the 2013 Act, but the possession of the land has not been taken or the compensation has not been paid, then such proceedings shall be deemed to have lapsed and the government may decide to initiate fresh proceedings under the 2013 Act.]
Land Acquisition Act, 1894
Section 4 [Publication of preliminary notification for land needed for any public purpose]; Section 17(1) [In cases of urgency, wherever so directed, the Collector take possession of any land needed for a public purpose without an award having been made, after fifteen days from the publication of the notice to interested persons]; Section 6 read with section 17(4) [In cases of urgency, the government may direct that hearing of objections under section 5A may not apply to that land and the declaration under section 6 may be made at any time after the publication of notification under section 4]; Section 11A [The Collector shall make an award within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceeding for the acquisition of the land shall lapse]; Section 17 (3A) [Before taking possession of land under Section 17, the Collector shall tender payment of 80% compensation to the persons entitled thereto according to the award and shall pay it to them unless prevented by the operation of Section 31].

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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Controversial land acquisition by the government

Delay in compensation

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Rajasthan High Court

Case Number

CW Case No 6892 of 2015

Main Reasoning/Decision of court

The Court found that there was delay in filing of the writ petitions without explanation and therefore, they were hit by laches. Further, writs filed by the petitioners earlier were withdrawn without liberty to file fresh and therefore the doctrine of constructive res judicata applied to the case. As the award for acquisition of land was passed in 2013, the Court found that Section 24(2) of the LARR Act would not apply to the present case. With respect to Section 11 A of the 1894 Act, the Court reiterated that Section 11A does not apply to cases of acquisition under Section 17 because the land has already vested in the Government and there is no provision in the 1894 Act under which the land can revert to the original owners. As the award had already been passed here, the Court distinguished the present case from the situation in Laxmi Devi v. State of Bihar [(2015) 10 SCC 241]. Regarding non-compliance with Section 17(3A) in respect of some petitioners, the Court held that such non-compliance will not render the possession taken by the Government illegal. Further, in relation to the petitioners’ claim regarding the Government not having taken possession of the land, it was held in the present case as 80% compensation was deposited in Court for land owners who did not opt for taking developed land in lieu of the acquired land, and in other cases, reservation letter was issued with surrender of title of land along with the fact that the fard of possession showed that the government had taken possession of the land.
Legal Supporting Documents

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

4
Additional Information

Government Departments Involved in the Conflict:

Jaipur Development Authority, Rajasthan Government

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

West Way Heights builders and Others

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Farmers and Village Residents

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
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Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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