Rajasthan
,
Bagoda
,
Jalore
Published :
Jan 2021
|
Updated :
Rajasthan Farmers Allege Violation of LARR Act in Amritsar-Jamnagar Expressway Land Acquisition
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2019
Year started
Land area affected
Households affected
People Affected
2019
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

The AmritsarJamnagar Expressway was notified in May 2018 by the Ministry of Road Transport and Highways. The highway is a mix of greenfield and brownfield stretch passing through Punjab, Rajasthan and Gujarat. The expressway holds strategic importance as it will connect the three big refineries of Bathinda, Barmer and Jamnagar. The expressway is part of the Centre's ambitious Bharatmala Pariyojana, aimed at linking industrial corridors through interstate expressways. According to the National Highways Authority of India (NHAI), the length of the expressway is approximately 1,298 kilometres. As per an official statement of the Rajasthan government, 636 kilometres of it will pass through Sriganganagar, Hanumangarh, Bikaner, Nagaur, Jodhpur, Pali, Sirohi and Jalore districts of the state. Soon after the land acquisition process for the project started, farmers began to agitate. They contended that even though the compensation was being provided as per the norms of the Land Acquisition Act**, **2013, the District Level Committee (DLC) rate, which the state determines from time to time, was not fixed before the land acquisition process began, as mandated by Sections 26 and 28 of the 2013 Act. They allege that the market rate of the land was not evaluated and that the compensation amount was determined on the basis of past DLC rates fixed by the state. Since the DLC rate is always less than the market rate, the farmers are now demanding four times the market rate for their land.
One of the many protests started in Bagoda in Jalore district, where a large number of peasants started camping to seek higher compensation for their land. In February 2020, Ramesh Dalal, president of Bharat Bhoomi Bachao Sangharsh Samiti, began an indefinite strike in Jalore to press the farmers demand for revised compensation. Later, the agitating farmers wrote a letter to President Ramnath Kovind seeking permission to commit euthanasia. No case of death has been reported so far. Dalal said the farmers can earn more income per hectare through agriculture than the compensation offered. He reiterated that the compensation should be determined by following all applicable provisions of the Land Acquisition Act, 2013, failing which the agitation would continue. Alternatively, the farmers have demanded a reevaluation of the expressway and suggested that it should be linked to one of the existing highways in the state so that their agricultural land need not be acquired in the first place. The protest had to be called off in March due to the worsening coronavirus pandemic in the country. Sporadic protests had resurfaced in the middle of the pandemic and continue to date, although this resistance has now been overshadowed by the proposed farm laws. While the protests are still ongoing, in February 2021, Union Finance Minister Nirmala Sitaraman, during her budget 202122 speech said that the construction of the project will commence in the financial year.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Shifting highway alignment to another identified option in Barmer and Jalore

Region Classification

Urban and Rural

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

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):

25000

Type of investment:

Investment Expected

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Public Works Department, State Revenue Department, National Highways Authority of India

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

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
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Refusal to give up land for the project

Complaint against procedural violations

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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