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Legal Review by
Edited by
Updated by
Published on
October 3, 2016
May 17, 2022
Edited on
October 3, 2016
The VadodaraMumbai Expressway project has been facing stiff opposition from land owners in Navsari and Valsad districts in Gujarat, thereby delaying the land acquisition process. Over 22 villages are likely to be affected by this 380kilometre road project. In June 2016, around 35 people were detained to prevent them from protesting when the National Highways Authority of India (NHAI) officials reached one of the villages for measurement activities. There have been reports of stone pelting and light lathi charge; the measurement activities were carried out in spite of the protest. The land acquisition will lead to the loss of livelihood for over 3,100 families in these villages as their main source of income is agriculture. Even though the government has promised land in lieu of land and house in lieu of house to the affected families, till date, government officials have not taken any steps to ensure that. The project has received all the mandatory clearances. In September and October 2019, the Gujarat high court passed orders directing the state government to apply a multiplying factor of 2.00 instead of 1.00 and recalculate the compensation payable to farmers. The state government, however, challenged the orders in the Supreme Court. In June 2020, the Navsari district administration started issuing compensation notices to farmers to expedite land acquisition for the VadodaraMumbai Expressway project, giving them two months to give up their land. The notice stated that to avail compensation, the farmers have to submit certified copies of their PAN card, voter ID card or driving licence, along with two copies of photographs, a copy of their bank passbook and the government documents related to the land. A week prior, the NHAI officials forcefully procured agricultural lands from farmers of Old Diva village in Bharuch district, and over 35 farmers who protested were detained by the police. Sailesh, a farmer who was given INR 1.21 lakh for his 2.3035 hectares of land, told the media, "The compensation amount for my land is negligible. I cannot buy another piece of land with this money and the leftover land is so less. I have been cultivating vegetables. Now my income will stop." According to Khedut Samaj Gujarat Navsari District President Pinakin Patel, the compensation is being paid at 2011 _jantri _rates. In January 2021, responding to the plea filed by the state government in 2019, the Supreme Court upheld the Gujarat high court's orders, guaranteeing an additional payment of INR 200 crore in total.
Demand for more compensation than promised
Refusal to give up land for the project
Urban
Both
Forest and Non-Forest
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?
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):
₹
1755
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other, Land Acquisition Laws
Legislations/Policies Involved
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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.
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.
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.
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.
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:
Incorrect estimation of compensation
Forced evictions/dispossession of land
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)
High Court of Gujarat, Supreme Court of India
Case Number
C/SCA/467/2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Around 35 people were detained to prevent them from protesting when the National Highways Authority of India officials reached one of the villages for measurement activities. There have also been reports of stone pelting and light lathi charge.
Date of Violation
June 10, 2016
Location of Violation
Kebada village
Nature of Protest
Stone pelting
Protests/marches
Government Departments Involved in the Conflict:
National Highways Authority of India, Ministry of Road Transport and Highways
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:
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?
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