In 1974, the Bihar State Housing Board (BSHB) decided to acquire 1,024.52 acres of land in present Rajeev Nagar in Patna for the proposed Digha Housing Colony. As per the land acquisition law of that time, the farmers were to get Rs 2,200 per 1,360 square feet, but many farmers' lands were acquired without paying them due compensation. The farmers who did not receive the compensation protested against the government's decision to unreasonably leave them out of the compensation scheme and refused to give up their land. Meanwhile, BSHB had deposited Rs 17.42 crore in the account of the district collector of Patna towards the acquisition of land.
Of the 1,024.52 acres of land that was to be developed by the BSHB, around 600 acres were sold by the erstwhile owners or farmers to other parties, making it challenging for the Board to execute the project. This also created a mess over the ownership of land among the original landowners, allotees and occupants.
To resolve the dispute, the Bihar government enacted a law on April 20, 2010. The state Cabinet subsequently approved the Digha Land Acquisition Settlement Rules and Scheme, 2014, fixing the compensation rate, but the landowners were not convinced and maintained that their land had not been acquired by the government.
Chandramunshi Singh, one of the founding members of the Digha Krishi Bhumi Awas Bachao Sangharsh Samiti, formed to protest against the Settlement Rules, is quoted in a news report as saying: "The government's land acquisition process in the disputed area was never completed, so we still own the land."
In 2017, the Bihar chief secretary instructed the BSHB to construct a boundary wall around 400 acres of the disputed land. They faced violent protests by the locals. In November that year, members of the Akhil Bharatiya Baad Sukhad Pidit Sangarsh Morcha, an organisation protesting the land acquisition in Digha, agitated for almost a month, demanding adequate compensation for the farmers. According to a survey report of 1994, there are 330 applicants for compensation.
As per the Settlement Rules, the 600 acres of land on the eastern side of Ashiana-Digha Road on which new new houses were built would be regularised after the payment of a settlement charge, while the remaining 400 acres on the western side of the road will be acquired by the housing board for its own projects. The farmers and residents living on this side have opposed the proposal.
In January 2019, violence erupted between alleged miscreants and the administration during an anti-encroachment drive, in which a dozen cops were injured. The drive was conducted by the Patna district administration in association with Patna Police to hand over six acres of land to the Board. The land was to be acquired to set up offices of Sashastra Seema Bal and the Central Board of Secondary Education.
In January 2021, farmers under the banner of Digha Krishi Bhumi Awas Bachao Sangharsh Samiti announced that they will be campaigning soon in a phased manner to free the Digha land and were looking forward to meet former Union Minister Upendra Kushwaha, along with Chief Minister Nitish Kumar. They continue to reject occupancy on the land and demand compensation at the current rate.
In July 2022, 75 houses were completely demolished and 20 were partially demolished by the administration in Nepali Nagar colony to acquire 1024.25 acres of state housing board's land in Digha. During this time, apart from about 500 policemen, 25 to 30 officers were also present.
The Patna High Court, in its oral observation, held the Housing Board responsible for the illegal occupation of the colony's land and directed to present the list of names and tenures of all MDs and chief officers who have been in the Housing Board in the last 25 years. The court also asked for the list of all the SHOs posted in Rajiv Nagar police station.
Abhishek Singh, a local resident, told the Navbharat Times said that the colony or the house was not built in a day. "All the officers kept selling the land by taking money. When electricity and water connections were being given, neither any officer nor SHO came."
Demand/Contention of the Affected Community
Demand for promised compensation
Refusal to give up land for the project
Complaint against procedural violations
Demand for more compensation than promised
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?
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):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Other, Central/State Government Policy
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.
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:
Delay in compensation
Controversial land acquisition by the government
Non-payment of compensation/promised compensation
Incorrect estimation of compensation
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Supreme Court of India, High Court of Bihar at Patna
Case Number
AIR 1984 SC 1767, C.W.J.C. No. 3991/ 1987, C.W.J.C. No.16533 of 2017
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Whether criminal law was used against protestors:
Reported Details of the Violation:
In January 2019, violence erupted between alleged miscreants and the district administration during an anti-encroachment drive, in which a dozen cops were injured.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Bihar State Housing Board, Patna Police, Patna Municipal Corporation
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Digha Krishi Bhumi Awas Bachao Sangharsh Samiti, Rajiv Nagar Vyavasaik Nyas, Akhil Bharatiya Baad Sukhad Pidit Sangarsh Morcha
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?
Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.
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