Uttar Pradesh
takrohi, chinhat, kamta, hardasi khera and chandan
,
Kanchanpur Matiyari
,
Lucknow
Published :
Mar 2017
|
Updated :
Acquisition of Land in Lucknow for Purvi Vihar Yojna faces farmers protest over unfair compensation
Reported by
Aashish Deep
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
137251
People affected
2001
Year started
266
Land area affected
Households affected
137251
People Affected
2001
Year started
266
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

U.P. Sahkari Avas Sangh Ltd. (UPSAS) [now The Sahkari Avas Nirman Evam Vitt Nigam Ltd.] planned a housing scheme in 2001, known as Poorvi Vihar Housing Scheme located in Lucknow. For the scheme, UPSAS prepared a land bank of 656.49 acres after acquiring the land from the farmers in 2001. When UPSAS offered the first installment of compensation to the farmers in mid-2001, they refused to accept the amount, asking for a better compensation. Farmers' land was falling on NH 58, hence market price was already high.

Not happy with the compensation, a few farmers challenged the acquisition in the High Court in the same year. The first petition was filed by Mohd. Ayub Khan and others in writ petition no.62 (L/A) of 2001 challenging the acquisition. Then 16 more petitions were filed against the land acquisition.

The villages which were affected by this acquisition were- Kanchanpur matiyari, takrohi, chinhat, kamta, hardasi khera and chandan. In a Writ petition No.29 (L/A) of 2003, Writ Petition No. 34 (L/A) of 2003, Writ Petition No.26 (L/A) of 2003 and Writ Petition No.27 (L/A) of 2003, the petitioners raised that the land was acquired invoking the emergency clause of Land Acquisition Act, 1894. Due to this, the villagers missed the opportunity of hearing and clearing their doubts which is contained in Section 5-A of the Act.

In August 2019, the affected farmers led by Mohanlalganj MP Kaushal Kishore held talks with Principal Secretary Housing Deepak Kumar. The farmers alleged that their land was acquired illegally. 80 per cent farmers were not given compensation. Durgesh Yadav of the Kisan Kalyan Samiti, who has been agitating over the land for years, says that the principal secretary has given assurances to find a suitable solution to the farmers' problem soon.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for promised compensation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Sahkari Avas Nirman Evam Vitt Nigam

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:

Sahkari Avas Nirman Evam Vitt Nigam Ltd., Kchhetriya Kisan Sangharsh Samiti, Jay Sahkari Grih Nirman Samiti Ltd. , Ram Bihari Sahkari Avas Samiti Ltd., Poorvanchal Sahkari Avas Samiti Ltd., Manas Vihar Sahakari Avas Samiti Ltd., Patel Nagar Sahkari Grih Nirman Samiti Ltd., Satyam Sahkari Avas Samti Ltd. , Vetan Bhogi Karmachari Sahkari Avas Samiti Ltd.

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
Aashish Deep
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for promised compensation

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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