Gujarat
,
Dholera
,
Ahmedabad
Published :
Sep 2016
|
Updated :
Dholera Smart City Project in Gujarat Nears Completion Despite Farmers' Protest, Stay Order
Reported by
Surabhi Bhandari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
39300
People affected
2012
Year started
92000
Land area affected
Households affected
39300
People Affected
2012
Year started
92000
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Smart City
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Smart City
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The Gujarat government acquired around 28,000 hectares of land to build a smart city in the Dholera Special Investment Region (DSIR) in Ahmedabad district, along the DelhiMumbai Industrial Corridor (DMIC). Developed by the UKbased global consultancy firm Halcrow in 2010, the smart city project was handed over to global infrastructure giant AECOM for implementation by the DMIC Development Corporation in 2013. Farmers across 22 villages, with a population of around 39,300, in the south of Ahmedabad were served notices citing the Gujarat Special Investment Region Act, 2009, depriving them of 50 per cent of their land they have been owning for generations. While this land is to be 'deducted' from each owner at market price, the rest will be returned to them as 'developed' plots in designated zones. Furthermore, a 'betterment charge' will be levied on these farmers for the new infrastructural facilities being provided and will be deducted from the compensation amount. Each affected family was also promised a job. In a public hearing held in 2014, the DSIR Development Authority said that compensation for the deducted land will be paid to farmers based on the _jantri _(governmentassessed value of land) rates of April 2011. The farmers mobilised against the DSIR. They submitted several petitions to the authorities, requesting for their villages to be exempted from the project. They also flagged that Dholera is a lowlying area and was submerged for three days during the 2019 monsoons. In December 2015, the Gujarat high court stayed the government from acquiring agricultural land in Dholera. Farmers alleged that despite this stay order, the DSIR authorities continued town planning activities. In 2019, the high court sought explanation from the state about these allegations. However, the project went on, and in March 2021, the chief minister announced that 85.79 per cent of the total planned work in Dholera was completed. The main issue here steams from the DMIC adopting a landpooling mechanism for the project. Essentially, it rests on the principle that the development authority temporarily brings together a voluntary group of land owners for planning the region's development. Since there is no land acquisition involved per se, compensation and rehabilitation under the 2013 Land Acquisition Act does not apply. Consent is a prerequisite. The land owners will end up with half their lands, which will increase in value owing to the infusion of infrastructure, hence are not considered to have lost anything. But the farmers in Dholera argue that 50 per cent of the land records in the villages are disputed and that the district administration has not taken any steps to resolve the disputes. They also argue that the development plots allotted to them are floodprone and hence, cannot be used to live, graze cattle or cultivate fields.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Both

Non-Forest (Other than Grazing Land)

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):

20000

Type of investment:

Cost of Project

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:

Government of Gujarat, Dholera Special Investment Development Authority, Gujarat Infrastructure Development Board, Delhi Mumbai Industrial Corridor Development Corporation

PSUs Involved in the Conflict:

Dholera Industrial City Development Limited

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Halcrow Group Limited, AECOM India Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Zaameen Adhikar Andolan Gujarat, Bhal Bachao Andolan

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
Surabhi Bhandari
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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

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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