Mizoram
,
,
Lawngtlai
Published :
Oct 2016
|
Updated :
Delay in Compensation Stalls Transit Transport Project in Mizoram, Farmers Continue Strike
Reported by
Alinery Lalngilneii Lianhlawng
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
331
People affected
2012
Year started
16
Land area affected
Households affected
331
People Affected
2012
Year started
16
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

Kaladan Multimodal Transit Transport Project is the cornerstone in India's Look East Policy, which aims at building economic and strategic relations with South Asian nations. In April 2008, the Congressled United Progressive Alliance government entered into an agreement with Myanmar to facilitate the implementation of the project. The aim was to develop a multimodal transit transport system to the Northeastern states through Myanmar. The transit route was envisaged between Kolkata and Mizoram. Forty acres of land were to be acquired for the 87kilometre highway from 331 farmers, who started demanding compensation for their land in 2012, when the survey for the project was completed. They have organised several strikes and blockades over the years demanding immediate compensation, which led to the project missing completion deadlines twice. The third deadline was set on December 30, 2018, but this was missed as well. The underlying problem with compensation is the absence of land records. Since 2012, several huts have sprung up along the highway at the border, and the number of people demanding compensation have began to swell, according to an anonymous official talking to the media. A few years prior to 2018, the government compensated some landowners, but they lodged a complaint stating that namesake compensation had been given to fraudulant individuals. In 2018, the state government submitted a proposal to the Ministry of Road Transport and Highways to widen the highway till Silchar in Assam. This implied that more land was needed to be acquired, thus delaying the compensation process further. On January 8, 2020, after the government cancelled the Detailed Project Report for compensation amounting to more than INR 50 crore, the Lawngtlai District Land Owners' Association (LDLAO) issued a stay order on the construction, demanding immediate compensation. At that point, construction work was 81 per cent complete. The association president stated that LDLOA would set a deadline for the payment of compensation, failing which it will go on strike until landowners are paid. The stay order, however, was revoked on January 14. Over time, other issues, such as waste dumping and change of land rate, have created additional challenges. There have been complaints that the construction waste has not been disposed of at the right place resulting in ecological degradation. There have reportedly been 19 deaths since the project began 13 due to malaria and six from onsite accidents. The PWD estimates that by the time the construction is completed, nine million litres of diesel would have been guzzled, 3,100 trees felled and 18 million cubic metres of soil removed. The issue remains unsettled as the stakeholders have refused to come to a mutual agreement.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

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?

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):

1011.52

Type of investment:

Revised 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:

Ministry of Road Transport and Highways, Taxation Department Lawngtlai, Government of Myanmar, Ministry of External Affairs, Mizoram Public Works Department

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:

Essar Projects India Limited, RDS Project Limited, Atlanta-ARSS JV

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Mizoram Pradesh Congress Party, Mizo National Party, Young Lai Association

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
Alinery Lalngilneii Lianhlawng
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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

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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