West Bengal
,
Aamdanga
,
North 24 Parganas
Published :
Apr 2017
|
Updated :
Expansion Work of NH12 in West Bengal Stalled, Families Demand Better Compensation
Reported by
Mitali Biswas
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
19000
People affected
2009
Year started
40
Land area affected
Households affected
19000
People Affected
2009
Year started
40
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

Work to widen a section (Koltaka to Dalkhola) of National Highway 12 (erstwhile NH34) in the state has been going on since 2009, but work on a stretch of this section in Amdanga region of North 24 Parganas district is stalled because of compensation-related issues.
In 2009, the Indian government allocated INR 2,000 crore in the Central budget for this work. People have demanded better compensation for 42 hectares of land acquired for the expansion. They say they are not against the expansion work but deserve better compensation and rehabilitation package.
The people have been demanding compensation as per the Land Acquisition Act of 2013, under which they should be paid four times the value of the acquired farmland. A report says that the National Highways Authority of India (NHAI) had said that compensation is being given according to a specific package as per the National Highways Act, 1956, under which the affected community would not be eligible for other ancillary benefits, such as employment.
According to The Committee on Protection of Rights of the Victims of National Road Expansion, about 19,000 families have been affected in this area, which includes some shop owners and footpath dwellers. People have protested several times in front of the offices of the local authorities demanding better compensation.
Arbitration proceedings for enhanced compensation took place between the affected families and NHAI, whereby in 2017, the District Magistrate (as the arbitrator) awarded enhanced compensation to the petitioners and extended the benefit of higher compensation under the LARR, 2013 to them.
In October 2019, Gurugram-based KCC Buildcon Private Limited was hired to manage the project. In August 2020, the NHAI gave the Public Works Department a month's deadline to complete the land acquisition.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Region Classification

Urban and 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):

2000

Type of investment:

Investment Made

Year of Estimation

2009

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:

Public Works Department, National Highways Authority of India

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?

No

Communities/Local Organisations in the Conflict:

The Committee on Protection of Rights of the Victims of National Road Expansion

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
Mitali Biswas

Mitali has previously worked as a freelance journalist for Doordarshan. She has directed and produced documentaries themed on sexual violence against women and the peasant movement at Bhangar in West Bengal. She has also co-directed SD, an investigative biography on slain Naxalite leader Saroj Datta. She is currently in the editorial board of Protibidhan, a Bengali magazine dedicated to women’s movements.

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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

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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