Gujarat
,
Ahmedabad
,
Ahmedabad
Published :
Jul 2018
|
Updated :
Farmers Demand More Compensation for Sarkhej-Dholera Highway Land Acquisition in Gujarat
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
48000
People affected
2012
Year started
14000
Land area affected
Households affected
48000
People Affected
2012
Year started
14000
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In June 2018, around 100 farmers from the AhmedabadDholera belt protested against land acquisition for the proposed 77kilometre SarkhejDholera Expressway.  In 2012, the Gujarat government published a notification as per the Land Acquisition Act of 1894 for the acquisition of 91.16 lakh square metres of land for the 116kilometre expressway. In 2013, the UPA government passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act. Following this, the Gujarat government has now proposed to acquire land as per the 1956 National Highways Act and only for a 77kilometre stretch. The protesting farmers claim that more than 10,000 families in 29 villages will be affected because of the land acquisition. They argue that they would be paid just INR 2.5 lakh for one bigha whereas the commercial value of the land is between INR 1018 lakh per bigha, depending on the proximity of the plot to the road. They say their land is fertile and yields two to three crops a year. According to them, the government has reserved land along the SarkhejDholkaVatamanPipli and SarkhejBavlaBagodaraPipli highways, which could be used instead. In April 2020, tenders were floated for construction by the National Highways Authority of India, and in August 2020, it was awarded to Sadbhav Engineering Limited. The expressway is slated to be complete by March 2023. The June 2020 EIA report stated that "the compensation to project affected persons will be paid as per the 2013 LARR Act, the 1956 National Highways Act and other relevant Acts and guidelines of the Government of India." The report acknowledged that compensation was a major issue during public hearings but that the consultants had informed the farmers about the process and assistance. It also stated that compensation would be paid before the project is started. Construction is now underway, and no protest or opposition has been recorded since. However, LCW could not verify if the farmers have been adequately compensated.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for more compensation than promised

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Non-Forest (Grazing Land), 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):

3500

Type of investment:

Cost of Project

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:

Gujarat State Road Development Corporation Limited, Government of Gujarat

PSUs Involved in the Conflict:

Gujarat State Road Development Corporation Limited

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Sadbhav Engineering Limited, GHV India Private Limited, DRA Infracon Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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
Aditi Patil

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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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for more compensation than promised

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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