Haryana
Jhinjoli, Halalpur, Nahara, Garhi, Bala, Mohammadabad, Bindroli
,
Mandora
,
Sonipat
Published :
Mar 2020
|
Updated :
Haryana Farmers Demand Higher Compensation for Land Acquired for Road Project in Sonipat
Reported by
Meenakshi Kapoor
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
794
People affected
2019
Year started
177
Land area affected
Households affected
794
People Affected
2019
Year started
177
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

In March 2019, the National Highways Authority of India (NHAI) floated a tender for the development of Urban Extension Road II (NH344 M) between Bawana Industrial Area Delhi and the bypass of NH352 A at Barwasni in Sonipat district. The total land to be acquired** for the proposed project is 234.45 hectares, of which 57.23 hectares is government land and 177.22 hectares is private land, as mentioned in the Terms of Reference (ToR). Approximately 15 hectares of forestland would be diverted for the project. Soon after the NHAI floated the tender, farmers from 12 villages in Sonipat district who would lose their land filed a memorandum with Bhiwani Deputy Commissioner Anshaj Singh, as reported in The Hindu. In the memorandum, the farmers requested that a committee be constituted to decide the market value of their land, as mandated by the National Highways Act of 1956. They claim no action was taken on their plea. The farmers also demand that the acquisition should happen as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, instead of the National Highways Act, 1956, as the LARR Act makes them eligible for higher compensation. In May 2019, the NHAI applied to the Ministry of Environment, Forest and Climate Change for grant of the ToR under the Environment Impact Assessment Notification, 2006, for the project. The ministry issued the ToR in July. Since then, the affected farmers have been holding a series of protests in Mandora. They claim that the current collector rate (minimum price of land per square feet as decided by the revenue department) **of INR 25 lakh per acre is not consistent with the market value of the land (collector rates are not revised frequently enough to match the market rates). The farmers demanded that the compensation should be increased to INR 1.25 crore per acre. On February 9, 2020, Land Conflict Watch wrote to Virender Sambyal, deputy general manager at the Project Implementation Unit of NHAI in Rohtak, to get an update on the status of the project but did not get any response.
Subsequently, the NHAI started the construction works of the two highways but at a low pace as land acquisition issues are yet to be resolved. On June 4, NHAI opened technical bids calling for contractors for the construction of the project. NHAI Official Piyush Agarwal told LCW that the land acquisition process for the project has been concluded. Sabah Singh, resident of Mandora (Mandaura) village told LCW that the officials have acquired the land but the project affected families are continuing their protests seeking the compensation they demanded.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Private

Forest, 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):

3939.55

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:

National Highways Authority of India (NHAI), Haryana Government

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?

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
Meenakshi Kapoor

Meenakshi is an independent researcher currently based in Himachal Pradesh. She has a Master's in Environmental Management from the Forest Research Institute. She has formerly worked with the Centre for Policy Research, Namati and Kalpavriksh on issues of environmental compliance and regulation. Her interest in the politics of regulatory action gave her the opportunity to study institutions such as the Coastal Zone Management Authorities and the ESA Monitoring Committees. She has also researched on natural resource governance and large-scale land-use change in Indonesia and Myanmar and is experienced in extensive research, writing and advocacy on the Coastal Regulation Zone law of India. Besides researching and reporting from the hills, she enjoys farming, cooking her harvest, tending to her plants and pets, reading in the sun and counting the number of hues at sunset.

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Fact sheet

Demand/Contention of the Affected Community

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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