Jharkhand
,
Konra
,
Hazaribagh
Published :
Apr 2017
|
Updated :
Jharkhand Farmers Demand Return of Land Acquired for Barhi Mega Growth Centre
Reported by
Alok
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
3000
People affected
1998
Year started
304
Land area affected
Households affected
3000
People Affected
1998
Year started
304
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Manufacturing
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Industry
Reason/Cause of conflict
Manufacturing
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

Residents of Konra village in Barhi town have led a series of protests for over a decade demanding to get back their land acquired for the Barhi Mega Industrial Growth Centre in Hazaribagh district. The proposed industrial park is part of the AmritsarKolkata Industrial Corridor. The industrial project was conceptualised in 1998 to 'boost' the states image as a major industrial hub. The Jharkhand Industrial Area Development Authority acquired nearly 750 acres of land for the project, of which 500 acres were acquired from farmers. In 2009, reportedly 101 acres were transferred to set up a Cobra battalion. Vinod Vishwakarma, an activist from Barhi, filed a public interest litigation with the support of affected land owners at the Jharkhand high court, seeking the return of all acquired land. Since the matter is subjudice, government officials are waiting for the courts decision. Vishwakarma points out that a major portion of the acquired land is agricultural land, adding that the farmers were promised jobs. However, since then, not a single industrial unit has been set up and no employment generated. The families who had given up their farmlands are staring at a livelihood crisis as agriculture was their only source of income. We were cheated by the lawyer representing our case. He told the court that the petitioners did not wish to fight the case anymore and so our case was dismissed in August 2018. But we had never asked him to withdraw the case. People who gave up their land were offered INR 125 per decimal, but the market rate today is INR 35,000 per decimal. This is the magnitude of the injustice to the raiyats who gave up their land, Vishwakarma told LCW. Activists point out to the Santhal Pargana Tenancy Act Amendment of 1993, which states that if no industry or establishment is set up on the acquired land within five years, the land should be returned to the rightful owners. So far, only a boundary well has been erected around the acquired land. Meanwhile, the Department of Industry has envisaged investments for providing modern infrastructure facilities for rapid industrialisation at the yettobbebuilt growth centre.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to get back acquired land

Complaint against procedural violations

Demand for employment

Demand for more compensation than promised

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):

350

Type of investment:

Investment Made

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:

Jharkhand Industrial Area Development Authority, Department of Industry

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:

IL&FS

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Bhoomi Bachao Sangharsh Samiti, Jharkhand Mukti Morcha

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
Alok
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Fact sheet

Demand/Contention of the Affected Community

Demand to get back acquired land

Complaint against procedural violations

Demand for employment

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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