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.
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?
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Land Reform Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Controversial land acquisition by the government
Non-implementation of land reform laws
Incorrect estimation of compensation
Delay in allottment and possession of land/property
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jharkhand
Case Number
WP (C) 6227/2016
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Criminal cases were filed against members of the Bhoomi Bachao Sangharsh Samiti.
Date of Violation
September 20, 2016
Location of Violation
Hazaribagh
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
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?