Karnataka
,
Chokkasandra Kanakapura
,
Ramanagara
Published :
Oct 2018
|
Updated :
Karnataka Government Destroys Agricultural Land of Tribal Community for Housing Project
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
240
People affected
2018
Year started
6
Land area affected
Households affected
240
People Affected
2018
Year started
6
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Alala Thanda tribal community has been protesting against the takeover of their agricultural land by the state government for the 'Ashraya Yojana' housing project. The tribe members claim to have been dependent on the agricultural land for the last 80 years. In September 2018, a JCB reportedly levelled eight acres of agricultural land without prior notice. Tribal leader Raj Gopal told LCW that farmers of the Alala Thanda community have been paying property tax for the last 80 years. "But the government destroyed the land without any notice. We will fight until we get justice." The farmers approached the Kanakapura rural police station to lodge an FIR, but the police reportedly refused to file a case. They then filed a complaint with the police superintendent of Ramanagara as well as the state forest department but are yet to receive any response. The farmers also alleged that Gopal Nayaka, a member of the Congress Party, along with local goons, approached them in their homes at night and threatened to kill them if they refused to cooperate with the land acquisition for the project. When contacted by LCW, Panchayat Development Officer T. Bekuppe refused to comment on the issue. The Ashraya Yojana housing scheme is a statesponsored project introduced in 199192. The beneficiaries are selected by the Ashraya Committee, comprising both official and nonofficial members and headed by a member of the Legislative Assembly. During 201011, the Ashraya scheme was renamed Vajpayee Urban Housing scheme. In 201415, the scheme introduced a special category that provided housing to HIVaffected families and nomadic tribes. 

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

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):

120

Type of investment:

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:

Government of Karnataka

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

Gopal Nayaka, member of the Congress Party

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
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Demand for legal recognition of land rights

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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