In 1995, the Janata Dalled government approved the construction of an expressway to connect Mysuru and Bengaluru, along with the development of a peripheral link road and satellite townships. The entire project was called the BangaloreMysore Infrastructure Corridor (BMIC) Project. An MoU was signed with a consortium headed by Nandi Infrastructure Corridor Enterprises (NICE) Limited.
A Frame Work Agreement (FWA) to implement the project was signed between NICE and the state government on April 3, 1997. According to the FWA, a total of 20,193 acres of land were to be handed over to NICE, wherein 6,999 acres were required for a toll road and 13,194 acres for townships. Of the 20,193 acres, 6,956 acres were government land and 13,237 acres were private land.
On October 14, 1998, an agreement was signed between NICE and the Karnataka Industrial Areas Development Board (KIADB) for acquiring land. The same year, KIADB issued notices to farmers for the acquisition of land. However, NICE has till date acquired only 7,000 acres. While the delay in land acquisition can be attributed to protests over what farmers deem unfair compensation for their fertile lands, a large part of the process is embroiled in politics.
According to a news report, Janata Dal (Secular) leader H.D. Deve Gowda, who had approved the BMIC Project when he was the chief minister, is now opposing the same project. He has alleged that the present Karnataka government, led by Chief Minister B.S. Yeddyurappa of the Bharatiya Janata Party (BJP), is acquiring more land than is necessary for the project. However, a news report states that the JD(S) government itself had been accused of allotting more land than necessary for BMIC when it had signed the project framework. Such charges and countercharges have left the project as well as the fate of the farmers in a limbo.
As of March 2019, only a fourkilometre stretch of the expressway, 41 kilometres of the peripheral road and 8.5 kilometres of the link road had been constructed by NICE. There were inordinate delays in the execution and completion of the project following numerous litigations filed by several farmers, alleging corruption and illegalities in the acquisition process.
Meanwhile, the KIADB has till date not withdrawn its notice of land acquisition, leaving the farmers in a state of uncertainty about the status of their lands.
In the course of over 20 years, land prices around Bengaluru and Mysuru have also skyrocketed. A report quotes a senior NICE official as saying that farmers were paid about INR 7.5 lakh per acre for land around Mysuru at the start of the decade. The current land price in the area is INR 5070 lakh per acre, says a property consultant.
Farmers estimate the rate to be even higher. "The government is offering just INR 85,000 per acre against the market rate of more than INR 2 crore. This is an insult to us," a farmer told a news daily during a protest. The farmers have demanded denotification of land that was not acquired and fair compensation, based on market price, for notified land that will be acquired.
Successive governments have failed to either expedite the project completion or take legal action against the company or cancel the MoU. The House Committee of the state legislature submitted a report claiming massive corruption and recommended scrapping of the MoU, along with denotifying the lands and returning them to the farmers. This report is not available in the public domain as yet. Other reports, such as the Environment Impact Assessment and Social Impact Assessment, pertaining to the project are all classified.
Demand/Contention of the Affected Community
Demand for promised compensation
Refusal to give up land for the project
Demand for more compensation than promised
Demand for compensation
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Both
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?
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):
₹
12000
Type of investment:
Cost of Project
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, Constitutional Law, Other
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.
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
Incorrect estimation of compensation
Forced evictions/dispossession of land
Non-payment of compensation/promised compensation
Delay in compensation
Non-implementation/violation of LARR Act
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)
Supreme Court of India
Case Number
CA No. 3492-94 of 2005 and CA No. 1215 of 2011
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Department of Urban Development
PSUs Involved in the Conflict:
Karnataka Industrial Area Development Board
Did LCW Approach Government Authorities for Comments?
Yes
Name, Designation and Comment of the Government Authorities Approached
LCW contacted NICE Managing Director Ashok Keney, who refused to comment citing confidentiality of the matter.
Corporate Parties Involved in the Conflict:
Nandi Infrastructure Corridor Enterprises Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Environment Support Group, Janata Dal (Secular), Bharatiya Janata Party
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?
Soumik Dutta is a former Sikkim correspondent of UNI and a freelance journalist for www.100r.org, a US-based investigative journalism portal. He has graduated in economics from Kolkata University and has a Master’s degree in journalism and mass communication. He specialises in investigative stories covering land, environment and energy, in addition to human rights issues.
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