West Bengal
Thiknikata and Porajhar villages
,
Kawakhali
,
Darjeeling
Published :
Sep 2016
|
Updated :
West Bengal Government Starts Returning Land Illegally Acquired from Kawakhali Farmers
Reported by
Mitali Biswas
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
52
People affected
2005
Year started
5
Land area affected
Households affected
52
People Affected
2005
Year started
5
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On the outskirts of Siliguri, where a proposed township was to come up, 52 land owners from Kawakhali village are demanding their land back from the Siliguri Jalpaiguri Development Authority (SJDA), a subsidiary organisation under the West Bengal government. In 2005, the SJDA had acquired 302 acres of land in Thiknikata, Kawakhali and Porajhar villages. At the time of the acquisition, 52 of 1,700 land owners had refused to give away their land, but their land was forcefully acquired. The dissenting land owners, farmers by occupation, declined the compensation offered and organised protests to mobilise support to win back their land. According to them, the authorities used misleading tactics and took away their land by terming it fallow. On November 27, 2017, the Press Trust of India reported that the state had decided to return the land back to all 52 land owners.  On May 16, 2019, LCW contacted the SJDA via telephone for an update and was directed to the executive engineer, who said that the process of returning the land had got delayed but had started. When asked about the number of people who had received their land so far, they were unable to give a clear number. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Urban

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):

9

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

November, 2017

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Left goverment, Siliguri Jalpaiguri Development Authority (SJDA)

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

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:

Trinamul Congress

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
Mitali Biswas

Mitali has previously worked as a freelance journalist for Doordarshan. She has directed and produced documentaries themed on sexual violence against women and the peasant movement at Bhangar in West Bengal. She has also co-directed SD, an investigative biography on slain Naxalite leader Saroj Datta. She is currently in the editorial board of Protibidhan, a Bengali magazine dedicated to women’s movements.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Refusal to give up land for the project

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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