Himachal Pradesh
Saraj Majra, Shitalpur, Kalyanpur, Chak-Jangi, Landewal, Kenduwal, Billanwali Gujran, Haripur Sandholi and Sandholi villages
,
,
Solan
Published :
Aug 2016
|
Updated :
Farmers Agree to Revised Compensation for Their Land for Chandigarh-Baddi Rail line in Himachal
Reported by
Bimla Vishwapremi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2016
Year started
34
Land area affected
Households affected
People Affected
2016
Year started
34
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The construction of the Chandigarh-Baddi railway line had become a cause for unrest among farmers in Himachal Pradesh as the farmers did not agree to the compensation rate offered. 
A three-kilometre stretch of the 28 km railway line would be in Himachal Pradesh, and the remaining in Haryana. In the Solan district, farmlands from nine villages, measuring 33.75 hectares, was to be acquired in the Baddi industrial area.
In 2016, the Northern Railway released its share of the fund, which initiated the land acquisition process, as per a news report. However, the farmers were demanding Rs 1 crore per bigha (0.16 ha) as compensation. 
As per a news report, in July of the same year, the farmers were offered a rate of “four times the prevailing circle rates” for the land acquisition. The Sub-Divisional Magistrate of the Nalagarh division arrived at this decision in the negotiation committee he was chairing. He arrived at a figure of Rs 4.5 lakh to Rs 54 lakh as the price of the land. At the time, the SDM stated all villages except Kenuwaal had given consent, whose circle rates would revise after review.
However, the affected farmers refused to accept the compensation offered. 
In August 2019, the Principal Secretary (Transport) appointed SDM of Nalagarh as the component authority for the project. The project was also classified as a “special railway project”. 
In October, the Ministry of Railways finally issued a notice for land acquisition for the project after a delay of four years. According to a news report, it gave the landowners 30 days to raise objections with the compensation with the competent authority. 
As per another news report, the authorities set the target of April 2021 to compensate the affected farmers would receive compensation. The report stated that the competent authority was in the process of finalising the compensation rates for each village separately, after which the ministry would approve the decided awards. It was as per the prevailing circle rates and average rates, whichever was higher. In February, the Ministry of Railways released an amount of Rs. 100 crore for starting the project. 
Subsequently, in April, the land acquisition process was completed in the nine villages, stated a news article

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

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

Project underway despite protests

Original Project Deadline

2024

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

90

Type of investment:

Year of Estimation

2007

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

April 2021

Why did the conflict end?

Community's original demands were met

The compensation process was completed in April 2021. It was after new rates were decided for land acquisition, based on whether the circle rate was higher or the average rate was higher. There are no reports available about continued protests or complaints about the compensation rate.

4
Additional Information

Government Departments Involved in the Conflict:

Northern Railways Authority - Ministry of Railways, Government of Himachal Pradesh, Revenue Department of Himachal Pradesh

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:

Farmers

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
Bimla Vishwapremi
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

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

Project underway despite protests

Original Project Deadline

2024

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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