Uttarakhand
,
Kashipur
,
Udham Singh Nagar
Published :
Sep 2016
|
Updated :
Landless Farmers in Uttarakhand Demand Land in Escort Farms
Reported by
Tarun Joshi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
720
People affected
1955
Year started
471
Land area affected
Households affected
720
People Affected
1955
Year started
471
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Upon independence, the new administration released lands held by the colonial government under various schemes to Hari Chandra Singh, the king of Kashipur, Nainital. The returned lands aggregated 2,688 acres - 597 acres in Bhagwantpur village, 264.36 acres in Ramnagar village, 1,022.64 acres in Kundeshri village and 804 acres in Dearhivakil village. Of this, the king took a hereditary lease of the 597 acres in Bhagwantpur and the remaining 2,091 acres were leased to M/s Ramgarh Farms and Industries Ltd., currently known as Escort Farms Limited. However, soon the U.P. Zamindari Abolition and Land Reforms Act, 1950, and U.P. Imposition of Ceiling on Land Holdings Rules, 1961, were imposed. Uttarakhand was then part of Uttar Pradesh or the United Province. According to the ceiling law, no one could own more than 11 acres of agricultural land, and if such land was found to be occupied, then the government needed to acquire the surplus land and distribute it among the landless people. Escort Farms is a huge agricultural farm with some 1,163 acres of surplus land. More than 150 dalit farmers had been living in this area since before independence, but they never got any land rights despite repeated demands. The Delhi-based non-profit, Social Development Foundation, filed a public interest litigation in 2010 in the Uttarakhand high court, which directed the government to distribute the land according to the Land Reforms Act of 1950. Following this judgment, the government gave some part of the land to the State Industrial Development Corporation of Uttarakhand Limited for industrial purpose and some land to the Indian Institute of Management for educational purpose. However, 409 acres of land is still available for distribution among the landless. The government made a list of 60 people who were landless, but according to a field study by LCW, there are more than 100 landless people who have not made it to the government list._ _ In 2016, Bharatiya Kisan Union (BKU) held a protest demanding the state government to give land rights to the landless farmers based on a discussion between BKU and the state in 2006. But there has been no progress. Meanwhile, a 2017 news report mentioned that the state-led projects for which land was allocated have not found any investors yet. In 2019, the Uttarakhand high court heard another petition of illegal land sale in Escort Farms. The matter is currently being heard.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

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):

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:

Board of Revenue Uttarakhand

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:

Escorts (Agricultural Machines) Ltd.

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Social Development Organisation, Uttarakhand Bhoomiheen Sangharsh Samiti

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
Tarun Joshi
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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

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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