In 2019, more than a decade after the Vallarpadam eviction for the port, around 280 out of the 326 families still await rehabilitation under the Moolampilly rehabilitation package. According to a report, the rehabilitation sites lack construction permission as the municipal administration cites Coastal Regulation Zone violation. In 2005, the then Prime Minister Manmohan Singh laid the foundation stone of the Vallarpadam International Container Transshipment Terminal, India's first such cargo hub. Around 326 residents of Moolampilly, Mulavukad, Kothad, Cheranallor, Vaduthala, Kalamassery, Eloor, Manjummal and Edappally were asked to forfeit their land for the rail road connectivity to the port. The land was to be acquired under the Land acquisition act, 1894, a colonial legislation which had no rehabilitation clause. Furthermore, the families were promised meagre compensation, due to which they refused to part with their land. Despite their refusal, the government in Febrary 2008 went ahead and forcefully evicted 10 families, without assuring any compensation. The residents protested against the government move which led to formation of the Moolampilly coordination committee. The committee tasked to come up with a rehabilitation package, announced in 2008, about the Moolampilly rehabilitation package. The package included a promise of a job for 1 member of each family and 4.5 to 5.5 cents of land to each evicted family. The package also included a rental allowance of Rs. 5,000 per month for those evicted. The state government had also agreed to pay a compensation of Rs. 75,000 for piling work required at the construction site. A Kerala High Court order issued by Justice Pius C Kuriakos dated 2 July, 2008 extended these benefits to all 326 families. In the same year, the Kerala high court commissioned a people's inquiry commission headed by Justice K Sukumaran. In its first visit to Moolampilly on 6 May 2009, the 5member commission found that the displaced families where left to deal with the cruel limitation of living space and lack of basic amenities including a protective roof or privacy. In 2011, when the commission visited again, it observed that the families, have lost hope in the goodness of civil society and that only four families were rehabilitated out of the 326. It has been reported that the nonrehabilitation of the families have reduced them to a subhuman existence, as the promised land still eludes several beneficiaries. Even those who have been rehabilitated are living in miserable conditions. Six out of the seven rehabilitation sites are marshy and requires landfilling. A Public Works Department (PWD) report dated 28 October, 2018 had claimed that the plots allotted to 169 families in two localities in Thuthiyoor village are water logged and that landfilling in these sites was done by dumping debris. In October 2019, the evicted families marched to the Public works department resthouse to voice their grievances. The people's inquiry commission headed by Justice K Sukumaran held a sitting with 60 families and have promised to "complaints and recommend actions to be taken to see a proper rehabilitation."
Demand/Contention of the Affected Community
Demand for promised compensation
Demand for rehabilitation
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?
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):
₹
3500
Type of investment:
Cost of Project
Year of Estimation
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws
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.
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:
Non-rehabilitation of displaced people
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)
Kerala High Court
Case Number
W.P.(C).4834/2008, 37570/2007, 161/2008, 4728/2008, 4834/2008,5380/2008, 11556/2008 & 11556/2008
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
District Collector, Ernakulam
PSUs Involved in the Conflict:
National Highway Authority of India, Vallarpadam International Container Transshipment Terminal (ICTT)
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Vallarpadam International Container Transshipment Terminal (ICTT) , DP World
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Solidarity Youth movement, KCYM, Kerala State People Protection Forum, Moolampilly Coordination Commitee
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?
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