Karnataka
Mache
,
Halaga
,
Belagavi
Published :
Jun 2020
|
Updated :
NHAI Forcefully Acquires Agricultural Land of Farmers in Karnataka for Halaga-Machhe Bypass
Reported by
Soumik Dutta
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2011
Year started
65
Land area affected
Households affected
People Affected
2011
Year started
65
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Farmers in Karnatakas Belagavi district have been protesting against the proposed 12.5kilometre HalagaMachhe bypass that will pass through fertile farmlands in Halaga, Belagavi, Old Belagavi, Vadgaon, Shahapur, Angol, Majgaon and Macche villages. The project was initiated by the National Highways Authority of India (NHAI) to ease vehicular traffic, particularly heavy vehicles going to Goa, passing through Belagavi city. A notification to acquire 135 acres of land for the project was issued in 2011. In January 2019, a second notification was issued to acquire another 25 acres of land. By then, NHAI officials had already commenced work. The farmers allege that the NHAI did not complete the necessary legal procedures before acquiring their lands. They have complained that despite the availability of an alternate route to construct the bypass, the NHAI deliberately targeted private farms. On May 10, 2019, a group of farmers protested at the district commissioners office, alleging that the government was taking the help of the police to forcefully acquire fertile lands. They also threatened to commit suicide if the NHAI continued work on their fields. Surekha S. Balekundri, one of the protesting farmers, told the media that acquiring their land was akin to slow poisoning them. The farmers also allege that NHAI officials were trying to persuade them to accept compensation and give up their land. We have not been informed and no notices were issued to us before transferring rights of our lands to the NHAI. By doing so, the officials are trying to give an impression to the court that the farmers are ready to give away their land for a hefty compensation, Raju Marve of the** Sheti Bachav Samiti, a peasant organisation, told a newspaper.** LCW spoke to NHAI Project Director J. Eligar in 2020, who refused to comment on the issue as the matter was sub judice and suggested the researcher to speak to the assistant commissioner of Belgaum, Ashok Dudagunti**. **When LCW got in touch with Dudagunti, he refused to divulge adequate information. When prodded further, he said that survey number 50 of the proposed project area was under court order and that the rest of the land acquisition was complete.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

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?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Revenue Department Services, National Highways Authority of India

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

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
Soumik Dutta

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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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

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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