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Published on
October 6, 2016
May 10, 2024
Edited on
May 10, 2024
October 6, 2016
The National Highways Authority of India (NHAI) had signed an agreement for four-laning the 125 km-long highway between Patna and Buxar with Gammon India in February 2012. While the work was estimated to be completed within 30 months, Gammon failed to even commence work on the project, and consequently the NHAI terminated the agreement. Further, hurdles in land acquisition led to a seemingly indefinite delay in the construction of the project until 2017. Farmers who had willingly given up their land for the acquisition have been demanding fair compensation.
In their writ petitions filed in the high court in Patna in 2013, 2014 and 2018, the farmers have alleged violation of the Land Acquisition Act, 2013, and the National Highways Act, 1956, in disregarding the consent of the farmers for land acquisition, along with delay in and inadequate payment of compensation. The farmers are eligible to receive compensation for their lands at the commercial rate, but the land acquisition department is allegedly intent on providing compensation at the agricultural rate, which is considerably lower.
Having organised themselves under the banner of Land Acquisition NH-84 Sangharsh Samiti, many farmers have protested by organising marches and dharnas. In a backlash, several farmers have been harassed by zonal officers and even threatened with legal action.
In 2019, the process of land acquisition was operational in 42 villages in Buxar, with only few farmers having received compensation. Many farmers had refused compensation as protest. In 2020, local media reports noted the presence of cracked roads in the highway and the overall lack of quality maintenance.
Farmers appealed under arbitration in the court of the Divisional Commissioner in 2021. Divisional Commissioner Sanjay Kumar Aggarwal determined a new rate and directed the district administration to pay the farmers in their bank account. The farmers said that the Land Acquisition Department employees harassed them by citing technical difficulties in giving them the compensation amount.
In 2022, the High Court took cognizance of the delay in the four-lane construction, following which, the Land Acquisition Officer deposited the compensation amount of Rs 48 crore for the land acquired for the construction of Buxar-Ara-Patna four lane in the Civil Court, Ara.
In November 2022, Union Minister for Road Transport and Highways Nitin Gadkari inaugurated the 92-km stretch of the Patna-Buxar Highway -- Koilwar to Bhojpur section and Bhojpur to Buxar section -- built at a cost of Rs 3,390 crore.
For 33-km-long stretch of the Patna-Buxar four-lane highway, the NHAI has started work on constructing a new three-lane bridge, a new greenfield four-lane road from the existing Ballia-Ghazipur highway northwards near the villages of Kanuvan and Pandey Ka Pura. The authority is also carrying out work on foot overbridge, railing, service road and street lights.
As of April 2024, majority of the farmers have received the compensation. However, a section of the farmers were still upset with the compensation amount.
Demand for more compensation than promised
Complaint against procedural violations
Urban
Common and Private
Forest and Non-Forest
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?
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 completed
Original Project Deadline
2020
Whether the Project has been Delayed
Yes
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):
₹
3390
Type of investment:
Revised Investment
Year of Estimation
2012
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Other
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.
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:
Controversial land acquisition by the government
Incorrect estimation of compensation
Delay in compensation
Violation of free prior informed consent
Non-payment of compensation/promised compensation
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bihar at Patna
Case Number
Patna High Court CWJC No.20708 of 2013, CWJC No.18918 of 2012, CWJC No. 23137/2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Several farmers have been harassed by the zonal officers and even threatened with legal action.
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Refusal of compensation
Development of a network or collective
Protests/marches
Government Departments Involved in the Conflict:
Road Construction Department
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:
Gammon India Limited, PNC Infratech Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Farmers, Land Acquisition NH-84 Sangharsh Samiti
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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