Bihar
Bhojpur district
,
Buxar
,
Buxar
Published :
Oct 2016
|
Updated :
May 10, 2024
Bihar Farmers Demand Fair Compensation for Patna-Buxar Highway Widening Project
Reported by
Alok
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
500
Households affected
2400
People affected
2012
Year started
557
Land area affected
500
Households affected
2400
People Affected
2012
Year started
557
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

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.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

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?

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?

4
Additional Information

Government Departments Involved in the Conflict:

Road Construction Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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

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
Alok
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

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

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

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