Sikkim
,
Yangyang
,
South Sikkim
Published :
Jun 2017
|
Updated :
Sikkim University Campus Hits Roadblock, Displaced Families Allege Irregularities in Compensation, Employment
Reported by
Anuradha Thapa
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
200
People affected
2013
Year started
121
Land area affected
Households affected
200
People Affected
2013
Year started
121
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Education
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Education
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Sikkim University was established on July 2, 2007, but it did not have a permanent campus of its own. In 2008, the university paid INR 15 crore to the state government to acquire around 300 acres of land at Yangyang in south Sikkim to build a campus. In addition to being offered employment in the university and resettlement in _pucca _houses, the displaced individuals were to be paid compensation for the land acquisition, which was to be paid in three phases. The award of compensation was mired in controversy. It was claimed that the individuals who were paid in the first two phases belonged to financially sound backgrounds and had political connections, while those who were paid in the third phase received a lesser amount than those in the first two phases. On July 27, 2013, the state government provided plots of land to 74 families and served an eviction notice on July 30, directing them to move in 15 days. The residents, however, claimed that the land given was too small to cultivate. The recruitment process too was allegedly ridden with intentional irregularities to keep the affected people in the dark. While the university refuted claims of promised employment, it allegedly did not advertise recruitment in the nonteaching category widely enough for the affected individuals to apply. The residents of Yangyang claimed they were unaware of vacancies being announced and filled. In 2012, the Sikkim University Development Committee, an organisation of affected Yangyang landowners, decided to challenge the recruitment process using the Right to Information Act. The move, however, was not fruitful. When the case was eventually taken to court, a fixed amount of compensation was set, which was much below than what was offered in the first two phases. Meanwhile, the Sikkim University Students' Association has been demanding immediate construction of the university campus. In April 2018, it organised a pendown protest reiterating its demand. The protest was eventually called off after Sikkim University authorities submitted a written assurance of constructing the campus within three years. While the state claims to have completed the compensation process, the affected families are far from satisfied with what they have been compensated with.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for employment

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Non-Forest (Grazing Land)

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):

1600

Type of investment:

Investment Expected

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:

Land Revenue and Disaster Management Department, Sports and Youth Affairs 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:

Sikkim University and State Governent

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
Anuradha Thapa
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for employment

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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