Maharashtra
Palghar
,
Mumbai
,
Mumbai
Published :
Jun 2019
|
Updated :
Opposition to Land Acquisition for Mumbai-Ahmedabad Bullet Train Project in Maharashtra
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
15000
Households affected
72000
People affected
2017
Year started
353
Land area affected
15000
Households affected
72000
People Affected
2017
Year started
353
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

The Ahmedabad-Mumbai High Speed Rail corridor, or bullet train project, was inaugurated by Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in Ahmedabad, Gujarat, in September 2017. The project has been facing protests ever since.
On May 17, 2018, nearly 1,000 tribal farmers held a protest in Mumbai's Azad Maidan against land acquisition for the project by the Maharashtra government. Farmers from Raigad, Thane, Nashik, Vidarbha, Konkan, Palghar, Dhule, Jalgaon, Dahanu, Gadchiroli and Nandurbar had gathered in the protest. Their primary demand was that the government should repeal a notification issued by the state governor in November 2017, which diluted the role of the Village Assemblies (gram sabhas) in infrastructure projects. This notification took away the land rights of the tribals guaranteed under the Panchayats (Extension to Scheduled Areas) Act, 1996, which ensured self-governance through Village Assemblies for people living in Schedule V areas.
During the protest, farmers in Thane and Palghar districts argued that the National High Speed Rail Corporation (NHSRC) officials had begun conducting surveys of their land without considering their consent, despite the other Village Assemblies unanimously refusing to give away land for the project.
In February 2019, the project received the wildlife clearance, which allowed it to encroach upon the Thane Creek Flamingo Sanctuary (TCFS) and the Sanjay Gandhi National Park in Mumbai. The project involves diverting 3.2 hectares of forestland from the TCFS and 97.5 hectares of land close to the boundary of the national park. Throughout the state, the project would require land to be acquired from 108 villages.
As per a report on June 2019, the Maharashtra government planned to invoke Section 96 of the Maharashtra Regional and Town Planning Act, 1966, to compulsorily take over the remaining land for the project, which is stuck after the local people objected to a price-based, private negotiation acquisition earlier.
The state government also plans to put in place a new compensation policy for land owners, giving up to four times the existing land rate in rural areas and twice that of the existing rate in urban areas.
The original deadline to start the bullet train service was 2023 but it was later advanced by a year to August 15, 2022, to mark 75 years of India's independence. Due to the Covid induced lockdown, the land acquisition has been delayed, as per the Railway Board. In September 2022, the Indian government told Japan that tenders for electrical and signalling systems will be floated without any further delay as all pending land related issues related to the project have been resolved. The project is now scheduled to be completed on Gujarat side by 2027, and on the Maharashtra side by 2029.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common and 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):

100000

Type of investment:

Cost of Project

Year of Estimation

2008

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:

Ministry of Environment, Forests and Climate Change, Ministry of Railways

PSUs Involved in the Conflict:

National High Speed Rail Corporation Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Japan International Cooperation Agency

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

locals

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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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