The construction of the 144.7 Km long Jalandhar-Moga-Barnala National Highway-71 (NH-71) started in 2016. The project soon drew media attention as it is likely to uproot 22,700 trees. The project was expected to affect more than 10,000 people** **whose agricultural land, commercial and residential properties were acquired for this project in Jalandhar, Moga and Barnala districts. In April 2016, affected community members staged a protest by blocking the Moga-Barnala NH-71.
In the same year, an application was also filed in the National Green Tribunal (NGT) by Dr. Amandeep Aggarwal and the Peacock Environment and Wildlife Protection Society, a civil society organisation. The applicants sought a direction to the State government for preventing tree felling for road widening projects. While their application was with reference to the Zirakpur-Bhatinda expressway only, the NGT directed that the state government could undertake further tree felling only after seeking prior permission from the NGT. This translated into halting of the widening of NH-71 project. The Punjab government approached both the Supreme Court and the Punjab High Court regarding this issue. The Supreme Court delivered its order in 2016, while the High Court in 2017. Both courts cleared the tree felling activities for the widening of NH-71.
LCW visited Moga in August 2022 and found that the residents of Machike village, one of the affected villages, continue to suffer because of the highway. The village residents claim they have been protesting at NH-71 site since the last eight months. They are concerned about the way in which they have been deprived of basic necessities due to the widening of the highway.
Satnam Singh an affected villager, told LCW that the highway has divided the village into two parts. On one side, the village is elevated at a higher level, while the other side remains at a lower level. This results in water logging in the lower side of the village in the absence of adequate rainwater drainage mechanism in place, impacting everyday commute. Further, Satnam noted that important spaces such as the village Gurudwara and the Shamshaan Ghat (cremation ground) were inaccessible because of the construction. The highway has impacted lives of children as well as they are unable to go to the village school from one side to the other. According to Satnam, the division of the village into two halves also makes it hard for them to access water sources.
Their main demand is that an over-bridge be constructed to connect the two sides of the village. Currently, state officials have arranged for them a makeshift stairs for this purpose. It is however failing to fulfil the needs of the village residents. This demand has been placed before the authorities since 2017 and relevant records such as a mang pattar** **exist with the residents of the village. Even basic transport facilities have been taken away from the villagers as a result of this highway as the village bus stand is not accessible anymore. The protestors feel the project reflects poor planning and inconsiderate behaviour of relevant authorities towards the residents of such villages.
Demand/Contention of the Affected Community
Demand for better access to common land/resources
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
Non-Forest (Other than 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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
"Agricultural land, Residential area", Water bodies, Religious/Sacred/Cultural value
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
2000
Type of investment:
Cost of Project
Year of Estimation
2015
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Supreme Court, High Court of Punjab and Haryana
Case Number
O.A. 161-162 of 2016 (NGT), Civil Appeal D No.33942 of 2016 (Supreme Court), CWP 3732/2019 (High Court)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Deputy Commissioner, Patwari, Sub Divisional Magistrate, District Revenue 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:
Patel Infrastructure Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Pendu Khet Mazdoor Union, Kertu Kisan Union
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?
Gurfateh graduated from the National Law School of India University, Bangalore, in 2022 and is enrolled at the Punjab & Haryana Bar. He currently works at the chambers of Adv. Shri Singh and practices before the Supreme Court, Delhi High Court and Trial Courts in Delhi, on matters concerning criminal and constitutional law.
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