Budgam Farmers Demand Compensation under LARR Act for Srinagar's Ring Road Project

Reported by

Rabiya BashirLand Conflict Watch

Last updated on

May 24, 2021

Location of Conflict

Ichgam, Gund-e-Kuzwera, Wathoora, Jawaharpora, Dharmuna and Waterwani villages

Budgam

Reason or Cause of Conflict

Roads

(

)

People Affected by Conflict

Land Area Affected (in Hectares)

192

ha

Starting Year

2017

State

Jammu and Kashmir

Sector

Infrastructure

The Jammu and Kashmir administration is in the process of acquiring close to 600 acres of land for the 62kilometre Srinagar Semi Ring Road highway connecting Pulwama and Ganderbal via Budgam. The ring road will pass through Pampore, Wathoora, Budgam, Dharmuna and Narbal in Srinagars western outskirts in Rambir Garh and enter Ganderbal after crossing the SrinagarBandipora road. In districts like Pulwama and Srinagar, the authorities could quickly complete the land acquisition proceedings for the project as the affected farmers were not high in number. But farmers in Budgam are not happy with the compensation offered by the government. They have organised themselves under the banner of Ring Road Land Owners Welfare Committee and have been demanding fair compensation since 2017 onwards, when the project was announced. It was inaugurated by Prime Minister Narendra Modi on May 19, 2018, in Srinagar. The entire stretch of the ring road will be constructed on fertile agricultural land. Budgam district alone will lose more than 400 acres** **of its farmland. The government had issued a notification for land acquisition in 2017. At that time, the Central Land Acquisition Act of 2013 was not applicable in the state. Hence, the notice was issued under the erstwhile Jammu and Kashmir Land Acquisition Act of 1934. However, after the abrogation of Article 370, the famers in Budgam are demanding compensation under the LARR Act, which was extended to Jammu and Kashmir after the dilution of its special status. Under this Act, the land owners are entitled to more compensation than they were under the 1934 law. In August 2019, 36 land owners from Budgam approached the Jammu and Kashmir high court and requested for fresh land acquisition proceedings. They petitioned that during the pendency of proceedings, the status of Jammu and Kashmir had changed from a state to a Union Territory, which makes them entitled to compensation under the LARR Act. District Development Commissioner, Budgam, Tariq Hussain Ganaie told LCW that they are looking into the land acquisition cases in Budgam district. "We have also recently chaired a meeting of officers to review the progress of the ring road project in the district." According to the detailed project report, the ring road will be completed in two phases: Phase I will cost INR 1,195 crore and Phase II will cost INR 448 crore.

Demand/Contention of the Affected Community

Demand for more compensation than promised

Region Classification

Rural

Type of Land

Private

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

1643

Type of investment:

Revised Investment

Year of Estimation

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws

Legislations/Policies Involved

  1. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

    Section 24(2): [The land acquisition under the 1894 Act will have lapsed if possession of land is not taken within five years of the acquisition award]; Section 26: [Determination of the market value of the land by the collector]; Section 27: [Determination of the amount of compensation payable]

  2. Jammu and Kashmir Land Acquisition Act, 1934

    Section 11-B: [The district collector needs to make an award within two years of the declaration that the land is required, else the whole acquisition proceeding lapses]

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?

No

Legal Processes and Loopholes Enabling the Conflict:

Use of old/outdated laws , Incorrect estimation of 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 Jammu and Kashmir

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Complaints, petitions, memorandums to officials

Government Departments Involved in the Conflict:

Collector (land acquistion), Budgam; Assistant Accounts General (Revenue); National Highways Authority of India

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

District Development Commissioner, Budgam, Tariq Hussain Ganaie told LCW that they are looking into the land acquisition cases in Budgam district. "We have also recently chaired a meeting of officers to review the progress of the ring road project in the district."

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

N/A

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Rabiya Bashir

Reviewed By

Rabiya Bashir

Updated By

Rabiya Bashir

Edited By

Rabiya BashirLand Conflict Watch
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