Compensation to Karnataka Farmers Stuck for 15 Years in Ring Road Project

Reported by

Tamanna NaseerLand Conflict Watch

Last updated on

October 7, 2021

Location of Conflict

Sulikunte

Madanayakanahalli, Hanumantha Sagara, Kuduregere, Byalakere

Bengaluru Rural

Reason or Cause of Conflict

Roads

(

)

People Affected by Conflict

647

Land Area Affected (in Hectares)

70

ha

Starting Year

2005

State

Karnataka

Sector

Infrastructure

The 65kilometrelong Peripheral Ring Road (PRR), which will connect Tumkur and Hosur Road in Bengaluru, was proposed to reduce traffic congestion in the city, but the project has been delayed by 15 years. The initial notifications of land acquisition for the project were issued on September 29, 2005, and January 15, 2006, and the final notification was issued on June 29, 2007. The project would require 172 acres of private land, passing through 67 villages. However, due to frequent changes in the road alignment and delay in the completion of the acquisition process, the project has been held up. Those who stand to lose their land have demanded that the compensation should be paid as per the current market value and by duly following the LARR Act, 2013. Some land owners, who were unable to either sell or build on their land for over 15 years due to the issue of notification have demanded additional compensation. Many people affected by the project have boycotted the survey procedure, even though they are supposed to be present when government officials conduct surveys of their land. They believe the road construction will get delayed further and they are unlikely to receive any compensation in the near future. The Karnataka Rajya Raitha Sangha organised several protests against the land acquisition and delay by blocking roads, demonstrating in front of the BDA office and submitting memorandums to political representatives, including Chief Minister B.S. Yeddyurappa. We do not have faith in politicians and officers. This project will not be completed soon, and we will not get the compensation we deserve. We want our land back. My family has struggled without this land for so long; we could have sold it and used the money for our expenses, Gopal Reddy, a land owner, told LCW. Due to multiple changes in the alignment, they (government) did not pay anybody (land owners). They could have paid all the farmers, they could have deposited the money in an escrow account in court, but they did not do that. The BDA is wholly and solely responsible for the project cost escalation, another affected person, who wishes to remain anonymous, told LCW. She added, Even in the last protest held in February 2020, all the farmers were asking the BDA the compensation rate, but the officials are not clear themselves. Some land owners even requested for a No Objection Certificate (NOC) from the BDA as they want to sell their land and not wait for the compensation and project completion. But special land acquisition officer N.R. Umesh Chandra told LCW that an NOC cannot be issued once a final notification to acquire the land has been issued. The earlier guidance value (minimum value below which no property transaction can take place) is low. We want to pay as per the 2019 guidance value. The final decision on when the amount will be paid will be taken by Septemberend after a few meetings, he added. It was later decided that land losers will be paid according to the guidance value of 20192020. However, the decision is not final, and the state government is yet to give its nod on the matter.

Demand/Contention of the Affected Community

Demand for more compensation than promised, Refusal to give up land for the project

Region Classification

Rural

Type of Land

Private

Type of Common Land

Total investment involved (in Crores):

20000

Type of investment:

Revised Investment

Year of Estimation

2020

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Environmental Laws, Other

Legislations/Policies Involved

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

    Section 26 [Lists the criteria for assessment and determination of market value of land by the collector]; Section 27 [Determination of amount of compensation]; Section 28 [Lists parameters to be considered by Collector in determination of award]; Section 29 [Determination of value of things attached to land or building]; Section 77 [Payment of compensation or deposit of same in Authority]

  2. Environmental Impact Assessment Notification, 2006

    Para 7(f) [Requirement to seek a prior environmental clearance to implement the project]

  3. Bangalore Development Authority Act, 1976

    Section 17(1) [When a development scheme has been prepared, BDA shall draw up a notification with a statement specifying the land that is proposed to be acquired]; Section 18(3) [A scheme formulated may only be carried out where sanction has been accorded to the scheme by the government]; Section 19(1) [Upon sanction, declaration to be published giving particulars of land to be acquired]

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:

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Supreme Court of India, High Court of Karnataka

Case Number

Civil Appeal No. 2566 of 2019, WP 4550 of 2008

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

Protests/marches, Boycott of official procedures/non-participation in official processes, Complaints, petitions, memorandums to officials , Blockades

Government Departments Involved in the Conflict:

Bangalore Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

LCW interviewed N.R. Umesh Chandra, special land acquisition officer. LCW: Some land losers are against the project and want a No Objection Certificate (NoC) to sell their land. Is it possible? Has the rate for compensation been decided? Chandra: Two initial notifications for the project were issued in 2005 and 2006, and a final notification to acquire land was issued in 2007. Once a notification is issued, we cannot issue a No Objection Certificate for any commercial transaction on the land. The earlier guidance value is low. We want to pay as per the 2019 guidance value. LCW: By when will the land losers get compensation? Chandra: The final decision on when the amount will be paid will be taken by September-end after a few meetings.

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

Tamanna Naseer

Reviewed By

Tamanna Naseer

Updated By

Tamanna Naseer

Edited By

Tamanna NaseerLand Conflict Watch
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