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Farmers Affected by Jewar Airport Demand Rehabilitation

Reported by

Nupur Sonar

Legal Review by

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Saumya Srivastava

Published on

January 29, 2020

November 30, 2023

Edited on

November 30, 2023

January 29, 2020

Sector

Infrastructure

Reason or Cause of Conflict

Airport

Starting Year

2017

Land Area Affected (in Hectares)

5000

ha

Households Affected by Conflict

4281

People Affected by Conflict

20549

State

Uttar Pradesh

Sector

Infrastructure

People Affected by Conflict

20549

Households Affected by Conflict

4281

Land Area Affected (in Hectares)

5000

ha

Starting Year

2017

Location of Conflict

Jewar

Gautam Buddha Nagar

Reason or Cause of Conflict

Airport

Land Conflict Summary

At least 800 farmers affected by the upcoming Jewar airport in Gautam Buddh Nagar have been protesting against the loss of land, livelihood and inadequate compensation since 2017. Their main dissent is a government notification changing the status of the proposed site from rural to urban. This legally halves the compensation amount as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, under which compensation is two times the market rate for urban land and four times the market rate for rural land. “The notification of the area from rural to urban, months before the acquisition started, is the greatest injustice to the farmers,” Sunil Fauji, who is associated with the Kisan Ekta Sangh, told Land Conflict Watch.

The airport will be spread across 5,000 hectares and will be built in four phases on a public-private partnership basis. In the first phase, 1,328 hectares from across eight villages is being acquired to build two runways and is expected to be completed by 2023. The airport aims to reduce the load on Delhi’s Indira Gandhi International Airport and with a proposed six to eight runways, will be India’s largest once it is fully operational.

Although the airport has been in the pipeline since 2001, it did not get clearance due to a clause in the Civil Aviation Ministry guidelines for greenfield airports, which placed restrictions on building a civilian airport within 150 kilometres of an existing one. The NDA government relaxed this norm in 2016, and the project was cleared in 2017.

According to media reports, two days after the government issued a notification for land acquisition on October 30, 2018, several farmers filed affidavits with the district magistrate revoking their consent. “We were told by the tehsildar while signing the consent forms that we could revoke it at a later date. Section 11 has been invoked (laying down the procedure for issuing notification for land acquisition), but we still don’t have any compensation or rehabilitation details on paper. We were misled when they needed our consent,” said Tejpal Singh, a farmer, in an interview to News 18.

“In December 2018, the government simply added eight villages from where land is being acquired to a 2015 notification changing the nature of 80 villages. When 93 per cent of the revenue sources in the area are from agriculture, how can the area be notified from rural to urban? This violates Article 243 Q of the Constitution (the Article lays down the procedure for declaring an area urban),” said advocate Gautam Upadhyay in an interview to LCW. The petitions are currently being heard.

In February 2019, several farmers filed another petition at the Allahabad High Court demanding four times the compensation. They alleged that the acquisition process violates the LARR Act and that they were not given copies of the Social Impact Assessment. They also alleged that the area earmarked for the project was rural farmland that was notified as an urban area in 2015 but that its circle rate was not revised as per the urban sectors. Their petition was rejected by the Allahabad High Court in April 2019, clearing the way for land acquisition.

Protests against the project have continued despite the court’s ruling. According to media reports, in September 2019, 47 farmers were arrested as they proceeded to lay siege to the Jewar toll plaza. Three more petitions were filed at the Allahabad High Court in May, October and November 2019 challenging the validity of the government notification that changed the nature of the land from rural to urban and seeking higher compensation.

According to media reports, even as the cases are in court, the district administration has issued notices to the farmers over their refusal to hand over land. They have also been asked to discontinue agriculture. Farmers have protested against this and have urged all fellow farmers to continue farming.

On January 27, 2020, protesting farmers clashed with the police when the latter tried to remove them from the protest site. The farmers pelted stones and shouted anti-government slogans. They also damaged the bus in which the police had arrived, in addition to a dozen other vehicles of the district administration.

In June 2020, it was reported that the Uttar Pradesh government will start notifying the land in Jewar Bengar village to rehabilitate approximately 3,600 project-affected families. They will be rehabilitated on 50 hectares of land in the village, whose native 592 families will have to give up farming and animal husbandry to make way for the rehabilitated families.

Additional District Magistrate (land acquisition) Balram Singh said in a media report, "A number of these 592 families do not have a permanent house in Jewar Bengar but have been carrying out farming in the area for decades. They have submitted objections and suggestions that have been considered." The Gautam Budh Nagar district administration has asked officials to proceed with the land acquisition and to compensate the natives of Jewar Bengar with two times the circle rate of land.

Among the 592 families, around 122 of them do not own any land and are more prone to losing their livelihood. According to a news report, the farmers say they will not give up possession of their land until full compensation is paid. The administration has said it will address their grievances before proceeding.

Meanwhile, in an Order dated August 25, 2020, the special secretary to civil aviation, Surendra Singh has asked the district magistrate to revise the compensation based on the LARR 2013 as per the definition of rural population.

However, villagers claim that the compensation has not been revised. Furthermore, members of Jewar Airport Sangharsh Samiti said to LCW that they have filed a PIL in Allahabad High Court seeking rehabilitation claiming that residents of six villages have been forcefully evicted even as the construction of the rehabilitation colonies are yet to be finished. Singh said that several families among the affected people are living in makeshift tents as there houses are demolished.

On July 6, 2023, Chief Minister Yogi Adityanath-led Uttar Pradesh government issued a notification to carry out the 'social impact assessment' (SIA) for acquisition of another 2,053 hectares of land for the third  for the acquisition of another 2,053 hectares of land for the third phase of expansion for the upcoming Noida International Airport (NIA) in Jewar.

Arun Vir Singh, CEO of Noida International Airport Limited (NIAL), told the Mint that a total of 1,888 hectares of land from 14 villages in Jewar tehsil of Gautam Buddh Nagar is to be acquired, and the SIA is scheduled to be carried out by Gautam Buddha University and completed by this August 30.
"The notification for the acquisition of 2,053 hectares of land for the third phase expansion of the airport was issued last week. Land for the first phase (1,365 hectares) and the second phase (1,334 hectares) has already been acquired," Singh added.

Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Complaint against procedural violations

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Quashing of notification changing the nature of land from rural to urban

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

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?

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

Project underway despite protests

Original Project Deadline

2024

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

29560

Type of investment:

Cost of Project

Year of Estimation

2017

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Central/State Government Policy

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 10(4) [Special provision to safeguard food security]; Section 11 [Publication of preliminary notification and power of officers thereupon]; Section 15 [Hearing of objections]; Section 19 [Publication of declaration and summary of Rehabilitation and Resettlement]; Section 26 [Determination of the market value of the land]; First Schedule [Market value of land to be multiplied by one to two to determine compensation in rural areas, in addition to a solatium amount equivalent to 100% of the market value of land multiplied by the respective factor. For urban areas, market value of the land to be multiplied by one to determine the compensation amount in addition to 100% of the market value to be paid as solatium.]
Ministry of Civil Aviation Guidelines for Setting Up of Greenfield Airports
Annexure-I (Greenfield Airports Policy), Paragraph 8.1 [No greenfield airport will normally be allowed within an aerial distance of 150 kilometres of an existing airport]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules, 2016
Section 23 [Hearing of objections]
Airports Authority of India Act, 1994
Section 19 [Land acquired by AAI deemed to be for public purpose under Land Acquisition Act]
National Civil Aviation Policy, 2016
Paragraph 13(b) [AAI may be suitably compensated if another airport is set up within 150km of an existing one] 
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  3. 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.

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  4. 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.

  5. 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.

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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.

  7. 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-implementation/violation of LARR Act

Violation of free prior informed consent

Non-rehabilitation of displaced people

Lack of legal protection over land rights

Forced evictions/dispossession of land

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Allahabad High Court

Case Number

WRIC 6499/2019, WRIC/37368/2019, WRIC/18331/2019, WRIC/34085/2019, WPIL 1850/2021

Main Reasoning/Decision of court

WRIC 6499/2019, Order dated 08.04.2019: The court observed that the collector had complied with Section 15(2) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and thus, objections of the petitioners have been dealt with by the Collector after giving due opportunity of hearing to the land owners and after following the provisions contained under Rule 23 of the U.P. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules, 2016. It also observed that in the project in question, only 1239.1416 hectares of land is being acquired and which is only 1.9 % of the total land. The State Government has notified 5% of sown area as relevant consideration and thus the acquired area is not exceeding the prescribed limit of total sown area of land in District Gautam Budh Nagar. Thus, the requirement of Section 10 of the LARR Act stands fulfilled. A fresh writ PIL seeking rehabilitation has been filed by affected landowners before the High Court in Bhanu Pratap Singh and Ors. v. State of Uttar Pradesh and Ors. The matter has been listed for hearing on December 2, 2021.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Reported Details of the Violation:

At least 47 farmers were arrested while protesting

Date of Violation

September 22, 2019

Location of Violation

Jewar tehsil

Additional Information

Nature of Protest

Protests/marches

Referendum and other local consultations

Blockades

Government Departments Involved in the Conflict:

District Administration, Yamuna Expressway Industrial Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Zurich Airport International AG

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Jewar Airport Kisan Sangharsh Samiti, Kisan Ekta Sangh

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

At least 800 farmers affected by the upcoming Jewar airport in Gautam Buddh Nagar have been protesting against the loss of land, livelihood and inadequate compensation since 2017. Their main dissent is a government notification changing the status of the proposed site from rural to urban. This legally halves the compensation amount as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, under which compensation is two times the market rate for urban land and four times the market rate for rural land. “The notification of the area from rural to urban, months before the acquisition started, is the greatest injustice to the farmers,” Sunil Fauji, who is associated with the Kisan Ekta Sangh, told Land Conflict Watch.

The airport will be spread across 5,000 hectares and will be built in four phases on a public-private partnership basis. In the first phase, 1,328 hectares from across eight villages is being acquired to build two runways and is expected to be completed by 2023. The airport aims to reduce the load on Delhi’s Indira Gandhi International Airport and with a proposed six to eight runways, will be India’s largest once it is fully operational.

Although the airport has been in the pipeline since 2001, it did not get clearance due to a clause in the Civil Aviation Ministry guidelines for greenfield airports, which placed restrictions on building a civilian airport within 150 kilometres of an existing one. The NDA government relaxed this norm in 2016, and the project was cleared in 2017.

According to media reports, two days after the government issued a notification for land acquisition on October 30, 2018, several farmers filed affidavits with the district magistrate revoking their consent. “We were told by the tehsildar while signing the consent forms that we could revoke it at a later date. Section 11 has been invoked (laying down the procedure for issuing notification for land acquisition), but we still don’t have any compensation or rehabilitation details on paper. We were misled when they needed our consent,” said Tejpal Singh, a farmer, in an interview to News 18.

“In December 2018, the government simply added eight villages from where land is being acquired to a 2015 notification changing the nature of 80 villages. When 93 per cent of the revenue sources in the area are from agriculture, how can the area be notified from rural to urban? This violates Article 243 Q of the Constitution (the Article lays down the procedure for declaring an area urban),” said advocate Gautam Upadhyay in an interview to LCW. The petitions are currently being heard.

In February 2019, several farmers filed another petition at the Allahabad High Court demanding four times the compensation. They alleged that the acquisition process violates the LARR Act and that they were not given copies of the Social Impact Assessment. They also alleged that the area earmarked for the project was rural farmland that was notified as an urban area in 2015 but that its circle rate was not revised as per the urban sectors. Their petition was rejected by the Allahabad High Court in April 2019, clearing the way for land acquisition.

Protests against the project have continued despite the court’s ruling. According to media reports, in September 2019, 47 farmers were arrested as they proceeded to lay siege to the Jewar toll plaza. Three more petitions were filed at the Allahabad High Court in May, October and November 2019 challenging the validity of the government notification that changed the nature of the land from rural to urban and seeking higher compensation.

According to media reports, even as the cases are in court, the district administration has issued notices to the farmers over their refusal to hand over land. They have also been asked to discontinue agriculture. Farmers have protested against this and have urged all fellow farmers to continue farming.

On January 27, 2020, protesting farmers clashed with the police when the latter tried to remove them from the protest site. The farmers pelted stones and shouted anti-government slogans. They also damaged the bus in which the police had arrived, in addition to a dozen other vehicles of the district administration.

In June 2020, it was reported that the Uttar Pradesh government will start notifying the land in Jewar Bengar village to rehabilitate approximately 3,600 project-affected families. They will be rehabilitated on 50 hectares of land in the village, whose native 592 families will have to give up farming and animal husbandry to make way for the rehabilitated families.

Additional District Magistrate (land acquisition) Balram Singh said in a media report, "A number of these 592 families do not have a permanent house in Jewar Bengar but have been carrying out farming in the area for decades. They have submitted objections and suggestions that have been considered." The Gautam Budh Nagar district administration has asked officials to proceed with the land acquisition and to compensate the natives of Jewar Bengar with two times the circle rate of land.

Among the 592 families, around 122 of them do not own any land and are more prone to losing their livelihood. According to a news report, the farmers say they will not give up possession of their land until full compensation is paid. The administration has said it will address their grievances before proceeding.

Meanwhile, in an Order dated August 25, 2020, the special secretary to civil aviation, Surendra Singh has asked the district magistrate to revise the compensation based on the LARR 2013 as per the definition of rural population.

However, villagers claim that the compensation has not been revised. Furthermore, members of Jewar Airport Sangharsh Samiti said to LCW that they have filed a PIL in Allahabad High Court seeking rehabilitation claiming that residents of six villages have been forcefully evicted even as the construction of the rehabilitation colonies are yet to be finished. Singh said that several families among the affected people are living in makeshift tents as there houses are demolished.

On July 6, 2023, Chief Minister Yogi Adityanath-led Uttar Pradesh government issued a notification to carry out the 'social impact assessment' (SIA) for acquisition of another 2,053 hectares of land for the third  for the acquisition of another 2,053 hectares of land for the third phase of expansion for the upcoming Noida International Airport (NIA) in Jewar.

Arun Vir Singh, CEO of Noida International Airport Limited (NIAL), told the Mint that a total of 1,888 hectares of land from 14 villages in Jewar tehsil of Gautam Buddh Nagar is to be acquired, and the SIA is scheduled to be carried out by Gautam Buddha University and completed by this August 30.
"The notification for the acquisition of 2,053 hectares of land for the third phase expansion of the airport was issued last week. Land for the first phase (1,365 hectares) and the second phase (1,334 hectares) has already been acquired," Singh added.

Demand/Contention of the Affected Community

Demand for more compensation than promised

Complaint against procedural violations

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Quashing of notification changing the nature of land from rural to urban

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

29560

Type of investment:

Cost of Project

Year of Estimation

2017

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Central/State Government Policy

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 10(4) [Special provision to safeguard food security]; Section 11 [Publication of preliminary notification and power of officers thereupon]; Section 15 [Hearing of objections]; Section 19 [Publication of declaration and summary of Rehabilitation and Resettlement]; Section 26 [Determination of the market value of the land]; First Schedule [Market value of land to be multiplied by one to two to determine compensation in rural areas, in addition to a solatium amount equivalent to 100% of the market value of land multiplied by the respective factor. For urban areas, market value of the land to be multiplied by one to determine the compensation amount in addition to 100% of the market value to be paid as solatium.]
Ministry of Civil Aviation Guidelines for Setting Up of Greenfield Airports
Annexure-I (Greenfield Airports Policy), Paragraph 8.1 [No greenfield airport will normally be allowed within an aerial distance of 150 kilometres of an existing airport]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules, 2016
Section 23 [Hearing of objections]
Airports Authority of India Act, 1994
Section 19 [Land acquired by AAI deemed to be for public purpose under Land Acquisition Act]
National Civil Aviation Policy, 2016
Paragraph 13(b) [AAI may be suitably compensated if another airport is set up within 150km of an existing one] 
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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.

  2. 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.

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  6. 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.

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  7. 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-implementation/violation of LARR Act

Violation of free prior informed consent

Non-rehabilitation of displaced people

Lack of legal protection over land rights

Forced evictions/dispossession of land

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Allahabad High Court

Case Number

WRIC 6499/2019, WRIC/37368/2019, WRIC/18331/2019, WRIC/34085/2019, WPIL 1850/2021

Main Reasoning/Decision of court

WRIC 6499/2019, Order dated 08.04.2019: The court observed that the collector had complied with Section 15(2) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and thus, objections of the petitioners have been dealt with by the Collector after giving due opportunity of hearing to the land owners and after following the provisions contained under Rule 23 of the U.P. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules, 2016. It also observed that in the project in question, only 1239.1416 hectares of land is being acquired and which is only 1.9 % of the total land. The State Government has notified 5% of sown area as relevant consideration and thus the acquired area is not exceeding the prescribed limit of total sown area of land in District Gautam Budh Nagar. Thus, the requirement of Section 10 of the LARR Act stands fulfilled. A fresh writ PIL seeking rehabilitation has been filed by affected landowners before the High Court in Bhanu Pratap Singh and Ors. v. State of Uttar Pradesh and Ors. The matter has been listed for hearing on December 2, 2021.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Reported Details of the Violation:

At least 47 farmers were arrested while protesting

Date of Violation

September 22, 2019

Location of Violation

Jewar tehsil

Nature of Protest

Protests/marches

Referendum and other local consultations

Blockades

Government Departments Involved in the Conflict:

District Administration, Yamuna Expressway Industrial Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Zurich Airport International AG

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Jewar Airport Kisan Sangharsh Samiti, Kisan Ekta Sangh

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

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Documented By

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Reviewed By

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Updated By

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Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Uttar Pradesh

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