Farmers Affected by Jewar Airport Demand Rehabilitation

Reported by

Nupur Sonar

Legal Data by

Edited by

Updated by

Published on

January 30, 2020

January 30, 2020

Updated on

January 30, 2020

Location of Conflict

Jewar

Gautam Buddha Nagar

Reason or Cause of Conflict

Airport

(

)

People Affected by Conflict

20549

Households Affected by Conflict

Land Area Affected (in Hectares)

5000

ha

Starting Year

2017

State

Uttar Pradesh

Sector

Infrastructure

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 publicprivate 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 Delhis Indira Gandhi International Airport and with a proposed six to eight runways, will be Indias 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 dont 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 courts 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 antigovernment 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 projectaffected 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 LCW that they have filed an 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.

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

Both

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

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 Act, 2013
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]
  1. 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.

  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.

  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.

    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.

  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.

  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.

    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

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 23, 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:

Resources Related to Conflict

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

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch
X

Support our work

Your contribution ensures continuity of this crucial project.

As a member, you will get exclusive access to special reports, policy papers and research projects undertaken by Land Conflict Watch and behind-the-scenes interactions with the writers and researchers about their work.
Join Now