Haryana Farmers Demand Proper Compensation for Land Acquired to Construct 3 Highways in Mahendragarh

Reported by

Damandeep SinghLand Conflict Watch

Last updated on

September 6, 2021

Location of Conflict

Narnaul

Salimpur Mamood, Pabnawa, Chandlana

Mahendragarh

Reason or Cause of Conflict

Roads

(

)

People Affected by Conflict

40000

Land Area Affected (in Hectares)

405

ha

Starting Year

2018

State

Haryana

Sector

Infrastructure

In 2018, the Haryana government acquired land from farmers** **for the construction of three national highways NH11 (Rewari to Jaisalmer), NH148 B (Kotputli to Hisar) and NH152 D (Nangal Chaudhary to Ambala). Some of the affected villages include Sangroli, Barsana, Faral, Pundri and Jamba. The farmers whose lands were acquired for the project have been staging a sitin protest in Narnaul since July 2019 under the banner of All India Kisan Sabha demanding compensation as per the current market rate. Some farmers whose lands fall directly along the highways are being offered a compensation of approximately INR 1 crore per acre, while others will get a compensation ranging from INR 17 lakh to INR 1 crore. The farmers have demanded the same compensation for all those whose lands have been acquired. According to the Land Acquisition Act, 2013, we are to be paid four times the market price of the land, but what we are being offered is less than twice the market rate, the farmers told News Click. On August 12, 2019, the police arrested protesting farmers in Narnaul. At least 40,000 people are estimated to be affected by the highway project. As they stand to lose both their lands and livelihoods, they plan to intensify their agitation if the government does not fulfil their demands and say that their protest could take the shape of a statewide agitation involving blockade of roads and railways. While the National Highways Authority of India has been constructing the three highways, On March 25, 2021. the Ministry of Road Transport and Highways stated in the Lok Sabha that these road projects are delayed due to lockdown imposed for containing COVID19 pandemic and land acquisition issues.

Demand/Contention of the Affected Community

Demand for more compensation than promised

Equal compensation for all farmers whose lands have been acquired.

Region Classification

Rural

Type of Land

Private

Type of Common Land

N/A

Total investment involved (in Crores):

732

Type of investment:

Cost of Project

Year of Estimation

2018

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

    Section 26: Criteria to be considered by the Collector while assessing market value includes the market value, average sale price for similar land in the vicinity, and compensation paid in acquisition by private companies; Section 27 read with Schedule I: Determination of compensation amount to be paid; Section 28: Factors to be considered while determining compensation include market value, cost of relocation of business or residence, and damage caused due to the land acquisition; Section 31(1) read with Schedule II: R&R award for affected families; Section 25: The Collector must make an award within 12 months of the declaration of land acquisition, else the acquisition proceedings will lapse; Section 77: Payment of compensation to interested persons or deposit in Authority; Section 105 read with Schedule IV of the 2013 Act: Compensation in land acquisition proceedings initiated under the NH Act, 1956 will be calculated as per the 2013 Act.

  2. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014

    Rule 16: State government must obtain prior consent of affected land owners along with the social impact assessment study.

  3. National Highways Act, 1956

    Section 3A: Land may be acquired by the Central Government if it is satisfied that the land is required for the building of a national highway or part thereof; Section 3C: Any person interested in the land sought to be acquired may raise objections within 21 days of the notification and they must be heard.

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 , Incorrect estimation of compensation

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Whether criminal law was used against protestors

Yes

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

Reported Details of the Violation:

On August 12, 2019, the police arrested protesting farmers in Narnaul.

Date of Violation

August 12, 2019

Location of Violation

Narnaul

Nature of Protest

Protests/marches, Campaigns (Grassroots organisations/press releases/media), Refusal of compensation, Blockades

Government Departments Involved in the Conflict:

State Revenue and Disaster Management Department, National Highways Authority of India

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:

Did LCW Approach Corporate Parties for Comments?

No

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

Damandeep Singh

Reviewed By

Damandeep Singh

Updated By

Damandeep Singh

Edited By

Damandeep SinghLand Conflict Watch
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