On the outskirts of Siliguri, where a proposed township was to come up, 52 landowners from Kawakhali village are demanding their land back from the Siliguri Jalpaiguri Development Authority (SJDA), a subsidiary organisation under the West Bengal government.
In 2005, the SJDA had acquired 302 acres of land in Thiknikata, Kawakhali and Porajhar villages. At the time of the acquisition, 52 of 1,700 landowners had refused to give away their land, but their land was forcefully acquired. The dissenting landowners, farmers by occupation, declined the compensation offered and organised protests to mobilise support to win back their land. According to them, the authorities used misleading tactics and took away their land by terming it fallow.
On 27 November 2017, the Press Trust of India reported that the state had decided to return the land back to all 52 land owners.
On 16 May 2019, LCW contacted the SJDA via telephone for an update and was directed to the executive engineer, who said that the process of returning the land had started but got delayed. When asked about the number of people who had received their land so far, they were unable to provide a clear number.
In 2021, members of the Porajhar Kawakhali Bhumi Raksha Committee (PKBRC) renewed their demand for the state government to return their plots of land that had been acquired before. The then Urban Development and Municipal Affairs Minister Chandrima Bhattacharya gave a verbal statement proposing alternate land plots be provided to the landowners if they withdraw their High Court case. A representative of PKBRC demanded this proposal in writing with details of the process.
As of March 2024, a township 'Utsadhara' has come up in Kawakhali where the government of West Bengal has handed over land rights and dwelling units to more than 1,000 people, out of which 422 persons have received dwelling units. Reportedly, land rights were given to 500 tea garden workers and land pattas to 102 persons from refugee colonies.
Demand/Contention of the Affected Community
Complaint against procedural violations
Refusal to give up land for the project
Demand to get back acquired land
Other Demand/Contention of the Affected Community
Demand to get back their acquired land
Region Classification
Urban
Type of Land
Private
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?
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
Whether the Project has been Delayed
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):
₹
9
Type of investment:
Cost of Project
Year of Estimation
2005
Has the Conflict Ended?
Yes
When did it end?
November, 2017
Why did the conflict end?
In November 2017, the West Bengal government decided to return the land back to all 52 land owners. In May 2019, LCW contacted the Siliguri Jalpaiguri Development Authority via telephone for an update and was directed to the executive engineer, who said that the process of returning the land had got delayed but had started.
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Land Acquisition Laws, Other
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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.
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:
Non-implementation/violation of LARR Act
Violation of free prior informed consent
Forced evictions/dispossession of land
Controversial land acquisition by the government
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
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Left goverment, Siliguri Jalpaiguri Development Authority (SJDA)
PSUs Involved in the Conflict:
Siliguri Jalpaiguri Development Authority (SJDA)
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
Communities/Local Organisations in the Conflict:
Farmers
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?
Mitali has previously worked as a freelance journalist for Doordarshan. She has directed and produced documentaries themed on sexual violence against women and the peasant movement at Bhangar in West Bengal. She has also co-directed SD, an investigative biography on slain Naxalite leader Saroj Datta. She is currently in the editorial board of Protibidhan, a Bengali magazine dedicated to women’s movements.
