Himachal Pradesh
Saraj Majra, Shitalpur, Kalyanpur, Chak-Jangi, Landewal, Kenduwal, Billanwali Gujran, Haripur Sandholi and Sandholi villages
,
,
Solan
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Farmers Agree to Revised Compensation for Their Land for Chandigarh-Baddi Rail line in Himachal
Reported by
Bimla Vishwapremi
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2016
Year started
34
Land area affected
Households affected
People Affected
2016
Year started
34
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The construction of the Chandigarh-Baddi railway line had become a cause for unrest among farmers in Himachal Pradesh as the farmers did not agree to the compensation rate offered. 
A three-kilometre stretch of the 28 km railway line would be in Himachal Pradesh, and the remaining in Haryana. In the Solan district, farmlands from nine villages, measuring 33.75 hectares, was to be acquired in the Baddi industrial area.
In 2016, the Northern Railway released its share of the fund, which initiated the land acquisition process, as per a news report. However, the farmers were demanding Rs 1 crore per bigha (0.16 ha) as compensation. 
As per a news report, in July of the same year, the farmers were offered a rate of “four times the prevailing circle rates” for the land acquisition. The Sub-Divisional Magistrate of the Nalagarh division arrived at this decision in the negotiation committee he was chairing. He arrived at a figure of Rs 4.5 lakh to Rs 54 lakh as the price of the land. At the time, the SDM stated all villages except Kenuwaal had given consent, whose circle rates would revise after review.
However, the affected farmers refused to accept the compensation offered. 
In August 2019, the Principal Secretary (Transport) appointed SDM of Nalagarh as the component authority for the project. The project was also classified as a “special railway project”. 
In October, the Ministry of Railways finally issued a notice for land acquisition for the project after a delay of four years. According to a news report, it gave the landowners 30 days to raise objections with the compensation with the competent authority. 
As per another news report, the authorities set the target of April 2021 to compensate the affected farmers would receive compensation. The report stated that the competent authority was in the process of finalising the compensation rates for each village separately, after which the ministry would approve the decided awards. It was as per the prevailing circle rates and average rates, whichever was higher. In February, the Ministry of Railways released an amount of Rs. 100 crore for starting the project. 
Subsequently, in April, the land acquisition process was completed in the nine villages, stated a news article

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

Other Demand/Contention of the Affected Community

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?

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):

90

Type of investment:

Year of Estimation

2007

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

April 2021

Why did the conflict end?

Community's original demands were met

The compensation process was completed in April 2021. It was after new rates were decided for land acquisition, based on whether the circle rate was higher or the average rate was higher. There are no reports available about continued protests or complaints about the compensation rate.

Author
Reported by
Bimla Vishwapremi

Himachal Pradesh

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

Farmers Agree to Revised Compensation for Their Land for Chandigarh-Baddi Rail line in Himachal

Reported by

Bimla Vishwapremi

Legal Review by

Edited by

Updated by

Updated by

Published on

August 31, 2016

July 30, 2024

Edited on

August 31, 2016

Sector

Infrastructure

Reason or Cause of Conflict

Railways

Starting Year

2016

Land Area Affected (in Hectares)

34

ha

Households Affected by Conflict

People Affected by Conflict

State

Himachal Pradesh

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

34

ha

Starting Year

2016

Location of Conflict

Saraj Majra, Shitalpur, Kalyanpur, Chak-Jangi, Landewal, Kenduwal, Billanwali Gujran, Haripur Sandholi and Sandholi villages

Solan

Reason or Cause of Conflict

Railways

Land Conflict Summary

The construction of the Chandigarh-Baddi railway line had become a cause for unrest among farmers in Himachal Pradesh as the farmers did not agree to the compensation rate offered. 
A three-kilometre stretch of the 28 km railway line would be in Himachal Pradesh, and the remaining in Haryana. In the Solan district, farmlands from nine villages, measuring 33.75 hectares, was to be acquired in the Baddi industrial area.
In 2016, the Northern Railway released its share of the fund, which initiated the land acquisition process, as per a news report. However, the farmers were demanding Rs 1 crore per bigha (0.16 ha) as compensation. 
As per a news report, in July of the same year, the farmers were offered a rate of “four times the prevailing circle rates” for the land acquisition. The Sub-Divisional Magistrate of the Nalagarh division arrived at this decision in the negotiation committee he was chairing. He arrived at a figure of Rs 4.5 lakh to Rs 54 lakh as the price of the land. At the time, the SDM stated all villages except Kenuwaal had given consent, whose circle rates would revise after review.
However, the affected farmers refused to accept the compensation offered. 
In August 2019, the Principal Secretary (Transport) appointed SDM of Nalagarh as the component authority for the project. The project was also classified as a “special railway project”. 
In October, the Ministry of Railways finally issued a notice for land acquisition for the project after a delay of four years. According to a news report, it gave the landowners 30 days to raise objections with the compensation with the competent authority. 
As per another news report, the authorities set the target of April 2021 to compensate the affected farmers would receive compensation. The report stated that the competent authority was in the process of finalising the compensation rates for each village separately, after which the ministry would approve the decided awards. It was as per the prevailing circle rates and average rates, whichever was higher. In February, the Ministry of Railways released an amount of Rs. 100 crore for starting the project. 
Subsequently, in April, the land acquisition process was completed in the nine villages, stated a news article

Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

Type of Common 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):

90

Type of investment:

Year of Estimation

2007

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

April 2021

Why did the conflict end?

Community's original demands were met

The compensation process was completed in April 2021. It was after new rates were decided for land acquisition, based on whether the circle rate was higher or the average rate was higher. There are no reports available about continued protests or complaints about the compensation rate.

Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Central/State Government Policy, Other

Legislations/Policies Involved

Railways Act, 1989
Section 20A [Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.]; Section 20F [ This section provides Determination of amount payable as compensation]; 20-O [This section deals with Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition]
National Rehabilitation and Resettlement Policy, 2007
CHAPTER - VI [This chapter deals with deals with Rehabilitation and Resettlement Plan]; Chapter VII [ This (7.19) provision states that in case of linear acquisitions, in projects relating to railway lines, highways, transmission lines, laying of pipelines and other such projects wherein only a narrow stretch of land is acquired for the purpose of the project or is utilised for right of way, each khatedarin the affected family shall be offered by the requiring body an ex-gratia payment of such amount as the appropriate Government may decide.but not less than twenty thousand rupees, ,in addition to the compensation or any other benefits due under the Act or programme or scheme under which the land, house or other property is acquired
Indian Penal Code, 1860
Section 120 B [This Section provides for punishment of criminal conspiracy]; Section 148 [This section provides for rioting , armed with deadly weapon]; Section 167 [This section deals with public servant framing an incorrect document with intent to cause injury be punished for term which may extend to three years or fine or both]; Section 271 [This Section provides for disobedience of quarantine rules]; Section 341[This section deals with punishment for wrongful restraint]Section 351 [This section deals with Assault]; Section 379 [This section provides for punishment of theft]; Section 392[This section provides for punishment of robbery]; Section 395[This section provides for punishment of dacoity]; Section 405 [This section provides for criminal breach of trust]; Section 415 [This section deals with cheating]; Section 416 [This section provides for Cheating by personification]; Section 417 [This section provides for Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect]; Section 420 [This section deals with cheating and dishonestly inducing delivery of property]; Section 422 [This section provides for dishonestly or fraudulently preventing debt being available for creditors]; Section 452 [This section deals with house trespass after preparation to hurt, assault or wrongful restraint]; Section 464 [This section deals with making a false document]; Section 467 [This section states for forgery of valuable security or will]; Section 468 [This section provides for forgery for purpose of cheating]; Section 471[This section provides for using as genuine a forged document or electronic record]; Section 506 [This section provides punishment for criminal intimidation]]
Electricity Act, 2003
Section 14 [This section provides for granting of licence for transmission, distribution or trade of electricity]; Section 68 [This section provides for provisions relating to overhead lines]; Section 164 [This section provides for exercise of powers of telegraph authority]
Land Acquisition Act, 1894
Section 25 [This section provides that the amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector]; Section 23 [This section provides for matters to be considered for determination of compensation];Section 54 [This section provides for appeal before High Court]
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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:

Incorrect estimation of compensation

Delay in compensation

Controversial land acquisition by the government

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

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:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Northern Railways Authority - Ministry of Railways, Government of Himachal Pradesh, Revenue Department of Himachal Pradesh

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Farmers

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

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