Bihar
Bhojpur district
,
Buxar
,
Buxar
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Bihar Farmers Demand Fair Compensation for Patna-Buxar Highway Project
Reported by
Alok
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
500
Households affected
2400
People Affected
2012
Year started
557
Land area affected
500
Households affected
2400
People Affected
2012
Year started
557
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The National Highways Authority of India (NHAI) had signed an agreement for four-laning the 125 km-long highway between Patna and Buxar with Gammon India in February 2012. While the work was estimated to be completed within 30 months, Gammon failed to even commence work on the project, and consequently the NHAI terminated the agreement. Further, hurdles in land acquisition led to a seemingly indefinite delay in the construction of the project until 2017. Farmers who had willingly given up their land for the acquisition have been demanding fair compensation.

In their writ petitions filed in the high court in Patna in 2013, 2014 and 2018, the farmers have alleged violation of the Land Acquisition Act, 2013, and the National Highways Act, 1956, in disregarding the consent of the farmers for land acquisition, along with delay in and inadequate payment of compensation. The farmers are eligible to receive compensation for their lands at the commercial rate, but the land acquisition department is allegedly intent on providing compensation at the agricultural rate, which is considerably lower.

Having organised themselves under the banner of Land Acquisition NH-84 Sangharsh Samiti, many farmers have protested by organising marches and dharnas. In a backlash, several farmers have been harassed by zonal officers and even threatened with legal action

In 2019, the process of land acquisition was operational in 42 villages in Buxar, with only few farmers having received compensation. Many farmers had refused compensation as protest. In 2020, local media reports noted the presence of cracked roads in the highway and the overall lack of quality maintenance.

Farmers appealed under arbitration in the court of the Divisional Commissioner in 2021. Divisional Commissioner Sanjay Kumar Aggarwal  determined a new rate and directed the district administration to pay the farmers in their bank account. The farmers said that the Land Acquisition Department employees harassed them by citing technical difficulties in giving them the compensation amount.

In 2022, the High Court took cognizance of the delay in the four-lane construction, following which, the Land Acquisition Officer deposited the compensation amount of Rs 48 crore for the land acquired for the construction of Buxar-Ara-Patna four lane in the Civil Court, Ara.

In November 2022, Union Minister for Road Transport and Highways Nitin Gadkari inaugurated the 92-km stretch of the Patna-Buxar Highway -- Koilwar to Bhojpur section and Bhojpur to Buxar section -- built at a cost of Rs 3,390 crore.

For 33-km-long stretch of the Patna-Buxar four-lane highway, the NHAI has started work on constructing a new three-lane bridge, a new greenfield four-lane road from the existing Ballia-Ghazipur highway northwards near the villages of Kanuvan and Pandey Ka Pura. The authority is also carrying out work on foot overbridge, railing, service road and street lights. 

As of April 2024, majority of the farmers have received the compensation. However, a section of the farmers were still upset with the compensation amount.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Forest and Non-Forest

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 completed

Original Project Deadline

2020

Whether the Project has been Delayed

Yes

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):

3390

Type of investment:

Revised Investment

Year of Estimation

2012

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Author
Reported by
Alok

Bihar

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

Complaint against procedural violations

Bihar Farmers Demand Fair Compensation for Patna-Buxar Highway Project

Reported by

Alok

Legal Review by

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Rahul Kumar Gaurav

Published on

October 6, 2016

May 10, 2024

Edited on

May 10, 2024

October 6, 2016

Sector

Infrastructure

Reason or Cause of Conflict

Roads

Starting Year

2012

Land Area Affected (in Hectares)

557

ha

Households Affected by Conflict

500

People Affected by Conflict

2400

State

Bihar

Sector

Infrastructure

People Affected by Conflict

2400

Households Affected by Conflict

500

Land Area Affected (in Hectares)

557

ha

Starting Year

2012

Location of Conflict

Buxar

Bhojpur district

Buxar

Reason or Cause of Conflict

Roads

Land Conflict Summary

The National Highways Authority of India (NHAI) had signed an agreement for four-laning the 125 km-long highway between Patna and Buxar with Gammon India in February 2012. While the work was estimated to be completed within 30 months, Gammon failed to even commence work on the project, and consequently the NHAI terminated the agreement. Further, hurdles in land acquisition led to a seemingly indefinite delay in the construction of the project until 2017. Farmers who had willingly given up their land for the acquisition have been demanding fair compensation.

In their writ petitions filed in the high court in Patna in 2013, 2014 and 2018, the farmers have alleged violation of the Land Acquisition Act, 2013, and the National Highways Act, 1956, in disregarding the consent of the farmers for land acquisition, along with delay in and inadequate payment of compensation. The farmers are eligible to receive compensation for their lands at the commercial rate, but the land acquisition department is allegedly intent on providing compensation at the agricultural rate, which is considerably lower.

Having organised themselves under the banner of Land Acquisition NH-84 Sangharsh Samiti, many farmers have protested by organising marches and dharnas. In a backlash, several farmers have been harassed by zonal officers and even threatened with legal action

In 2019, the process of land acquisition was operational in 42 villages in Buxar, with only few farmers having received compensation. Many farmers had refused compensation as protest. In 2020, local media reports noted the presence of cracked roads in the highway and the overall lack of quality maintenance.

Farmers appealed under arbitration in the court of the Divisional Commissioner in 2021. Divisional Commissioner Sanjay Kumar Aggarwal  determined a new rate and directed the district administration to pay the farmers in their bank account. The farmers said that the Land Acquisition Department employees harassed them by citing technical difficulties in giving them the compensation amount.

In 2022, the High Court took cognizance of the delay in the four-lane construction, following which, the Land Acquisition Officer deposited the compensation amount of Rs 48 crore for the land acquired for the construction of Buxar-Ara-Patna four lane in the Civil Court, Ara.

In November 2022, Union Minister for Road Transport and Highways Nitin Gadkari inaugurated the 92-km stretch of the Patna-Buxar Highway -- Koilwar to Bhojpur section and Bhojpur to Buxar section -- built at a cost of Rs 3,390 crore.

For 33-km-long stretch of the Patna-Buxar four-lane highway, the NHAI has started work on constructing a new three-lane bridge, a new greenfield four-lane road from the existing Ballia-Ghazipur highway northwards near the villages of Kanuvan and Pandey Ka Pura. The authority is also carrying out work on foot overbridge, railing, service road and street lights. 

As of April 2024, majority of the farmers have received the compensation. However, a section of the farmers were still upset with the compensation amount.

Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Type of Common Land

Forest and Non-Forest

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 completed

Original Project Deadline

2020

Whether the Project has been Delayed

Yes

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):

3390

Type of investment:

Revised Investment

Year of Estimation

2012

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Other

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 2(2) [Requirement of prior informed consent in cases of public-private partnerships]; Section 27 [Determination of compensation includes all assets attached to the land]; Section 28 [Parameters to be considered in determination of compensation includes market value and all damage caused]; Section 38 [Power to take possession only after all compensation has been paid]; Section 105 [This section provides for acquisition taking place under certain Union Acts to be exempt from the process under the Act, provided that compensation is provided in accordance with the First Schedule, rehabilitation is carried out as per the Second Schedule and infrastructure amenities are provided as per the Third Schedule]; The Fourth Schedule [This schedule exempts the National Highways Act, 1956, from the application of the Act]
National Highways Act, 1956
Section 3A [Power of the Union government to acquire land for public purpose by notification]; Section 3G [Determination of compensation under the Act includes market value plus damages]; Section 3J [1894 Land Acquisition Act does not apply]
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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:

Controversial land acquisition by the government

Incorrect estimation of compensation

Delay in compensation

Violation of free prior informed consent

Non-payment of compensation/promised compensation

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

High Court of Bihar at Patna

Case Number

Patna High Court CWJC No.20708 of 2013, CWJC No.18918 of 2012, CWJC No. 23137/2018

Main Reasoning/Decision of court

In 2012, a writ petition was filed complaining of procedural violations and a violation of Section 3G of the National Highways Act. On May 15, 2014, the high court set aside the orders of the Competent Authority on the ground that the compensation was not determined in accordance with the law and that the order granting compensation must be a speaking order because it pertains to the constitutional right to receive compensation. In 2013, a writ petition was filed by the land owners regarding the method of computation of compensation, as the lands of the petitioners had been shown as agricultural lands. In 2017, the high court found that the petitioners had not been given an opportunity to raise their grievances and that the calculation must be based on the market value of the commercial lands. However, the petition was disposed of and the petitioners were directed to raise their grievances before an existing six-member committee set up by the state. A writ petition filed on December 3, 2018, was dismissed on January 6, 2020, by the high court, directing the petitioners to make a representation for reliefs to the state, which must be considered by the state within three weeks.

Major Human Rights Violations Related to the Conflict:

Judicial harassment

Reported Details of the Violation:

Several farmers have been harassed by the zonal officers and even threatened with legal action.

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Road Construction Department

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:

Gammon India Limited, PNC Infratech Limited

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Farmers, Land Acquisition NH-84 Sangharsh Samiti

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

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