Between 1965 and 1984, the Gujarat government allotted land in Kutchch district to 550 farmers of Punjab, Haryana and Rajasthan. Of these, 390 were Sikhs. Since Kutch was a barren region, bordering Pakistan, with human population less than that of cattle, the Gujarat government had, as a matter of policy, invited ex-servicemen from Punjab and Haryana, largely Sikhs, to settle down here in the aftermath of the 1965 war with Pakistan. Today, more than 6,000 Sikh families are settled in Lakhpat and some territories like Kori Creek and Sir Creek.
On October 22, 2010, District Collector M. Thennarasan issued a notice to 784 farmers that froze the agriculture accounts of outsiders settled in the state. He instructed that under the Bombay Tenancy and Agricultural Land Act, 1948, mutation of registered documents was not to be carried out until further instruction. This essentially meant that the farmers could not own farmlands, transfer them, purchase or sell land or get bank loans for agricultural process.
Fearing eviction, the farmers first approached the regional officer, who rejected the case. In January 2011, however, the Gujarat high court ruled in favour of the farmers. They argued that the order of the collector is violative of their fundamental rights. The state argued that there is no evidence to prove that these farmers are indeed farmers, but the High Court of Gujarat refused to accept it. This led to the state appealing in the Supreme Court.
Major corporates like Asia Motor Works, Jindal Saw, Solaris ChemTech, Electrotherm, Suzlon, Welspun, Tata Power, Jaypee Cement and Parle have been emerging in the region, and this industrialisation, along with good transport and water infrastructure makes the area lucrative for industries, according to the farmers. They allege that the state government wants to acquire farmland and sell it to industrialists.
In December 2013, the Bharatiya Janata Party-led ruling government defreezed the land records of 52 farmers, succumbing to the pressure of protesting farmers and the need to keep their ally, Akali Dal, satisfied.
In January 2015, the farmers from Haryana and Punjab were allegedly attacked and seriously injured by a group of local farmers in Loria village in Bhuj district. The victims claim this was the second attack in the same month. The attacks inevitably forced many farmers to return to their original hometowns in Punjab and Ganganagar after giving their land on contract farming. Though a final decision has not been taken since the matter is subjudice in the Supreme Court, the bonafides of only 52 farmers have been verified and their land has been defreezed.
Surinder Singh Bhullar, a farmer settled near Bhuj, said that many Punjabi farmers had moved out after selling their land at throwaway prices. "Over the past four years, we have approached every government agency but to no avail. The freeze on our land has not been removed even after the high court ruled in our favour," he said.
In August 2017, the Gujarat high court directed the state to reopen farmers' accounts, while disposing of around 10 petitions filed in 2012.
The appeal filed by the state government in 2012, however, is still pending at the Supreme Court.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand for promised land
Other Demand/Contention of the Affected Community
Demand to defreeze the farmers' accounts
Region Classification
Rural
Type of Land
Private
Non-Forest (Other than Grazing 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?
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
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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.
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:
Lack of legal protection over land rights
Use of old/outdated laws
Non-implementation of land ceiling laws
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)
High Court of Gujarat, Supreme Court of India
Case Number
Letters Patent Appeal 1106/2011, SCA No. 8265 of 2012, Civil Appeal No. 2268/2013
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Farmers from Haryana and Punjab were allegedly attacked and seriously injured by a group of local farmers in Loria village in Bhuj district. The victims claim this was the second attack in the same month. The attacks inevitably forced many farmers to return to their original hometowns in Punjab and Ganganagar after giving their land on contract farming.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
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:
Sikh community
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?
Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.
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