June 9th Black Day in Karnataka’s Land Acquisition History
Government
betraying BMIC affected communities by not implementing findings of K. C. Reddy
Committee
Massive people’s mobilisation to stop illegal acquisition and displacement
Shri. H. K. Patil, Hon’ble Minister for Law and Parliamentary Affairs, Govt. of Karnataka has announced that the Government henceforth will not denotify any lands taken into possession. To ensure land acquisition agencies do not frivolously acquire lands, and later equally frivolously denotify them, he has cautioned agencies to absolutely satisfy themselves on the need and extent of acquisition. This, he has stated, should be after a careful and coordinated examination by connected agencies of all alternatives, and only after fully addressing concerns of communities affected by the acquisition.
That the Law Minister has to reassert the basic process and purpose of land acquisition, is truly indicative of the manner in which land acquisition proceeds today. This enormous responsibility vested in the government under the Principle of Eminent Domain, a responsibility that has to be exercised with abundant caution as it touches and tears at the very heart of a citizens’ right to life and livelihood, has become a victim of fraud and corruption. That frivolous acquisition, even worse, acquisition due to vested interests has become the norm, requiring the Law Minister to issue guidelines to set the process right, is truly a travesty of governance in our time. No other project exemplifies this better than the Bangalore Mysore Infrastructure Corridor Project (BMIC), being implemented by Nandi Infrastructure Corridor Enterprise (NICE).
Excess Lands identified, but not being returned:
About 10,000 acres of land notified for acquisition is in excess all along the BMIC project that cuts through four districts. Of this 2,450 acres has been confirmed as land acquired in excess just around Bangalore. The Peripheral Road, Link Road, Expressway, Interchanges and Service Areas of Phase A of the project require only 2,080 acres of land, instead 6918 acres has been acquired! This excess land has been pledged to ICICI Bank to extend loans to the project.
This fact is based on findings of the K. C. Reddy Committee constituted by the Government of Karnataka and accepted per GO No. PWD 155 CRM 95 BMICP Expert Committee/2005, Bangalore, dated: 06April 2005. The Reddy Committee merely upheld lands required per the original offer made by the consortium. Shri. Patil would have done the public at large, especially those affected by the BMIC Project, an extraordinary service had he additional to issuing guidelines for future land acquisition, proceeded to implement this GO. By not doing so, he has exposed the Government’s insincerity on a crucial matter of governance.
Black Day in Land Acquisition History:
Perhaps as a reflection of this lack of commitment, on 9th June 2005, about 150 policemen were marshalled by Karnataka Police’s Bangalore Metropolitan Task Force to destroy people’s properties and infrastructure in Pilaganahalli village near Bannerghatta. Police protected NICE’s bulldozers and earth movers as they tore up roads, compound walls, buildings, electricity poles, water supply and sanitation lines. Shocked villagers protested, but were threatened with arrests.
When cornered to produce the authority by which he was leading this demolition exercise, Shri. Thimmappa, Suptd. of Police of BMTF sheepishly produced a legal opinion of M/s King and Partridge, private counsel of NICE endorsing the action. This ostensibly on the purpose of redeeming lands that NICE claimed belonged to for the BMIC Project, a claim that is totally found false by the Reddy Committee.
The Pilaganahalli properties destroyed all remained on lands that were categorically confirmed by the K. C. Reddy Committee as being part of excess acquisition area. In fact many affected owners have papers to prove that their lands, which were initially notified, were subsequently denotified as not required for the BMICP. The lands remain with private parties, the government does not have possession of these, and this action was conducted on such lands which are at least a kilometre away from the Peripheral Road alignment, part of the Phase A of the project.
That a police force vested with the purpose of only serving the rule of law, should have steeped to a level as to act on the mere opinion of a private counsel of a vested interest, is an act that can only be described as a Black Day in the land acquisition history of Karnataka.
The implications of this act are very serious indeed: that the police have unquestionable access over private property, even when the property is protected by law. To leave this unchallenged would be to accept the very defeat of democratic traditions and constitutional processes.
The BMTF could not have missed the K. C. Reddy report by any stretch of imagination. Their Pilaganahalli action thereby confirms that they engaged in the demolition exercise fully aware that these lands were not required for the BMIC project. It must therefore be inferred that the police colluded with NICE and officials of Bangalore Mysore Infrastructure Planning Authority, using terror to claim lands absolutely illegally.
This is in contempt of the Hon’ble Supreme Court’s views on the matter, especially after it stayed the judgment of the Hon’ble High Court of Karnataka which had directed the Karnataka State to quickly implement the project based on its dismissal of Reddy Committee findings.
Dismissal of BMTF Official demanded:
In view of the Pilaganahalli action, we demanded that the Home Secretary must immediately suspend Shri. Thimmappa, but to date no action has been taken. Only such tough measures would have confirmed the Law Minister’s conviction that land acquisition should be done with abundant care, public responsibility and concern for the affected.
Unless Shri. Thimmappa and others involved are strictly proceeded against, this conviction remains aimless. Unless checked, the Pilaganahalli experience could easily become that of any of the 180 villages that are affected by BMICP between Bangalore and Mysore.
Demand for an end to excess and illegal acquisition:
Madavara village near Peenya has already suffered from similar terror tactics. During March this year, police swarmed the village to “take over” lands that were not at all part of the project as per the Framework Agreement of BMICP. The Madavara and Pilaganahalli experiences must never be relived and the Government should only acquire land that is absolutely required in the wider public interest.
To ensure this, a network of organisations representing farmers and project affected communities in collaboration with public interests groups and sympathetic Legislators and Parliamentarians, have come together to launch a massive campaign to restore lands not needed for the BMIC project.
The mobilisation efforts will bring affected communities together in Bangalore in a month to press for the following demands:
1. Implementation of the findings of the K. C. Reddy Committee Reports with
immediate effect.
2. Suspension of Shri. Thimmappa, SP, BMTF and other State officials involved,
pending enquiry, to serve as an example against arbitrary police action.
3. Thorough review of all conditions imposed on NICE with regard to implementation
of BMIC project and action to be taken against any violation.
Should the Government take these actions with immediate effect, it would certainly deserve all praise for implementing the rule of law. If it fails to, the mobilisation will result in a massive demonstration in Bangalore, so an elected Government realises its purpose is to protect public interest and not any vested interest.
R. Ashok, Member
of Legislative Assembly,Uttarahalli Constituency
Vijayaraghavan, President, Bhooswadhina Virodhi Horata Vedike
Raghunath, Vice President, Bhooswadhina Virodhi Horata Vedike
Nagaraj,State Coordinator, Dalit Sangarsh Samithi (S)
Leo F. Saldanha, Coordinator, Environment Support Group
Kodihalli Chandrashekar,General Secretary, Karnataka Rajya Raitha Sangha
Address for contact:
Environment
Support Group ®, S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R.
K. Gardens, Jayanagar, Bannerghatta Road, Bangalore 560041. INDIA. Telefax:
91-80-26341977/26531339/26534364 Fax: 91-80-51179912
Email: esg@esgindia.org or esg@bgl.vsnl.net.in Web: www.esgindia.org
Bhooswadhina Virodhi Horata Vedike, 44/1A, Lakshmidevi Industrial Estate, Bannerghatta Road, Bangalore 560041 Tel: 91-80-26689544/26689844 Fax: 26782193. Email: sudin_offset@yahoo.co.in