Land acquisition for Northern Patiala Bypass: Farmers vehemently oppose land acquisition on throw away prices violating law of land
Punjab and Centre government want to usurp land of farmers ignoring all established procedures: Farmers
Give ultimatum of one week to governments to rectify error or face agitation
Also urge all farm unions to come to their rescue so that they can get Justice
Chandigarh, May 12, 2024: More than 400 farmers from 24 villages of Patiala district have vehemently opposed acquisition of their more than 300 acres of fertile land at throw away prices by the Punjab and Centre Government for construction of Northern Patiala Bypass and have given an ultimatum of one week to both the governments to either take corrective measures or face agitation. They have also urged all farm unions to come to their support on issue so that they can get justice.
Addressing a press conference at Press Club Chandigarh here today, Northern Patiala Bypass Union President : Malkiat Singh, Sukham Singh, Taranjit Singh, Gurpreet Singh and Harkesh Singh Sidhu former IAS ( Ex Deputy Commissioner) disclosed that Northern Patiala Bypass Project was approved and initiated through the issue of Government Notification 3A in August and October 2021. They said that formal acquisition of the land from 24 villages was announced vide Notification 3D in Dec 2021 and ownership of the land has remained vested with the Government (read NHAI) since then.
They said that instead of moving forward, the Project was put on hold by NHAI in June 2022 for reasons known only to them and Punjab Government. In consequence, farmers have been prohibited from selling/ transferring or even obtaining bank loans against their property. They said that when they approached at various levels, the State Government did not show any interest in executing the Project and it started ignoring all correspondence being sent to them by NHAI. They said that on finding themselves helpless, farmers were constrained to approach the Hon’ble Punjab & Haryana High Court for justice. It is only on strict directions of the Hon’ble High Court that the Project was reinitiated in February 2024.
They said that District Revenue Officer (DRO) Patiala was appointed as the Competent Authority for Land Acquisition (CALA) for this Project. Present incumbent, a new promotee, is being pressured by the DC, who is himself being maneuvered by the AAP State Government and the AAP MP candidate for Patiala Constituency, to give minimum compensation. The reason is that 50 percent of the land acquisition costs are to be borne by the State Government for land acquisition and their coffers are empty.
They said that DRO in the capacity of CALA holds a ‘Quasi Judicial’ status and is required to decide the compensation in an independent manner resisting any extraneous pressures. It is his/her responsibility to determine a fair compensation award to the farmers in accordance with Sections 26 to 30 of RFCTLARR Act, 2013. They said that the present incumbent is constantly consulting and obtaining directions from the DC and Project Director NHAI regarding the compensation to be awarded. It is noteworthy that NHAI is itself an interested party and, as such, its involvement in working out of compensation by the CALA is illegal and against all norms of jurisprudence. They said that they have learned that CALA has already forwarded two drafts to NHAI for approval; the second one after making downward amendments as directed by NHAI. This is flagrant and coloured misuse of authority by Punjab Government in collaboration with NHAI; consequently poor farmers will be the sufferers.
Whereas the DRO/CALA, under the influence of the DC and NHAI, ordered all the
concerned Patwaris to exclude all the sale deeds that have been executed at higher rates in her opinion, as also exclude all ‘Registered Sale Agreements’ vide letter dated 05/04/2024. She is clearly in violation of section 26 of the RFCTLARR Act, 2013 and is ignoring the law that clearly states that ‘Highest value ‘Sale Deeds’ and ‘Registered Agreements to Sell’, in near village and near vicinity are to be considered to determine the base market rate’. The DRO (CALA) is deliberately ignoring all details and evidence provided to her of the prevailing market values in respect of these areas, apparently under the directions of higher authorities in the administration and Project Director NHAI. They further disclosed that Deputy Commissioner (DC) Patiala has confirmed to a group of farmers who approached him for justice, that rates being given to the farmers are between Rs 35 to 40 Lakhs per acre (including solatium, and other factors under the act). This amounts to a base market valuation of Rs 13 to 20 lakhs per acre which on the periphery of a major city like Patiala are ridiculously low.
Farmer said that the factual position is that market rates at the time of Notification 3A were much higher especially in the case of villages Rongla, Jahlan, Wazidpur, Kalyan, Inderpura, Lachkani, Daun Khurd, Bibipur, Daun Kalan (Rs 50 to 70 Lakhs per acre, further village such as Jassowal and Sidhuwal (Rs 1.5 to 2 Crores Per Acre) and various other villages on the National Highway 7 that is Chamarheri and Dhareri Jattan (Rs 3.5 to 4 Crores Per Acre). A serious rethink by the AAP Government is therefore absolutely necessary.
They said that it was shocking that eight years ago Badal government had awarded rate in the tune of 75 lakhs up to 2 Crores per Acre for the land acquired for Southern Bypass and now after eight years they are being denied what is their legal right. They said that it is surprising that the administration is now working at base rates of Rs 18 to 20 lakhs
per acre.The authorities are ignoring all the relevant data and criteria laid down under
section 26 of the RFCTLARR Act, 2013.
Farmers have been running from pillar to post and have approached all concerned in the
administration from DRO(CALA) upwards to DC Patiala, as also in the Government from the CM down to the local MLA (who is now the AAP candidate for Lok Sabha elections).
However, all their pleas have fallen on deaf ears with the CM not even giving a hearing
despite having been approached by the farmers on seven occasions and Dr Balbir Singh Saini totally ignoring them.
They said that the low Compensations will result in farmers refusing to give possession of their lands to the government.
They said that as per existing rates and law of the land they should be awarded minimum of Rs. 2.88 crore per acre price of the land and maximum as per prevalent laws.
They also disclosed that Patiala MP Preneet Kaur took them to Union Transport Minister Nitin Gadkari who also expressed helplessness and said that they can provide compensation of their share only and determination of land acquisition price and share of state government has to done by the state only.
They said that if both these governments failed to give them their compensation as per their legal right, they will start an agitation against both Centre and state government and they also urged all the farmer unions to come to their rescue so that they can get justice in the matter.