Skip to main content

Stay granted on eviction of cattle breeders of Aliyebet, proposed as Modi's El Dorado in 2010

In a major relief to 101 families residing at Aliyabet village, situated in the vicinity of the industrially-hyperactive Dahej region of South Gujarat, the state High Court has stayed the state forest department’s 14-year-old order to evict them from their land, calling them “illegal encroachers.” Claiming to be using the land for cattle breeding, their only occupation, for the last 60 years, the villagers received a major relief following Justice CL Soni order granting “interim protection” to the affected persons, asking the authorities “not to evict petitioners from the land till the final disposal of the civil suit pending in the civil court, Bharuch.”
The case was argued in the Gujarat High Court by senior advocate Shilpa R Shah for the affected families, who had approached an NGO, Centre for Social Justice, Ahmedabad, for help.
Aliyabet shot into prominence in December 2008 when a huge area next to the village, Aliyabet island, was proposed by Gujarat government officials as one of the sites for the mini-Japan they claimed Japanese investors wanted to set up in the state. The proposal was forwarded to the Japanese Export Trade Organisation (JETRO) at the Vibrant Gujarat business summit in 2009. The Japanese, who visited the site, did not like the location, and were more keen, instead, to set up a “mini-Japan” township next to the Dholera special investment region in Ahmedabad district. Dholera has been on agenda as one of the major “smart cities” of India.
Later, top international consultants, Mott MacDonald, identified Aliabet as an “ideal location” for a special investment region (SIR) for two sectors — entertainment and aquaculture. In a report it submitted to the Gujarat government in 2010, the consultants said, it was possible to set up a resort, a golf course, a film city, an amusement park and an integrated sports complex on this no-man's land. A 169-square-kilometre open space, surrounded by water from three sides and situated in the mouth of Narmada river in the Bay of Khambhat, Aliabet ceased to be an island several decades ago as silt gathered on one side changed the course of the Narmada river.
To build all this, the consultants said, it would be necessary to “landfill” the area in order to increase its height by 1.5 metres to three metres. To cost Rs 1,585 crore, the landfill was “necessary” as large portions of Aliabet turned into a wetland during monsoon. Even during high tide in the Gulf of Khambhat, water seeps into five different natural ponds existing in Aliabet. The eviction notice served on 101 residents of the Aliyabet village on July 2, 2000, apparently, came handy on the Modi government to further its idea of “clearing the area” of cattle breeders, many of whom would come from rest of India, as it’s was supposed to be of excellent quality.
The notice was initially served by the range forest officer to five members of the community, stating that within seven days of receipt of this notice, “all huts and mosques would be removed from the Aliyabet area and legal proceedings would be initiated”. One of the elders from the village, Hasanbhai Habbibbhai Jat, took the lead in filing a civil suit in a Bharuch court on behalf of 101 families residing at Aliyabet village. They sought a permanent injunction from the court to the effect that the “suit property” (land) was in their possession, and the petitioners had become the owners of the land “by way of adverse possession”. The petitioners also said the land may be declared waste land and the respondents (state government) be restrained from evicting them from the land.
The petitioners also made an application for interim injunction, which was rejected by the additional senior civil judge, Bharuch on July 12, 2006. This made them appeal in the district court, Bharuch, where too the plea for interim injunction was rejected, forcing the petitioners to approach the High Court, saying they should be given “permanent injunction”. The High Court set aside the local courts’ orders and granted “interim protection in the interest of justice”, the advocate said. The High Court order restrained “the respondents from eviction and dispossessing the petitioners from the suit property, pending the admission, hearing and final disposal of the petition.”
In their appeal before the High Court, Aliyabet residents said that effort to evict them of the Aliyabet residents was “against the principles of natural justice and provisions of law, without application of mind, atrocious, illegal and improper.” The notice to evict them was served to them despite the fact that they were in possession of all necessary documents, including ration cards, voter ID cards, fishing license, and are on record of using the land for cattle grazing as far back as 1916, for which they were issued receipts in 1916 and 1960. Despite all this, and other proofs, including maps, the petitions were declared “illegal encroachers.”
Aliyebet residents argued, “Even if it is to be believed that the petitions are illegal encroachers, they cannot be evicted and dispossessed of the suit property without following any procedure of law or by giving alternative accommodation.” It adds, “In several cases of illegal encroachment, the government has come out with various alternative schemes/ accommodations to protect the interest of such persons.”

Comments

TRENDING

Why predictions of an imminent collapse of the Russian economy may be wrong

A veteran Canadian journalist, settled in Russia, stated in a Facebook post that President Donald Trump "is apparently listening to experts who tell him that Russia's economy is on the verge of 'imploding,' and if he just squeezes a bit harder," his Russian counterpart Vladimir Putin "will fall into line."

Talking of increased corporate control over news, Rajdeep Sardesai 'evades' alternative media

When I received an intimation that well-known journalist Rajdeep Sardesai was to speak at the Ahmedabad Management Association (AMA) on February 2, my instant reaction was: I know what he is going to say—his views are quite well known; he wouldn’t be saying anything new. Yet, I decided to go and listen to him to catch his mood at a time when the media, as he (and I) knew it, is changing fast due to the availability of new technological tools that were not accessible even a decade ago.

DeepSeek censors uncomfortable queries on China, but why's Gemini so touchy on India?

The powerful Chinese AI app DeepSeek, which has taken the Silicon Valley by surprise, as it has capacities matching Google’s Gemini and Open AI's ChatGPT, is being criticised for restricting free speech, and rightly so. It is being said that those signing up for the chatbot and its open-source technology "are being confronted with the Chinese Communist Party’s brand of censorship and information control."

Gujarat a police state? How top High Court advocate stunned a senior-most journalist

Rajdeep Sardesai, Anand Yagnik This is a continuation of my earlier blog on well-known journalist Rajdeep Sardesai's lecture in memory of the late Achyut Yagnik at the Ahmedabad Management Association (AMA). I was a little surprised when I received the intimation about the venue for the lecture.

5% poor in India? Union govt claim debunked, '26.4% of population below poverty line'

A recent paper, referring to the Household Consumption Expenditure Survey (HCES) 2022-23 of the Government of India (GoI), has debunked the official claim that poverty has substantially declined. Titled "Poverty in India: The Rangarajan Method and the 2022–23 Household Consumption Expenditure Survey", the paper —authored by scholars CA Sethu, LT Abhinav Surya, and CA Ruthu—states that "more than a quarter of India’s population falls below the poverty line."

Gujarat's water anarchy? 16.7% of Narmada water going to industry, 33% of targeted area irrigated: Govt insider

The Narmada project is something that has always excited me, including how much water will be distributed and to which sector. A few days ago, when I was talking to a top Gujarat government insider, I was a little surprised when I was told that it is up to the “respective states to decide how much Narmada water they would distribute among various sectors” out of the total quota allocated to the four states—Madhya Pradesh, Gujarat, Maharashtra, and Rajasthan—as per the Narmada Water Disputes Tribunal award of 1979.

Russians at a Bali yoga camp to avoid drafting for war? Things aren't any different in Ukraine

Are people in Russia becoming frustrated with the prolonged war in Ukraine? And is the war having a similar impact on the people of Ukraine? I have no firsthand information about this, but it is well known how nationalist hysteria often seeks to conceal such frustration, particularly among the youth.

I'm flattered: A New York media house claims I was a KGB agent! Wow, I didn't know that

I was astonished, let me say pleasantly surprised, on receiving a comment by Rich TVX News  on my blog   "Why predictions of an imminent collapse of the Russian economy may be wrong" (January 28).  I don't know who wrote the strange comment from this "media house", which is based in New York, and claims to "hold sway not only among the masses but also within global corridors of power, influencing esteemed politicians and shaping international diplomacy, especially evident during pivotal events like the ongoing crisis in Ukraine."

A shocker for parents? Rush for 'prestigious' varsity degrees to reduce; instead, industry may prefer skills

Recently, I had a conversation with a senior researcher working on a project for a consumer goods multinational corporation (MNC) at one of the top institutes abroad. Insightful and articulate, he holds a PhD from a prestigious university and has a remarkable ability to analyze social dynamics. I am withholding his name because our discussion took place informally during a friend’s lunchtime gathering.