Skip to main content

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

Aliyabet island: Proposed as entertainment zone
By Rajiv Shah
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

Reducing emission? India among top nations whose coal as energy source going up

By NS Venkataraman*  The State of the Global Climate report by the World Meteorological Organization (WMO) confirmed that the year 2023 was the warmest year on record, with the global temperature of 1.4 degree celsius above pre-industrial 1850-1900 base line.

Lockdown 'total failure' of science more than of politics: Open letter on 4th anniversary

Counterview Desk  In an open letter to fellow academicians, scientists and medical practitioners in India, marking the fourth anniversary of India's lockdown (25 March 2024), the Managing Committee* of the Universal Health Organisation (UHO) has insisted on the need to "repair two years of immense damage to science".

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Wrong direction': Paris NGO regrets MNC ArcelorMittal still using coal-based steel

By Rajiv Shah  A new report by Paris-based non-governmental research and campaigning organization, Reclaim Finance, has blamed the MNC ArcelorMittal – formed in 2006 following the takeover and merger of the western European steel maker Arcelor (Spain, France, and Luxembourg) by Indian-owned Mittal Steel – for using use “climate destructive” metallurgical coal for its projects in India.

Attack on foreign students: Gujarat varsity's reputation, ranking at stake, say academics

Counterview Desk  Expressing anguish over the attack on international students in Gujarat University hostels, a letter claimed to have been signed by 122 current and former academics has asked the Gujarat Vice Chancellor, Dr Neerja Gupta, to provide emotional support to the attacked students and to ensure their physical safety.  

Poor private sector engagement 'impacting' carbon pricing policy in Global South

Counterview Desk  The joint report by Environmental Defense Fund and Observer Research Fund, "Navigating Carbon Pricing: The G20 Experience and Global South Prospects", delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South.  The report claims to provide insights and recommendations for effective carbon pricing strategies in diverse economies.  A note: The Environmental Defense Fund (EDF) and Observer Research Foundation (ORF) have launched the Navigating Carbon Pricing: The G20 Experience and Global South Prospects” report. The report delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South. The report offers a comprehensive analysis of various carbon pricing instruments currently in existence, providing valuable i