Skip to main content

Farmers to lose 40% of land in non-town planning areas under Gujarat's common construction rules: Note

By Our Representative
The Gujarat government’s recent move to put into force Common Gujarat Development Control Regulation (GDCR) is all set to go controversial. If till now each city or urban area in the state had its own GDCR, the view has gone strong that, while normally anyone would welcome planned approach to development in the state, the state’s policy makers have chosen ad-hocism while coming up with Common GDCR.
Well-known civil rights activist Krishakant of the top environmental group Paryavaran Suraksha Samiti, Vadodara, who has circulated a note containing the type of objections that should be raised to Common GDCR, has said, already there are “a plethora of amendments being effected” to it, underlining, “This suggests that the government’s interest is not in the planning of spaces but the real estate value and advantage to their near ones.”
Pointing out that the Gujarat government “needs to be challenged on the way they are handling the urban spaces”, as the new Common GDCR intends to “interfere in rural areas too in a manner that can lead to chaotic development”, the note he has circulated wants objections to the Common GDCR should be sent the Principal Secretary, Urban Development Department, Government of Gujarat by May 25, 2018, as demanded by the government.
The note particularly raises objections to the Rule No 8.9.6 on Page 129, which talks of “contribution of land for any development in non-town-planning (TP) areas”.
Here, it says, there is a provision that “the competent authority shall enforce owners/applicants for any development in conformation with zoning or use, where the TP scheme is not declared except agriculture zone use and gamtal (village common land), competent authority … category shall enforce owners/applicant to contribute the land admeasuring up to 40% of land in … for providing roads, public purpose and multipurpose activities”.
The note says, “These Common GDCR rules are following Gujarat Town Planning and Urban Development Act 1976. In this original Act there is no provision of contribution of land by the owners/applicant of land in non-TP areas. Yet, after 42 Years of the Act how this contribution of 40% land provision is made in published Common GDCR?”
The note alleges, “The provision shall result in a big monetary loss, because no compensation would be paid to the original farmers who possess the land near to urban areas and such provision shall be not in accordance with the natural principles of justice.”
It adds, “By incorporating such provision, the government has avoided the procedure of acquisition of land and avoided payment of compensation to the farmers. This is an absolute case of violation of Articles 226 and 227 of the Constitution of India.”
The note further says, in cases where there is new tenure land, and the farmer has already paid premium to the government for change of use of land, he or she would have part with 40% of such land as contribution, “which will result in a big monitory loss to farmers.”
According to the note, “When a farmer applies for non-agricultural (NA) permission, he or she has to pay a big amount as conversion tax and other charges as scrutiny fee and development charges for taking permission from the authority.” Even here the authority would “enforce the famer to contribute 40% of such land … for the public purpose.”
“Moreover”, the note asserts, “This 40% land would be taken from each Serial No as and when required. It means, the land taken will be in fragments and will not serve the purpose of providing public amenity in a proper way.”
“So such contributed land shall not serve the very purpose for providing roads and public purpose and multipurpose activities, mentioned in this rule”, the note says, adding, “Even rule No 8.9.6 (2), (3) and (4) are absolutely hypothetical and such planning shall not be possible.”
“Thus, this provision is against the natural principle of justice, bad in law and hence should be removed from the Common GDCR”, it says.

Comments

TRENDING

Ganga world's second most polluted river, Modi's Varanasi tops microplastics pollution

By Rajiv Shah  Will the new report by well-known elite NGO Toxics Link create a ripple in the powerful corridors of Delhi? Titled “Quantitative analysis of microplastics along River Ganga”, forwarded to Counterview, doesn’t just say that Ganga is the second most polluted river in the world, next only to Yangtze (China). It goes ahead to do a comparison of microplastics pollution in three cities shows Varanasi – the Lok Sabha constituency of Prime Minister Narendra Modi – is more polluted compared to Kanpur and Haridwar.

Madhya Pradesh tops India's 145 instances of 'anti-Christian atrocities' this year

Counterview Desk  A report prepared by the Religious Liberty Commission the Evangelical Fellowship of India (EFI), founded in 1951 as the national alliance of evangelical Christians of the Protestant denomination, in its just-released report, “Hate and Targeted Violence against Christians in India: Half Yearly Report 2021”, has said that an analysis of 145 cases of violence it has documented against Christians, mainly by non-state actors, “stems from an environment of targeted hate.”

Pro-corporate? New GoI circular 'blatant attempt' to control Adivasi lives, livelihoods

By Hemant Das*  The Indian Community Activists Network (ICAN) condemns the anti-forest dwellers circular jointly issued by the Ministry of Environment, Forests and Climate Change (MoEFCC) and the (Ministry of Tribal Affairs (MoTA), Government of India (GoI) on July 6. 

Demolition drive: Why aren't high-end hotels, farmhouses treated same way as Khorigaon?

By Our Representative A public hearing, sponsored by the civil rights group National Alliance of People’s Movements (NAPM) to hear the affected citizens of Khorigaon, off Faridabad, Delhi NCR, has seen local people complaining how their houses are being demolished even as the entire area was converted into a prison through heavy police deployment.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Meaningful? Punjab govt's debt waiver offer for agricultural workers, landless farmers

By Dr Gian Singh*    On July 14, 2021, the Punjab government announced that it would hold a state level function on August 20 to waive the debt of agricultural labourers and landless farmers(pure tenants) of Punjab to the tune of Rs 590 crore. Prior to the 2017 elections, the Congress party had promised in its election manifesto and public speeches that the Punjab government would waive all the institutional and non-institutional debt of farmers and agricultural labourers of Punjab.

Why no human rights mechanism in South Asia, but other regions in world have them?

Counteview Desk A civil rights group, Peoples' Vigilance Committee on Human Rights (PVCHR), has floated an online petition  titled "Governments of South Asia: Time for the Establishment of a South Asian Human Rights Mechanism", stating that South Asian states should work towards the establishment of a regional mechanism for human rights at the South Asian Association for Regional Co-operation (SAARC) SAARC level in order to create better conditions for peace in South Asia.

How BSF, police, court turned Bangladeshi woman slave victim into accused in crime

Counterview Desk  Civil rights leader Kirity Roy has strongly objected to the manner in which the Border Security Force (BSF) , the police and the judiciary in West Bengal have treated a 35 years old Bangladeshi woman victim of human trafficking, who was subjected to sexual exploitation for 15 long years, has been declared guilty of violating the Foreigners Act, violating all human rights norms.

Covid impact on menstrual cycles? Young girls 'relapsing' back to unhygienic old-cloth rags

By Dr Sudeshna Roy*  Covid-19 pandemic has gripped the world in health and economic shock. Combating this public health crisis has diverted development resources earmarked for adolescents and the youth. India; having world’s second largest population; 1.38 crores as per UN mid-year 2020 estimation, also shelters the largest adolescents and young adult population, which at 243 million constitute 20% of the world’s 1.2 billion adolescent population.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".