Skip to main content

Activists 'wrong', Gujarat HC order on bullet train insisted on 'adequate' compensation

Yagnik with JICA officials
By Our Representative 
Senior High Court advocate Anand Yagnik has taken strong objection to what he calls some “Gujarat-based activist friends, more known for computer activism, who are happy that we lost matters of bullet train.” Claiming that they are “spreading misinformation out of malice to the people of India and Japan”, he regrets, “Unfortunately, this NGO hazard enjoys freedom of expression”.
Yagnik is a top petitioner on behalf of the farmers affected by the Mumbai-Ahmedabad bullet train project, funded by the Japanese International Cooperation Agency (JICA). JICA officials recently handed over a crucial report to Yagnik on a meeting they had with the aggrieved farmers affected by the project. The state government earlier denied handing over the report.
Without naming anyone, Yagnik, in a message to a WhatsApp group, says, these activist friends “may read the last paragraph of the judgment”, stating, these “friends”, who have their “base in Ahmedabad and other parts of Gujarat and felt left out in the bullet train initiative”, should stop misinformation, warning, “Or else their names will be disclosed with evidence of misinformation and twisted information.”
The last paragraph of the High Court order on bullet train, forwarded by Yagnik, even as dismissing 100 plus pleas, says, “However, this judgment shall have no bearing on the future of issues which arise about adequacy of compensation”  (click HERE for full order).
It continues, “Further, the state government is expected to keep in mind that the most important factor which should with the authorities is about fair, adequate and reasonable compensation to be paid by following a transparent procedure under the provisions of the amended Act read with the Central Act, 2013 which the land is acquired for public purpose keeping in mind provisions of Article 300A of the Constitution of India.” 
Last paragraph of the judgment
It also says that it should be “borne in mind that such compensation is paid in respect of similar types of land situated in the immediate adjoining areas when it was acquired by the National Highways Authority or any such Central or state government authorities.” 
The Central Act referred to by the judgment refers to the is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, while its amended Gujarat Act, cleared by the President of India in 2016, “dilutes” the Centre's stringent provisions of LARR. It does away with social impact assessment and consent clauses for acquiring land parcels for public projects.
Article 300-A provides that "no person shall be deprived of his property save by authority of law", even as ensuring that the right to property "is a constitutional/legal right/as a statutory right, and in the event of breach, the remedy available to an aggrieved person is through the High Court."
Top environmentalist Rohit Prajapati of the Paryavaran Suraksha Samiti, a Vadodara-based NGO, in a “quick reaction” to the Gujarat High Court judgment had dubbed the Gujarat High Court judgment on the acquisition of land for Prime Minister Narendra Modi’s pet 508 km-long Mumbai-Ahmedabad bullet train project, dated September 19, as “bad in law, spirit and undesirable”.
Prajapati regretted that the judgment “reads like a recording of the proceeding and at the end opinion of the court and not like a well-conceived comprehensive judicial order”, adding, “Crucial principles of the law of the land, legal and other issues raised in the Petition are not dealt within proper legal framework, either in letter or in spirit”.
He added, “A critical and complex matter has been narrowed down to simple opinion by the court without a sound basis, critical examination of all the facts, factors, democratic process of decision making, social and environmental impacts.”
Prajapati further said, “All in all, the judgment not only sets a bad precedent, but also has severe and grave impacts as well as short and long-term consequences for the project affected people, justice and the environment (including biodiversity).”

Comments

TRENDING

ISKCON UK 'clarifies' after virus infects devotees, 5 die due to big temple meet

By Rajiv Shah
The International Society for Krishna Consciousness (ISKCON), United Kingdom (UK), has admitted that at least 21 of its devotees were infected because of the spread of the coronavirus amongst the UK devotee community following the March 12 funeral and March 15 memorial of the Bhaktivedanta Manor temple president, in which about 1,000 people participated. Regretting that five of the devotees have passed away, the top Hindu religious in Britain body does not deny more may have been infected.

As corona virus 'travels' to rural areas, NGO begins training tribals, marginalised women

By Souparno Chatterjee*
The World Health Organization (WHO) has declared corona virus a pandemic. Originating from Wuhan in China, it has traversed the entire globe, almost, and claimed more than 16,000 lives already. That’s largely the urban population. In India, despite all the preparedness and war-like promptness to safeguard against the pandemic, several lives have been lost , and hundreds of individuals have tested positive.

COVID-19: Dalit rights bodies regret, no relief plan yet for SCs, STs, marginalized

By Our Representative
In a letter to Prime Minister Narendra Modi, the National Dalit Watch-National Campaign on Dalit Human Rights, endorsed* by several other Dalit rights organizations, have insisted, the Government of India should particular care of the scheduled castes and tribes, trans folks, persons with disabilities and the women and children from these communities, while fighting against COVID-19 pandemic.

Idea of fair, tall, customized baby "rooted" in Nazi Germany, RSS' Golwalkar wanted crossbreeding with Brahmins

By Our Representative
Facts have come to light suggesting that the RSS’ experiment to have “fair”, “tall” and “customized” baby has an interesting Gujarat connection: It was first reportedly floated by its topmost ideologue Guru Golwalkar way back in 1960 while giving a lecture in Gujarat University.

Coronavirus scare ‘pushing’ people from Northeast India into more hardship

By Rishiraj Sinha, Biswanath Sinha*
“No one is born hating another person because of the colour of his skin, or his background or his religion. People learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.” – Nelson Mandela
***

Gujarat govt plan to 'banish' Gandhian activist anti-democratic, unconstitutional

By Rohit Prajapati*
The current Central and Gujarat governments, and their bureaucracy, have been and are still unable to answer and address the concerns raised, with facts, figures, and constitutional provisions, regarding the terror of tourism in the name of the Statue of Unity and tourism projects surrounding it.

Mallika Sarabhai releases speech she was 'not allowed' to give at NID Convocation on Feb 7

Counterview Desk
The National Institute of Design (NID) in Ahmedabad, a Ministry of Commerce and Industry body, landed itself in controversy following its decision to put off its 40th convocation ceremony, where noted danseuse Mallika Sarabhai was invited as chief guest. The ceremony was scheduled to be held on February 7.

Rani Laxmi Bai, Tatya Tope 'martyred' by East India Company, Scindia's forefathers

By Our Representative
In an email alert to Counterview, well-known political scientist Shamsul Islam has said that was “shameful for any political party in democratic India to keep children of Sindhias in their flock” given their role during the First War of Indian Independence (1857). In a direct commentary on Madhya Pradesh Congress leader Jyotiraditya Scindia moving over to BJP, Prof Islam has quote from a British gazetteer to prove his point.

Gujarat construction workers walk home as Rs 2,900 crore welfare fund lies unused

By Our Representative
Situated behind the Gujarat University, some of the families of the migrant construction workers from Dahod and Panchmahals districts of Gujarat, and a few from Rajasthan and Madhya Pradesh, who had stayed put in make-shift shanties in Ahmedabad’s sprawling GMDC Ground, have begun a long journey, by foot, back to their home villages in the eastern tribal belt of Gujarat.