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

Vaccine nationalism? Covaxin isn't safe either, perhaps it's worse: Experts

By Rajiv Shah  I was a little awestruck: The news had already spread that Astrazeneca – whose Indian variant Covishield was delivered to nearly 80% of Indian vaccine recipients during the Covid-19 era – has been withdrawn by the manufacturers following the admission by its UK pharma giant that its Covid-19 vector-based vaccine in “rare” instances cause TTS, or “thrombocytopenia thrombosis syndrome”, which lead to the blood to clump and form clots. The vaccine reportedly led to at least 81 deaths in the UK.

'Scientifically flawed': 22 examples of the failure of vaccine passports

By Vratesh Srivastava*   Vaccine passports were introduced in late 2021 in a number of places across the world, with the primary objective of curtailing community spread and inducing "vaccine hesitant" people to get vaccinated, ostensibly to ensure herd immunity. The case for vaccine passports was scientifically flawed and ethically questionable.

'Misleading' ads: Are our celebrities and public figures acting responsibly?

By Deepika* It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, the Supreme Court said as it recently clamped down on misleading advertisements.

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. 

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.

Palm oil industry deceptively using geenwashing to market products

By Athena*  Corporate hypocrisy is a masterclass in manipulation that mostly remains undetected by consumers and citizens. Companies often boast about their environmental and social responsibilities. Yet their actions betray these promises, creating a chasm between their public image and the grim on-the-ground reality. This duplicity and severely erodes public trust and undermines the strong foundations of our society.

'Fake encounter': 12 Adivasis killed being dubbed Maoists, says FACAM

Counterview Desk   The civil rights network* Forum Against Corporatization and Militarization (FACAM), even as condemn what it has called "fake encounter" of 12 Adivasi villagers in Gangaloor, has taken strong exception to they being presented by the authorities as Maoists.

Mired in controversy, India's polio jab programme 'led to suffering, misery'

By Vratesh Srivastava*  Following the 1988 World Health Assembly declaration to eradicate polio by the year 2000, to which India was a signatory, India ran intensive pulse polio immunization campaigns since 1995. After 19 years, in 2014, polio was declared officially eradicated in India. India was formally acknowledged by WHO as being free of polio.

No compensation to family, reluctance to file FIR: Manual scavengers' death

By Arun Khote, Sanjeev Kumar*  Recently, there have been four instances of horrifying deaths of sewer/septic tank workers in Uttar Pradesh. On 2 May, 2024, Shobran Yadav, 56, and his son Sushil Yadav, 28, died from suffocation while cleaning a sewer line in Lucknow’s Wazirganj area. In another incident on 3 May 2024, two workers Nooni Mandal, 36 and Kokan Mandal aka Tapan Mandal, 40 were killed while cleaning the septic tank in a house in Noida, Sector 26. The two workers were residents of Malda district of West Bengal and lived in the slum area of Noida Sector 9. 

India 'not keen' on legally binding global treaty to reduce plastic production

By Rajiv Shah  Even as offering lip-service to the United Nations Environment Agency (UNEA) for the need to curb plastic production, the Government of India appears reluctant in reducing the production of plastic. A senior participant at the UNEP’s fourth session of the Intergovernmental Negotiating Committee (INC-4), which took place in Ottawa in April last week, told a plastics pollution seminar that India, along with China and Russia, did not want any legally binding agreement for curbing plastic pollution.