Messages In This Digest (4 Messages)
- 1a.
- Story of 28 years of Struggle for Compensation From: cgnet
- 1b.
- Re: Story of 28 years of Struggle for Compensation From: rahul
- 2.
- Re: the underside of development From: rahul
- 3.
- Happy Holi to all From: Gishu
Messages
- 1a.
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Story of 28 years of Struggle for Compensation
Posted by: "cgnet" [EMAIL PROTECTED]
Sat Mar 3, 2007 7:18 pm (PST)
A Factual Story of 28 years of Struggle for Compensation for land submerged in a minor irrigation project at village Kansa, Tahsil-Dabhra District Janjgir-Champa, Chhattisgarh.
(Typed on 03/03/07)
The facts of the case are as follows: -
a.. In March 1976 under Ceiling Act, 14 acres of land (Khasara No.415/1of Kansa village) belonging to Keshav Chandra (the former land-lord gautia) of village Kansa, Tahsil-Dabhra, District-Janjgir of Chattisgarh was taken over by the then state government of Madhya Pradesh under Ceiling Order [Revenue Case No. 60/A-90 (B)/74-75] dated 27/03/06.
b.. In 1977 this land (Khasara No. 415/1) was divided among 11 landless people by the state government. Of these 10 people got 1.25-acre land and one got 1-acre land. Thus 13.5 acres of land was distributed. This distribution of land was done under the final order of Revenue Case No.38/A19/76-77 in which documents giving land rights dated 08/08/77 was given to each person by the Tahsildar of Sakti (as the former Tahsil of Kansa village was Sakti. Now it is under Dabhra Tahsil). The people took possession of the land and cultivated it. The names of these people and their new Khasara Nos. are as follows:-
a.. Aghori Das s/o Pochava Das --- 415/1a ---- 1.25acres
b.. Sain Das s/o Garib Das ------ 415/1b ---- 1.25acres
c.. Kushva Das s/o Paharu Das ----- 415/1c ----- 1.25acres
d.. Bittal Das s/o Sonsai ------ 415/1d ----- 1.25acres
e.. Dalpat Das s/o Jhanku Das ------ 415/1e ----- 1.25acres
f.. Pila Bai. d/o Jhanakram ------- 415/1f ----- 1.25acres
g.. Itwari Das s/o Gulli ------ 415/1g ----- 1.25acres
h.. Noni Bai w/o Rasiaram ------ 415/1h ----- 1.25acres
i.. Ghasiaram s/o Sukhiram ------ 415/1i ----- 1.25acres
j.. Thibu Das s/o Sukhiram ------ 415/1j ---- 1.25acres
k.. Lalita Prasad s/o Sanghoram ------ 415/1k ----- 1 acre
a.. The Irrigation/Water Resource Department of the then state government of M.P. claims to have taken possession of these above-mentioned lands on 30 January 1979 by building Ghatoi Dam (a minor irrigation project) across Ghatoi nala (stream) and this whole land got submerged in water. The people became once again land-less. This was done in contravention of Land Acquisition Act (LAA). No notification under Section 4 of LAA was ever published. Ever since the illegal taking of possession by the state in January 1979, of the only source of livelihood of the people, Fundamental Rights guaranteed under Article 14, 21 and 31A has been violated.
a.. Due to the consistent struggles by the victims for just compensation, it took almost 25 long years for the state government to register Land Acquisition Case No 11/A/82/1999-2000 and begin the legal proceedings for the acquisition of land as required under LAA.Thus, notification under S.4 of LAA (dated 29/8/02) was published in the state Gazette of Chhattisgarh on 27 June 2003 and 2 daily Newspapers for the first time after nearly 25 years of the unjust and illegal occupation of land by the Irrigation/Water Resource Department. Before this no notification under S.4 of LAA was ever published.
a.. On10 October 2003 declaration (dated 15 September2003) under S.6 of LAA was published in the state Gazette of Chhattisgarh.
a.. On 29/12/03 Notices under S.9 of LAA was served on the victims who filed their replies immediately with the Land Acquisition Officer (LAO)-cum-Sub-Divisional Officer (SDO) (Revenue) of Dabhra.
a.. In January04, the Executive Engineer of Water Resource Division, Janjgir gave an amount through cheque No B186470 dated 24/01/04 to SDO (Rev.) Sakti, as part of the compensation to be distributed to the victims.
a.. On 18th March04, after having tried several times to get their compensation, the victims staged a protest rally before the SDO cum LAO at Dabhra. In what followed, the victims were put behind bars on cooked-up charges, which included charges of decoity, attempted murder etc. In mid-June they were released on bail after 3 months in prison at Bilaspur. The hearing of this criminal case (criminal case No. 230/06) is still going on in the Additional Sessions Court, Sakti.
a.. On 16/04/04, while the victims were languishing in the prison at Bilaspur, Chandra Kumar Chandra and Sashi Chandra, the sons of Keshav Chandra (former land-lord of Kansa village), filed a civil-suit (No 46A/04) in the Civil Court Sakti. In the plaint they clamed that the land mentioned above belong to them and so the compensation for it must be given to them. The suit is filed against Chhattisgarh government, SDO/LAO Dabhra and Executive Engg., Water Resource Division, Champa. The victims had no knowledge of such a suit as they were in prison in Bilaspur with no hopes of getting out of it.
a.. On 30th April 2004, after the big commotion on March 18th 2004 (which had become front-page news in most news-papers and also on TV), the LAO made an "award-proposal" dated 30th April 2004 regarding the compensation to be paid and sent it to the District Collector (of Janjgir-Champa) for his approval.
a.. On 15th May the Collector refused to give approval to the proposed award because the LAO had not calculated the interest on the compensation money from the date of possession of the said land by the Water Resource Department.
a.. On 26/10/04,replying to the plaint filed by Chandra Kumar and Sashi Chandra, the SDO Sakti (on behalf of the Chhattisgarh Government), clearly establishes that the plaintiffs has no legal right to claim compensation as their land was acquired by the government under Ceiling Act in March 1976 and that the land so acquired was distributed to the victims (as mentioned above). So the compensation belongs to the victims and not to the plaintiffs.
a.. Writ No.4658 was filed in the High Court (HC) Bilaspur in December2004. It was admitted in HC on 7/01/05 and Notices issued to the Respondents on same date. But there is no response from the Respondents. Nor is there any further action by HC.
a.. On December 31st 2004, the LAO/SDO(R) Dabhra made another "award-proposal" on the compensation to be paid and sent it for approval to Collector (Land Acquisition) Janjgir-Champa on 05/01/05 for approval. This was sent back to Dabhra LAO/SDO(R) by the Collector for some minor corrections and clarifications on 3/02/05.
a.. On February 2005, the victims get notices from the Civil court Sakti asking whether they be made party to the Suit filed by Chandra Kumar. They are asked to appear before the Civil Judge on 10/03/05. It is then that the victims come to know for the first time that Chandra Kumar and Shashi have filed a suit claiming compensation, which is due to the victims.
a.. On 21/11/05 one of the victims, Mr. Aghori Das, in order to establish conclusively that the land of the former landlord of Kansa village Mr. Keshav Chandra, (whose sons has filed the civil suit) was acquired by the then state government of M.P. under Ceiling Order [Rev. case No. 60/A-90 (B)/74-75] dated 27/03/76, applied for a copy of the same under Right to Information Act, 2005 (RIA). But till date even after the decision (dated 24/04/06) on the 2nd Appeal to the Sate Information Commissioner (SIC) Raipur, this is not yet provided and that too in spite of repeated orders by the SIO Raipur. The LAO/SDO (Rev) of Sakti/Dabhra Mr. KL Chauhan says that the Ceiling Order is missing from the record room of Sakti Sub-Divisional (Rev.) head quarters.
a.. On 16/01/06 one of the victims, Kachara Das, had applied for a copy of this "proposed Award" under Right to Information Act 2005(RIA). But in spite of the 2nd Appeal under the RIA in May 2006, to the State Information Commissioner (SIC) Raipur, the copy of the award was not provided to the victim as the officials claimed that it was missing from the file. Later, after stern warning by the SIC Raipur, the LAO/SDO (Rev.) Dabhra/Sakti, Mr. KL Chauhan finally gave a copy of the "proposed Award" to the victim, Mr. Kachara Das on 10/08/06 after a long struggle of 7 months. The SIC imposed a penalty of Rs.1, 000 on Mr. KL Chauhan and asked him to pay Rs. 250 as compensation for the mental agony suffered by Kachara Das. But till date this compensation has not been paid.
a.. On 07/12/05 the victims enquired under RIA as to why compensation is not being given to them. The Tahsildar of Dabhra on behalf of the SDO/LAO informed them in writing that only after the civil suit is finally settled, can compensation be given. But till today no hearing has taken place in the Civil Court on the reply filed by the Petitioners.
a.. On 31/01/06 reply (under Order 1 Rule10 of Civil Procedure Code) to the notice of Civil Court was filed in the Court stating that the plaintiffs have no cause to bring a plaint on the issue concerned as the land was acquired from them by the government under Ceiling Order dated 27/03/76 and that the land was distributed by the government to the victims in 1977.The Irrigation/Water Resource department took (illegal) possession of it from the victims in 1979 and the legal procedures for the acquisition of the said land under LAA was initiated for the 1st time by the government only with the publication of Notification under S.4 of LAA on 27th June 2003.
a.. On 06/07/06 Sain Das another victim applied for a copy of the government order for distribution of land to the land-less in 1977 (the final decision on Revenue Case No 38/A-19/76-77) as it was under this order that the land-less victims were distributed 1.25 acres of land which later got submerged under water. But so far even after the second appeal to the State Information Commissioner, Raipur on 31/10/06, he has not yet received the copy of this order. During the hearing of the case before the SIC, Raipur, the Tahsildar of Dabhra Tahsil, tried to establish (in his written statement) that the said case is a fake one and so the information requested for cannot be provided. So the SIO has ordered the Collector to verify the authenticity of the said Rev.Case and if found authentic, to give a copy of it to the victims within one month. From confidential sources it is learnt that both the Ceiling Order and the Order for the distribution of land are mysteriously missing from the record-room, Sakti.
a.. On 03/08/06 the "proposed Award" was once again sent to the Collector of Janjgir-Champa with the clarifications sought by the collector.
a.. On 21/08/06 the Collector once again refused to approve of the "proposed Award mainly on the ground that more than 2 years has passed after declaration under S.6 of LAA was published. Based on the fact that the Award could not be passed within 2years of the date of publication of declaration under S.6 of LAA, the LAO cum SDO (Rev.) of Dabhra (Mr. A Lakra) has decided to once again start afresh the Land Acquisition proceedings beginning with the publication of notification under S.4 of LAA. Thus this is the beginning of another endless delay-strategy.
a.. On 25/01/07 the victims have filed an application (PR No. 1282/07) before the High Court Bilaspur, for listing their writ-petition W.P.No.4658 out of turn for urgent hearing. But so far no action has been taken.
a.. That all the victims are extremely poor, living below poverty line and some of the victims: Nonibai (68 years), Dalpat Das (73 yr.), Itwari Das (66 yr.), Itwari Das, S/o Bhittal Das (57yrs.), Aghori Das (In late fifties) have become very old and infirm owing mainly due to their poverty and mental tensions involved in their struggles for justice since almost last 28 years.
a.. That, Chandra Kumar is trying to prolong the proceedings of the civil suit in spite of the reply in favor of the victims by the government. So clearly, this is only malicious litigation, engaged by Chandra Kumar to harass the poor landless victims by delaying the payment of compensation. Chandra Kumar has sent word that unless 20% of the compensation is given to him he will prolong the litigation for years and if needed appeal to H.C. and S.C. According to the "proposed Award" dated 31/12/04; this will come to be nearly 8 lakhs Rupees. With the mysterious disappearance of vital documentary evidences, the victims struggle for justice has become all the more difficult, if not impossible. In the meantime many middle-men are approaching the victims saying that if at least 50% of the compensation (Which amounts to almost Rs 20, 00.000 according to the "proposed award" dated 31/12/04) is distributed among them and the government officials, police and the bank officials, then the compensation can be released within one month. This shows a deep nexus between Chandra Kumar, middlemen, govt. officials of the Rev. Department and even presumably the lower judiciary for prolonging the case. This also explains the mystery behind the missing documents and why the Public Information Officers (Revenue) prefer a penalty of mere Rs 25,000 as he is definite of a higher commission from the Petitioners. One cannot but stop wondering as to who is running the government: the executive and the judiciary or the all-powerful middlemen who thrive on this corrupt system.
a.. In the whole process, the poor landless victims are facing multiple court proceedings since last 3-4 years:
a.. In the High court Bilaspur (W.P. No. 4658)
b.. In Additional Sessions Court Sakti ( Case No 230/06)
c.. Civil Court Sakti ( Civil Case No. 46A/04)
d.. State Information Commissioner Raipur.
They have to pay the travel-expenses, the expenses for Advocates fees, etc in their fight for justice. After selling their precious little belongings, they have to take heavy loans at exorbitant rates of interest to meet expenses incurred in this struggle. And all these because of the inaction, corruption and lack of accountability and responsibility of the State govt. employees. The victims, whos Fundamental Rights (under Art. 14, 21and 31A), has been violated since 1979 continues to live a sub-human existence with no hope except a prompt decision by the Honorable Court. The greater the delay the greater the complications resulting in increased mental agony and harassment of the victims. The Question is how one can make the beurocrats and the government officials accountable for this undue delay, missing documents and files. Will the government pay the expenses incurred by the victims in their fight for justice? Will the government or any of its officials pay any compensation for the terrible mental agony faced by these poor victims for such a prolonged delay of almost 28 years? Clearly justice delayed is justice denied!!
( Thanks to Josy Abraham for sending this story)
- 1b.
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Re: Story of 28 years of Struggle for Compensation
Posted by: "rahul" [EMAIL PROTECTED] aarohini
Sat Mar 3, 2007 9:49 pm (PST)
Yet another heart rending story of the "rule of law" not functioning for the poor. I have found that litigation for the poor has to be funded from outside if one is to get anything out from the state. There is a lot of talk of pro-bono legal aid but that is all hogwash. Such free legal aid is of very poor quality and does not get any results. One has to pay through the nose to appoint the top lawyers if one has to get a favourable judgment from any court. I myself am burdened with ample cases of my own for the adivasis here and cant contribute anything. But I would appeal to other members of this group who can do so to please take this up as a test case and employ some top lawyer to push it in the High court because that is the only place where there is some hope of getting justice. We all complain all the time about what CGnet can do on the ground. Well here is a fit case in which we can all contribute.
rahul
Rahul Banerjee
74,Krishnodayanagar,Khandwa naka,Indore, Madhya Pradesh, India-452001
Cell no: +919425943023
webpage: http://rahulbanerjee.notlong. com
- 2.
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Re: the underside of development
Posted by: "rahul" [EMAIL PROTECTED] aarohini
Sat Mar 3, 2007 7:18 pm (PST)
since you are shelling out a quarter of a million dollars already why dont you add a few more dollars to the leakage directed towards the cgnet collective which is running on a shoestring!
rahul
Rahul Banerjee
74,Krishnodayanagar,Khandwa naka,Indore, Madhya Pradesh, India-452001
Cell no: +919425943023
webpage: http://rahulbanerjee.notlong. com
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- 3.
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Happy Holi to all
Posted by: "Gishu" [EMAIL PROTECTED] mgirishin
Sat Mar 3, 2007 8:38 pm (PST)
Let's play colors not with blood...chattisgarh ki mati vese bhi lal
hai lekin yaha ka lal behal hai,dhanywad cgnet kam se kam
chattisgarh ko door bethe yad lar lete hai, lekin halat per khoon ke
ansu pite hai, I would like to mention somehting here History talks
about Charles de Gaulle's struggle during World War II. After
invading France, Hitler's forces occupied Paris, the flower of
European art and culture, on June 14, 1940. Nazi swastikas replaced
the red, white and blue French flag and the pounding of German
soldiers' boots could be heard echoing through the Arc de Triomphe.
It was a day of bitter indignity that world remains indelibly etched
in the hearts of proud French People.
After the fall of Paris, Marshal Philippe Petain, Commander of
French forces, formed a new government and sought an armistice with
Germany. He had capitulated to Hitler. In a radio broadcast, Petain
informed the French people of the nation's inevitable defeat and his
intention to sign an armistice with the Germans, declaring that
Franc must stop fighting.
What would happen to France now? The French people were overwhelmed
with despair and humiliation.
But soon after this, on the evening of June 18, a man's voice came
over the airways across the straits of Dover from London, The voice
declared that the struggle was not yet over, and called on the
French people to continue the war against Germany.
Whatever happens "he called out the flame of French resistance must
not and shall not die".
The voice belonged to 49 year � old French general Charles de
Gaulle. In his native France, he was a nameless military man, yet he
formed a free French government in � exile and pledge to wage an all
out resistance campaign against the German forces.
Day after day, he appealed through his broadcasts to the people of
France to struggle for their freedom, to stand together in
solidarity. To give up the struggle, he cried, would not only mean
surrender, but servitude, it would be tantamount to delivering
themselves, bound hand and foot, over the enemy.
It was faint voice that came cracking over the airways making its
way past enemy jamming stations, but it was a voice of hope that
awakened the courage in the people's hearts during those dark days
of German occupation.
The world applauded these broadcasts and many French compatriots
rallied to the cause. But the Petain government, which had
capitulated to the Germans, tried de Gaulle in absentia and
sentenced him to death for treason for defying the government's
position.
Justice is the greatest enemy of ruthless authoritarian Power
De Gaulle did not retreat a single step. After negotiating with the
British Prime Minister Winston Churchill, and the United States
President, Franklin D. Roosevelt, he won support for his Free France
movement. He also doggedly continued his radio broadcasts.
CGnet is the same soul of broadcasing person, we all know that
person came back to france with power and done all good work...keep
on doing good work team CG net one day we will see through this
tipping point.
Girish
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