NGO criticises Nandigram, Singur handling

Provisions of the Land Acquisition Act were not strictly implemented by the state government while acquiring land for the Tata Motors' Singur plant while there was violation of human rights in the Nandigram incident, says Justice on Trial (JOT), a Ahmedabad-based non-governmental organisation comprising former chief justices, former high ranking police officials, and social activists.

JOT set up an inquiry into the incidents of Nandigram and Singur, and came up with disturbing findings.

The seven-member committee constituted to probe into the matter included M Ramkrishna, former chief justice of the state of J&K and Assam, S M Soni, former judge of Gujarat High Court, P C Dogra, former director general of police of Punjab, and Nafissa Hussein, former member of the National Women's Commission.

The fact finding committee visited affected areas to collect information, and was of the opinion that the rule of law faced severe challenges at Singur and Nandigram.

JOT's report, presented to the President of India too, said legal procedures were not followed especially with reference to the Land Acquisition Act, and that the process of possession of land was un-democratic.

JOT was of the opinion that the policy of the Special Economic Zones (SEZ) and acquisition of land for SEZs was done despite the agricultural economy.

Before acquiring fertile agricultural land for SEZ, a balance between destruction of fertile land and installation of industry had to be found.

S M Soni contacted the secretary of Association for Protection of Democratic Rights (APDR) which had filed a petition in the Calcutta High Court together with Pashchim Banga Khet Majoor Samiti.

In that case, the High Court told the state government, "It seems that the Police department which is under control of the home department is not even aware of the existence of Article 21 of the Constitution of India", which guarantees that no person will be deprived of life and liberty except according to the procedure established by law.

The court added, "Oblivious of this guarantee, the police had resorted to gun-firing on a large crowd protesting against acquisition of their land. We are satisfied that this action of the police department is wholly unconstitutional and cannot be justified under any provision of law. Such kind of force cannot be justified except in the case of armed insurgency or war-like situation. Innocent villagers can hardly be put in to the aforesaid brackets."

Jaydeep Mukherjee, general secretary of All India Legal Aid Forum, alleged provisions of the land acquisition Act were not followed in Singur.

The specific provision of the Act that a person interested in the land to be acquired had to be heard, was ignored.

Most of the Singur land was not mutated in the names of those who cultivated and earned a living from it.

In some cases, land users had bought land from the original owner by a registered sale-deed, but their names did not feature in mutation records.

Cheques of compensation did not reach them, said the JOT report citing examples like Hardhan Bagh, a farmer who had committed suicide after his land being forcibly acquired for the Tata plant.