The NLC in coordination with the state government agreed to pay ex-gratia compensation over and above the compensation fixed.
Published Aug 03, 2023 | 1:27 PM ⚊ Updated Aug 03, 2023 | 1:27 PM
Madras High Court. (Wikimedia)
The Madras High Court has fixed a sum of ₹40,000 per acre towards damage caused to the standing crops on account of Paravanar Canal Diversion activities carried out by the NLC India (formerly Neyveli Lignite Corporation) in Cuddalore district in Tamil Nadu.
The court also directed the affected farmers to approach the authorities, who in turn, were directed to pay the compensation amount on or before 6 August.
Justice SM Subramaniam passed the interim order and posted to 7 August further hearing on the petition by one Murugan seeking to restrain the authorities from interfering till the harvest of his paddy crop.
The judge said there was no dispute on the legal position that on the completion of the process of acquisition proceedings, the land absolutely vests with the government. And, thereafter, the erstwhile owners of the land have no right to enter the property.
However, in the present case, cultivation has been going on for many years, and the farmers were also made to believe that it would take a long time for utilisation of the said land by NLC, the judge added.
The land was legally acquired by NLC about a decade back, but it had not taken possession. Farmers thus continued to grow crops on the land, and protested when NLC recently sought to take possession of the land despite the standing crop.
The judge said under these circumstances, a test of reasonableness is to be adopted to strike a balance between the facts and the legal position, and the fact that the NLC, in coordination with the state, has come forward to pay compensation for the damage caused to standing crops.
This court could form an opinion that the liability is to be fixed equally on the farmers who trespassed into the acquired land and also on the NLC, which had not taken adequate care to prevent the farmers from cultivating the land for many years, the judge added.
The judge said fundamental duties enumerated under Article 51-A of the Constitution state that every citizen must be a law-abiding person and therefore, once the lands are acquired, the erstwhile owner, as a dutiful citizen, is expected not to commit any trespass or otherwise, which is impermissible.
The conscience of the erstwhile owners knows that the land belonging to them was acquired and they have either received compensation or refused to receive compensation. The NLC, in coordination with the state government, agreed to pay ex-gratia compensation over and above the compensation fixed under the Land Acquisition Act.
Therefore, the court thought it fit that 50 percent liability for the damage caused to standing crops is to be fixed on the farmer’s side and 50 percent on NLC.
The NLC, in coordination with the state government, has assessed that the damage caused to the crops affected 88 farmers and they are entitled to the compensation now determined by this court, the judge added.
The judge said considering the fact that the petitioner has claimed ₹80,000 per acre and the authorities agreed to settle ₹30,000 per acre, this court has since fixed 50-50 liability for farmers. NLC has decided to fix ₹40,000 per acre as damages caused to standing crops, which would be reasonable and mitigate the circumstance.
The judge said the affected farmers are at liberty to approach the office of the Special Tahsildar-II, Land Acquisition, NLC, who in turn in coordination with the authorities of the NLC is directed to settle the compensation of ₹40,000 per acre for the crops damaged on account of Paravanar Canal Diversion activities.
The erstwhile landowners were directed not to carry on any further cultivation activities in the acquired lands after harvesting the existing crops on or before 15 September.
“There should not be any further cultivation or otherwise and the NLC is entitled to guard the acquired land in the manner known to law. In the event of any law and order issues, the government is duty-bound to initiate all appropriate actions and to maintain peace and tranquility in the locality,” the judge added.
On 28 July, Tension gripped Neyveli in Tamil Nadu’s Cuddalore district as the police fired three rounds in the air to disperse violent Pattali Makkal Katchi (PMK) workers.
The PMK was agitating against the land acquisition by NLC for the expansion of its mines.
PMK protested in front of NLC, demanding its closure. The agitators accused the public sector unit (PSU) of polluting natural resources and destroying farmlands at five villages in the district to expand its mines.
The five villages have been in the news for the past three days after NLC started re-possessing the land it had acquired between 2006 and 2013.
The PSU allegedly destroyed the standing paddy to divert the Upper Paravanar Canal at Valayamadevi to flood-proof its mines, as part of its expansion plan.
The agitators turned violent after the police detained PMK president Anbumani Ramadoss and other leaders. They destroyed barricades and pelted stones, injuring at least eight police personnel, including the Neyveli inspector, and six journalists.
NLC acquired over 304 hectares from five villages in Cuddalore between 2006 and 2013. While it had utilised about 273 hectares, the rest was left unused. Farmers continued to cultivate crops on the unutilised land in NLC’s legal possession.
On 26 July, the PSU cleared the standing crops from the land. The farmers protested, saying the compensation paid while acquiring land a decade ago was inadequate and unfair.
They also expressed disappointment over NLC not keeping its promise of employing members of the families that had parted with their land.
The NLC said the members of farmers’ families have been employed on contract and they would be made permanent staff once they cleared an internal examination.
Neyveli has one of the largest lignite deposits in the country.
(With PTI inputs)
