HC directs TN & NLCIL to file affidavit about compensation to farmers

CHENNAI: The Madras High Court has directed the State government and Central Public Sector Enterprise Neyveli Lignite Corporation India Ltd (NLCIL) to file an affidavit on Wednesday about the compensation to the farmers for damaged standing crops in Neyveli for NLCIL expansion.

Justice SM Subramaniam also ordered the petitioner to file an affidavit that he will not cultivate further after harvesting the crops and the land will be given to the NLCIL.

Justice denied the petitioner's request that the acquired land should be returned to the farmers as the NLCIL has breached Section 101 of the 'right to fair compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act'.

The Judge also wondered after NLCIL acquired the lands from the farmers 16 years ago, why let them to cultivate further on the acquired lands. By doing so the NLCIL has created false hope to the farmers, the judge observed. The judge observed that after acquiring the lands the NLCIL should fence it or monitor it to avoid the current situation.

A petitioner Murugan from Valayamadevi Melpathi Village, Cuddalore seeking to direct the State and NLCIL not to evict the petitioner from the land, for NLCIL expansion to prevent the standing crops from being damaged until harvest.

Advocate K Balu, for the petitioner, approached the Madras High Court (MHC) to hear the petition urgently, on his request the petition was heard by Justice S M Subramaniam.

K Balu submitted that the NLCIL has breached Section 101 of the 'right to fair compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act.

According to the Act the acquired land must be taken into possession within five years or else it should be returned to the party from which the land was acquired, said Balu.

In this present case, the land was acquired 16 years back in 2007, but until now it has not been taken into possession for the purpose it was acquired and contended that the land must be returned to the petitioner.

Additional Solicitor General (ASG) ARL Sundaresan appeared for the NLCIL and argued that Section 101 is a new enactment to the Act when the land was acquired there is no such section and requested to dismiss the petition. However, the judge observed that it is the policy of the State and we cannot force the NLCIL to return the land.

Additional Advocate General (AAG) J Ravindran appeared for the state said that adequate compensation for the land and crops, ex gratia was given to the farmers.

What is happening now in Neyveli is the outcome of conscious risk taken by the farmers, said the AAG.

Last year in December, the District Collector of Cuddalore convened a meeting with the landowners and farmers to decide the possession of the land acquired by the NLCIL, said the AAG.

The meeting came to a decision that after the Pongal harvest (January) the lands will be taken into possession and proper notice has been circulated among the farmers and landowners, contended the AAG. But evading that notice the farmers continue to cultivate.

According to the Apex Court judgment, they should be considered as trespassers and the trespassers should not be given any grievances, said the AAG.

Until September 15, 2023, we are allowing the farmers to harvest the standing crops, after cultivation they should give the land to NLCIL, he added.

The judge questioned the ASG about the status of the NLC expansion work.

The ASG said that most of the work, connecting the canal link, is almost done.

Further, he said that the monsoon season is nearing, if we don't allow the NLCIL to complete the work, the NLCIL mine will be flooded creating an adverse situation during monsoon.

After all the submissions the judge directed the State and NLCIL to file the affidavit with the compensation status on Wednesday.

The judge also told the petitioner to file a written submission that he will not indulge in further cultivation using the land.