Abstract
This chapter contextualises the two land acquisition cases, Salboni (JSW factory area) and Singur (abandoned TATA Nano car factory area), located in West Bengal, India, as cases against which two theories were investigated. It also deals with the theory of science, research questions, basic ideas of rubric, the case study as a method, and rules by which empirical qualitative were collected, and analyses theory in question. The contextualisation of the case study areas was done with maps, secondary data, analysis of the legal (land acquisition) situation in India, and how the legal apparatus has translated the science of valuation in practical cases. In the end, the theory of science firmly re-establishes the case study as a method, the science of data collection, and qualitative data analysis.
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- 1.
Location of now abandoned factory.
- 2.
The data is for the community development block area, one of the mid-level unit areas used in the population census of India. Accessed on 9 November 2016, retrieved from http://censusIndia.gov.in
- 3.
The whole development is more associated with the place “Singur” instead of the specific villages which were directly affected. Therefore, throughout the study, I use Singur instead of the names of these five villages. Similar logic is used in case of “Salboni” to indicate two of the affected villages from which data were collected. The data also includes, as indicated in Table 5.1, the stakeholders from the neighbouring area to the state level officials and representatives from the industry particularly related to the cases. Please see Appendix for census 2011 data of the villages. Since the research did not consider quantitative data, I did not consider the crop pattern of any use. Also, I have not conducted any quantitative survey. Moreover, reliable quantitative data is and was hard to locate in both cases. In case of Singur, because of politicisation and change of the government, the numbers kept changing from 2007 to 2016 (Nielsen 2018; Ghatak et al. 2013), whereas in the case of Salboni, due to the dearth of research and local government’s apathy to share the data. Estimation of crop patterns for the Salboni area can be found at Shee and Maiti (2017), whereas Ghatak et al. (2013) provide the same for Singur.
- 4.
In the case of Singur, compensation payable to the landowners has the following components: (1) basic price (based on circle rate), (2) solatium @ 30% of the basic price, (3) interest @ 12% per annum for the period between the date of notification and the date of declaration of award, (4) crop compensation, and so on, as assessed by the collector (Government of West Bengal 2006).
- 5.
Approximately 14,706 Euro at 68 INR= 1 Euro (then existing) exchange rate applicable when this transaction took place. The status report on Singur (Government of West Bengal 2006) land acquisition by the government of West Bengal provides land-related data as indicated in Appendix D. At the same time, we must be cautious about the data since there are mismatches between Government of West Bengal (2006) status report and Ghatak et al. (2013) and also Das’s findings (2016). Appendix is providing the basic information on the area of land acquisition, as per the state’s record for Singur area.
- 6.
A number of cases were slapped on the agitating unwilling farmers. Two legal cases were lodged with the Singur Police, case numbers 150 & 151 dated 2 December 2006. Thirty-eight individuals were booked in one case under Sections 147/148/149/186/188/447/332/333/353/325/307 of the Indian Penal Code (IPC) & 9(b) (2) of Indian Explosive Act (I. E. Act) with section 9 of West Bengal Maintenance of Public Order (W. B. M. P. O.) Act and the rest in the second case under section 147/148/149/188/323/353/307 of IPC and 9(b) (2) of I. E. Act (Confederation of Human Rights Organizations 2006).
- 7.
Accessed on 9 November 2016, retrieved from http://supremecourtofIndia.nic.in
- 8.
In case of Salboni, the compensation is provided in the form of cash (against circle rate), insurance benefits, and shares. For every rupee of cash and insurance benefits, there will be a matching value in shares (KPMG 2007). “Interestingly, of this, 560 acres was acquired through direct purchase by JSW, for which they paid Rs 6 lakh per acre. This was divided into three parts-Rs 1.5 lakh in cash right away, another Rs 1.5 lakh in long-term fixed deposits, and Rs 3 lakh in equity of JSW, making the PAPs (project affected persons) long-term shareholder beneficiaries of the project” (3iNetwork 2009, 118). JSW negotiated with 700 marginal farmers owning 450 acres of land (3iNetwork 2009, 140). In sprit, this package touches upon elements of benefit-sharing discussed in Sect. 4.4.
- 9.
The names of the 22 mouzas are as following, Dubrajpur, Masru, Nutandihi, Nitaipur, Banshkopna, Chatibanth, Ramraidi, Asnasuli, Nutanbankati, Chakbhani, Naranchak, Jambedia, Bhalukchati, Khulpheni, Gaighata, Hatimari, Shalika, Kharkasuli, Arabari, Khairisol, Barju, and Ghagrasol.
- 10.
Accessed on 9 November 2016, retrieved from http://censusindia.gov.in/pca/cdb_pca_census/Houselisting-housing-WB.html
- 11.
Accessed on 24 June 24, 2019, retrieved from https://www.wbpcb.gov.in/writereaddata/files/JSW%20Salboni%20FORM%20-1(Final).pdf
- 12.
In an earlier version of the draft work for the book, “Jambedia” was used as the name of the village instead of original “Jamdedya”. The meaning of later in vernacular Bengali, according to local elders is derogatory. They have managed to change the name of the primary school as Jambedia Primary School but have not managed to bring changes in the census or government database.
- 13.
The power to take property from the individuals, groups, and communities is rooted in the idea of eminent domain. The doctrine of eminent domain empowers the sovereign to do anything or perform any task if the act of the sovereign is concerned with the public interest. The doctrine legalises the power of the sovereign to acquire private land for public use when the public nature of the usage can be demonstrated beyond reasonable doubt. Within the present structure of the Indian Constitution, Article 300 A imposes only one limitation on this power: that such actions should be governed by the authority of law. The doctrine is based on the following two Latin maxims, (1) Saluspopuli suprema lexesto (Welfare of the People Is the Paramount Law) and (2) Necessita Public Major est Quam (Public Necessity Is Greater Than Private Necessity) (Chandrachur 2006). This section is a reproduction of Dey Biswas (2014).
- 14.
The result of this policy is indicated in the introduction chapter.
- 15.
Section 20P of the Railways Act, 1989, empowered the union government to enact Land Acquisition (Special Railway Projects) Rules, 2016. This is another example where the union government tried to utilise existing laws to supplement the absence of a land acquisition act at the union level.
- 16.
Land acquisition for ports can be done by using the National Highways Act, 1956 (48 of 1956), as indicated in section 16 of The Land Ports Authority of India Act, 2010.
- 17.
Land acquisition for mines is regulated by The Land Acquisition (Mines) Act, 1885.
- 18.
There are many British era land acquisition provisions under different laws, such as the Indian Tramways Act, 1886, the Damodar Valley Corporation Act, 1948, the National Highways Act, 1956, the Coal Bearing Areas Acquisition and Development Act, 1957, the Petroleum and Minerals Pipelines (Acquisition of Right of User of Land) Act, 1962, the Metro Railways (Construction of Works) Act, 1978, the Railways Act, 1989, also contain specific provisions for land acquisition (Hoda 2018, 6).
- 19.
One such example is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017. Similarly, Haryana has a provision which includes annuity for original owners for 33 years and also the minimum floor value of the land while determining the compensation. It includes an alternative option of land pooling by farmers can become partners, who in turn can develop the project. In this process, the farmers are given 20–25% of the developed land as compensation. A similar approach (with the provision of 40% land returned after development) has been taken by Andhra Pradesh now for its new capital, “Amaravati” (Bedi and Tillin 2015, 75).
- 20.
Please read Sect. 5.2.3 to understand the government order route taken by the Government of West Bengal. In this way, the state has bypassed LARR, 2013. The authority to issue a government order is regulated by Section 21 of the General Clauses Act, 1897.
- 21.
Accessed on 26 July 2015, retrieved from http://www.indiankanoon.org/doc/745737/
- 22.
Such as 1954 AIR 170, 1954 SCR 558, which propounded that the word “compensation” deployed in Proviso 2 to Article 31A(1) implied full compensation, that is, the market value of the property at the time of the acquisition. The Legislature must “ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”.
- 23.
Accessed on 27 May 2014, retrieved from http://Indiankanoon.org/doc/1500467/
- 24.
Section 23 of the Act should be considered as guidelines while determining the compensation and Section 24 of the Act provides the conditions which determine the amount of compensation. In other words, Sections 23 and 24 of the Act indicate statutory guidelines and factors which should be considered as principles for determining the market value of any acquired land.
- 25.
Argued by the Supreme Court of India; Civil Appeal No. 3838 OF 2010 (at SLP (C) No. 20767 of 2008).
- 26.
Accessed at http://www.npc.gov.cn/englishnpc/Law/2007-12/12/content 1383939.htm on 18 August 2018.
- 27.
Retrieved on 03 June 2014 from http://www.courts.go.jp/english/judgments/text/2002.6.11-1998-Gyo-Tsu-No.158.html
- 28.
For more international perspective see Alterman (2010).
- 29.
Accessed on 9 November 2016, retrieved from https://indiankanoon.org/doc/168057026/
- 30.
Accessed on 14 May 2018, retrieved from http://www.dnaIndia.com/India/report-chief-justice-of-India-to-look-into-sc-s-2014-land-acquisition-judgement-2591424
- 31.
Some informal discussion can be read at Border Criminologies (2014).
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Dey Biswas, S. (2020). The Empirical Context: Cases, Legal Context, and Theory of Science. In: Land Acquisition and Compensation in India. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-29481-6_5
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