Farmers to lose 40% of land in non-town planning areas under Gujarat's common construction rules: Note

By Our Representative
The Gujarat government’s recent move to put into force Common Gujarat Development Control Regulation (GDCR) is all set to go controversial. If till now each city or urban area in the state had its own GDCR, the view has gone strong that, while normally anyone would welcome planned approach to development in the state, the state’s policy makers have chosen ad-hocism while coming up with Common GDCR.
Well-known civil rights activist Krishakant of the top environmental group Paryavaran Suraksha Samiti, Vadodara, who has circulated a note containing the type of objections that should be raised to Common GDCR, has said, already there are “a plethora of amendments being effected” to it, underlining, “This suggests that the government’s interest is not in the planning of spaces but the real estate value and advantage to their near ones.”
Pointing out that the Gujarat government “needs to be challenged on the way they are handling the urban spaces”, as the new Common GDCR intends to “interfere in rural areas too in a manner that can lead to chaotic development”, the note he has circulated wants objections to the Common GDCR should be sent the Principal Secretary, Urban Development Department, Government of Gujarat by May 25, 2018, as demanded by the government.
The note particularly raises objections to the Rule No 8.9.6 on Page 129, which talks of “contribution of land for any development in non-town-planning (TP) areas”.
Here, it says, there is a provision that “the competent authority shall enforce owners/applicants for any development in conformation with zoning or use, where the TP scheme is not declared except agriculture zone use and gamtal (village common land), competent authority … category shall enforce owners/applicant to contribute the land admeasuring up to 40% of land in … for providing roads, public purpose and multipurpose activities”.
The note says, “These Common GDCR rules are following Gujarat Town Planning and Urban Development Act 1976. In this original Act there is no provision of contribution of land by the owners/applicant of land in non-TP areas. Yet, after 42 Years of the Act how this contribution of 40% land provision is made in published Common GDCR?”
The note alleges, “The provision shall result in a big monetary loss, because no compensation would be paid to the original farmers who possess the land near to urban areas and such provision shall be not in accordance with the natural principles of justice.”
It adds, “By incorporating such provision, the government has avoided the procedure of acquisition of land and avoided payment of compensation to the farmers. This is an absolute case of violation of Articles 226 and 227 of the Constitution of India.”
The note further says, in cases where there is new tenure land, and the farmer has already paid premium to the government for change of use of land, he or she would have part with 40% of such land as contribution, “which will result in a big monitory loss to farmers.”
According to the note, “When a farmer applies for non-agricultural (NA) permission, he or she has to pay a big amount as conversion tax and other charges as scrutiny fee and development charges for taking permission from the authority.” Even here the authority would “enforce the famer to contribute 40% of such land … for the public purpose.”
“Moreover”, the note asserts, “This 40% land would be taken from each Serial No as and when required. It means, the land taken will be in fragments and will not serve the purpose of providing public amenity in a proper way.”
“So such contributed land shall not serve the very purpose for providing roads and public purpose and multipurpose activities, mentioned in this rule”, the note says, adding, “Even rule No 8.9.6 (2), (3) and (4) are absolutely hypothetical and such planning shall not be possible.”
“Thus, this provision is against the natural principle of justice, bad in law and hence should be removed from the Common GDCR”, it says.

Comments

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani* India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor* Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas* November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad* On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor* Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor* Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.

Search This Blog