Farmers whose land was acquired at a meagre Rs. 4 per square yard in South West Delhi way back in 1955 in the name of undertaking planned development have now seized upon the opportunity raised by the report of the Comptroller and Auditor General of India — on the loss caused to the exchequer by leasing away of some of this very land by Indira Gandhi International Airport concessionaire Delhi International Airports Limited to commercial enterprises — to demand higher compensation.
For the farmers of Mahipalpur, Nangal Dewat and Rangpuri villages near the airport, many of whom have over the last nearly 57 years been fighting legal battles for enhanced compensation, the report was a godsend.
“I was pursuing the land acquisition case and the airport privatisation issue for getting higher compensation for the farmers through the Supreme Court. But when this CAG report came out, I decided to share the documents which had been procured by me from the Ministry of Civil Aviation and the Delhi government,” said Colonel (retd.) Devender Sehrawat, who had filed applications under the Right to Information Act on these issues.
Col. Sehrawat, who is also secretary of the Delhi Gramin Samaj and co-convener of the Kissan Mahasangh, a federation of farmers' organisations, said the CAG draft report had also noted that the government exchequer had incurred a loss of Rs.24,000 crore due to manipulation in the original agreement and undue benefit worth Rs.1,63,557 were granted to the Delhi International Airports Limited through transfer of land.
Thus, he said, as per the CAG, the loss was around Rs. 34 crore per acre — as 4799 acres of land was transferred to the concessionaire — and this worked out to a rate of nearly Rs.70,000 per square yard. However, Col. Sehrawat said the farmers had only been paid a fraction of this for their land.
With 13 hotel projects envisioned on the airport land, the Kissan Mahasangh is now viewing the land transfer deal as a bonanza for the concessionaire and has urged the Civil Aviation Ministry to adequately compensate the farmers for their land and initiate resettlement and rehabilitation measures.
Col. Sehrawat, who had gathered the information to seek higher compensation for the farmers through the Supreme Court, decided to come out with the information in hand following the CAG report.
As per the information accessed by him — and copies of which are with The Hindu — under the Operation, Management Development Agreement (OMDA) between DIAL and the Airports Authority of India, the concessionaire was allotted 4,799 acres on Rs.100 annual lease rent for 60 years.
Even for commercial use, 190 acres were allowed to DIAL at a price of Rs.31 lakh while in the original contract, out of the total of 4,799 acres, only 240 acres or 5 per cent was earmarked for commercial use.
The transfer of land to the airport concessionaire took place after the matter of land use was considered by the Empowered Group of Ministers (EGoM) in June 2005.
The EGoM had then directed the Civil Aviation Ministry to take the opinion of the Attorney-General on “use of airport land and limit on commercial use of land at airport complex by the JVC [joint venture company]” and legality of permitting the proposed concessionaire to develop the airport for commercial uses unrelated to the airport under the provisions of the Airports Authority of India Act, 1994.
Giving his opinion on the issue on June 17, 2005, the then Attorney-General Milon K. Banerji, had said: “It would not be lawfully permissible for the AAI to grant a lease to any person in respect of any airport property for the purposes of commercial activities listed in Schedule 19 of the draft OMDA like building of golf courses, business parks, hi-tech parks, commercial offices, leisure facilities, commercial arcades, sports complexes, shopping complexes and convention centres etc. unconnected with the scope of airport development and management, including provision of passenger facilities and amenities.”
He had further noted that “if it was considered necessary to permit lease of land to the concessionaire for undertaking commercial activities that go beyond the provision of passenger facilities at the airport, then it must be done only after an amendment was made to the AAI Act, 1994.”
The EGoM had accordingly decided in its meeting held on June 22, 2005, that all commercial activities unrelated to the airport included in Schedule 19 of the draft OMDA be omitted from the final bid document. Thereafter two major Indian real estate firms — DLF Limited and Hiranandani Properties — who had initially shown considerable interest in the proposed airport modernisation projects withdrew from the bidding process.
But the decision on the transfer of land for commercial activities was later reversed by the Civil Aviation Ministry to the advantage of the concessionaire.
Keywords: land acquisition, Delhi farm lands, CAG audit report, Delhi International Airports Limited
would like to bring case of Village nangal dewat for more clarity, this village wasn't allowed to farm in their own fields post 1970 as land was to be acquired by the govt., people were waiting since 1970 but their land was actually grabbed by the govt. in 2008 only, now govt. is giving farmers compensation on the basis of 1970 rates but land was acquired in 2008. so if govt would have given 1970 rate in 1970 only then these farmers could have bought land at some other place but govt is giving rate of 1970 in 2012 so please think is this Justice.........moreover pain of singur was felt by whole nation but a village named nangal dewat was devastated by this govt. within days, no press reporting was allowed, no one heard the cries of people of this village......shocking democracy...
The nehru-gandhi dictatorship has been a curse for the family. Teh same family monopolizes elections. how about giving someone else a chance in teh congress ? India still does nto have freedom from white people !
The land was acquired way back in 1955, one reader says. Fair enough if it is true. However, what was the purpose for which it was acquired? For what purpose is it being used now? Who ordered or cleared the change of land-use condition mentioned while approving purchase of the land? Another scam coming to the surface? How many more before the system and the entire polity of the nation collapses due to its own weight (of corruption)? Will some leader with love of the country in his/her heart rise even at this late stage to take the nation out of this misery of scum and filth? High time someone did.
Dear Mr Kamal Kishor, Article clearly says they have been fighting for 57 years for proper compensation. You got to pity those farmers. HOw about your land getting acquired like that?
I am not able to understand the contention of col. Sherawat or the news reporter here other than political blackmail. Consider this following hypothetical scenario, where land conversion has not happened from agriculture to commercial. You sold your agriculture land that was used to growing wheat giving a return of X amount. Then the buyer discontinues wheat cultivation and does high value agriculture like growing vegetables and earns Y amount. Do you think that the farmer who sold the land 57 years ago be compensated based on present returns on the same land?
CAG may be right about the hypothetical loss to the exchequer and the procedural lapses but the farmers need not have any claim. Why an asset should change hands if it has to be used by the new owner in the old way. Every transaction could be questioned more so done by any government. This will only vitiate the already murky political atmosphere.
It may be too late to revise the land acquisition price that was paid 60 years ago. Why do I get a nasty feeling that I will see the word Patel when it comes to who handed over the land to GMR at a throwaway price?
the land acquired 57 years before., the value of that land may be less.. but asking compensation for the current trend is really not good.. and blaming the present govt. is not good either...
This land was acquired way back in 1955, around 57 yrs ago. Does it make sense to raise hue-n-cry on it after so long for revised compensation. if we continue to do so for every land acquisition done in past and blame present govt, does it not reflect a skewed mind?
Another feather in the cap of the UPA & Congress. Thank God all these truths are spilling out . We are slowly inching towards a revolution , if this Govt does not act to punish the guilty ministers who took these decisons for personal enrichment rather than the benefit of the nation .
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