NASBO conveys complaints against hydel developer from Sumin

GANGTOK, 14 May: A delegation of monks from Sumin basti, East Sikkim, once again approached the Sikkim Bhutia Lepcha Apex Committee convener Tseten Tashi Bhutia and National Sikkimese Bhutia Organization [NASBO] president Sonam Lama Kaloen at Gangtok yesterday “expressing their fear and displeasure over the manner in which the Madhya Bharati Company Ltd developing the Rongnichu Hydro Electric Project in the area, is forcefully imposing acquisition of the private land of the local monk community”, a NASBO press release informs.
The release states that most of the land owners in question have less than five acres and goes on to allege that representatives of the power developer have created nuisance for the people with their persistence.
The release informs that when last approached by the landowners, the two organsiations had approached the State Government following which the Chief Secretary [on March 12, 2013] had directed the DC [East] to look into the matter.
“After this, it appears that the matter is put to the administrative dustbin thereby lending the innocent lay and monk community to the hitherto mental agony of all sorts, almost every day,” the release contends.
NASBO has appealed afresh to the State Government “to ensure that mental peace and order is restored amongst the lay and monk residents of the Sumin”.

High Court takes serious note of ‘forceful’ occupation of land by army and other agencies in North Sikkim

HC ISSUES DIRECTIONS SEEKING PROPOSAL INDICATING TIMEFRAME FOR LAND COMPENSATION AND ACQUISITION 
GANGTOK, 04 July: The Division bench of the High Court of Sikkim comprising of Chief Justice Permod Kohli and Justice SP Wangdi has taken a very serious view of the army occupation of land in North Sikkim in light of the fact that there has not been any compensation paid nor any land acquisition process completed. In fact, it was revealed during the course of the hearing that there is no proposal for land acquisition even after so many years of occupation.
The army has been in occupation of the land in North Sikkim for several years without having acquired it and without compensating the land owners. On enquiry by the court, it was revealed that there does not appear to have been any requisition either made for the land by the army or any proposal with the DC North office for land acquisition. On being summoned by the court the Defence Estate Officer, Siliguri and also the DC, North were present for the hearing on 03 July.
The division bench noted “… the fact remains that the land of the private persons belonging to these remote areas has been forcefully occupied by the Army and other government agencies without payment of any compensation or rent which is a serious matter”. The High Court has now issued directions to all the concerned respondents to submit their proposal or plan specifying the time frame within which they will pay the rental compensation to the owners of the occupied land for the past occupation and also to indicate the timeframe for initiating the process of acquisition wherever the authorities intend to acquire the land. This is to be filed as an affidavit with the court within four weeks.
It was also observed that the earlier order passed by the court on 01 June, 2012 had not been complied with wherein the respondents had been directed to provide necessary details including the records pertaining to the acquisition of the lands under occupation of the army. Moreover there is no formal proposal by the Defence Estate Officer for land acquisition.
The lands at Thombu, Yakthang and other areas have been occupied by the army on the basis of No Objection Certificates obtained from the land owners. A plot of 2.38 acres at Thombu and land measuring 860.47 acres in other areas are under army occupation.

CAG report unravels shortfalls in land acquisition and site allotment practices

UNNECASSARY INVOKING OF THE URGENCY CLAUSE IN LAND ACQUISTION 
GANGTOK, 01 July: The Land Revenue and Disaster Management and Urban Development and Housing departments have unnecessarily invoked the urgency clause for land acquisition depriving landowners of the right of objection while acquiring land citing reasons like public importance to increase in human population and a paradigm shift of social and economic development from primarily agriculture to industrial and service based sectors.
A performance review by the Comptroller Auditor General of India reveals that in 40 cases, acquisition was done invoking the urgency clause under Section 17 of the Act, without determining the necessity of urgency for such acquisition. In all 40 cases, no possession of the land was taken within 15 days from the publication of notice.
This was further corroborated by the fact that in two cases (acquisition of land for Sikkim Central University at Yangang and acquisition of land and building of Star Cinema Hall, MG Marg, Gangtok) though the acquisition process commenced in June / July 2008 under Section 17, the process had not been completed even as of June 2011 – more than three years since the commencement of the acquisition procedure. Thus, application of Section 17 in all the above cases was unnecessary which deprived the right of the land owners to object under Section 5-A, as per the CAG report.
Section 17 of the Land Acquisition Act confers on the authorities a very extraordinary power under which the appropriate authority is satisfied about the urgency of acquisition of land it dispenses with the normal procedure laid down in the Act and takes away the right of the citizen to object under Section 5-A  of LA.
The CAG report further states that ‘…despite this categorical requirement under the Land Acquisition Act, no such publication of Preliminary Notice for acquisition was made in local newspapers and notifications displayed at convenient places in the locality. The notices were published only in the Government Gazette. Failure to adhere to the provisions of the Act involved risk of illegality in case of disputes.’
It is mandatory to publish the ‘Preliminary Notice’ for acquisition of land from the land owners, the notification should be published in two local newspapers including a regional paper, the CAG report underlines.
The department of Urban and Housing Development, in turn, had not maintained detailed list of applicants till date seeking sites in the notified bazaar areas. However, for selection of beneficiaries, the department constituted ‘Site Allotment Committee’ from time-to-time and on the basis of recommendations of the Committee, beneficiaries were selected from the list of applicants and approved by the government.
In the absence of list of applicants, total applications received, final selection amongst applicants, the basis adopted for selection could not be available with the department, mentions the CAG report.
On the other hand, while allotting site to applicants at Lumsey at Tadong in August 2008, the department (Site Allotment Committee) recommended names of 13 individuals from 55 applicants which were approved by the Chief Minister and methodology and criteria adopted for the selection of 13 beneficiaries and reasons for rejection of remaining 42 applicants were not on record, states the report.
Further, it is revealed that among the 13 selected beneficiaries, two beneficiaries were sitting MLAs and presently holding the charge of Ministers in the State Cabinet and other two beneficiaries were Ex-MLAs. Proper identification of remaining nine beneficiaries could not be ascertained due to non-submission of records and absence of proper information system with the department.
Thus, due to absence of clear cut selection criteria and eligibility norms in the Act, ‘well off persons’ were extended ‘undue favour’ thereby depriving the real and needy members of the society. The selection procedure adopted by the department was thus ambiguous and non- transparent.
The audit further reveals that in one case, two members of the same family were allotted house sites at Gangtok. Former Minister, S.B. Subedi was allotted house site at DPH complex in July 1999. After five years (February 2005) another site measuring 2225 sq. ft. was allotted to his brother Bikash Subedi diverting the land of Transport Department. However, immediately after allotment of site at SNT complex, both the brothers exchanged their sites in March 2005 which was approved by UD&HD after two months. Subsequently, SB Subedi was allotted additional site at the same area measuring 600 sq. ft. in December 2006 and 335 sq. ft. in September 2007.
After getting two additional sites Mr Subedi leased out the above land in favour of M/s Prasant Commercial (P) Ltd for running hotel business in the constructed building. The additional land of 245 sq. ft. and 225 sq. ft. at the same spot were again allotted to the company by the UDHD. Thus, an area measuring 3627 sq. ft. belonging to the Transport Department was irregularly allotted to Mr Subedi, states the report.
Similarly, to facilitate allotment of house sites, land located at various places belonging to Roads & Bridges, Building & Housing, Transport Department (SNT) and Energy & Power Department measuring 2.7256 hectares were transferred to UDHD. The UDHD has diverted the government land for allotment of house sites of 2.7256 hectares to the beneficiaries included ex-MLAs/relatives of MLAs/ VIPs. This indicated that land of government departments were transferred to the UDHD with the objective of extending benefits to influential members of society, the report mentions.
Land measuring 6,600 sq. ft. belonging to the Energy & Power Department at Lower Lagyap, Ranipool, East Sikkim earmarked for housing disabled people which was allotted to 11 persons including former MLAs and other individuals other than the disabled people following approval by the Chief Minister in October 2010 has also came under the CAG scanner.
Even the land initially earmarked exclusively for allotment to disabled persons was diverted and allotted to ineligible and selected individuals. In two other cases, land belonging to Energy & Power Department at Sichey, East Sikkim was allotted to an ex-MLA and wife of an ex-MLA, states the CAG report.
Children Park at Naya Bazaar, Jorethang, South Sikkim was allotted as house site to one individual defeating the very purpose of establishment of Children Park, the report further reveals.

BJP takes exception of SU land row

GANGTOK, 18 July: The Bharatiya Janata Party’s Sikkim unit has taken “strong exception over the controversy surrounding the Sikkim Central University land issue”, conveys a BJP press release issued today, demanding that the issue be resolved as soon as possible.
The controversy, the release contends, was “defaming Sikkim and leaving negative impacts on the young minds of the state”.

SDF reiterates complaints against SU

GANGTOK, 11 July: Sikkim Democratic Front kept is confrontation with the Sikkim University Vice-Chancellor alive today by condemning statements issued by many political and “politically motivated” outfits in support of Vice-Chancellor since the SDF lashed out against it.
The party has alleged that these statements “show all these parties are anti-people and anti-Sikkimese and they are not concerned with the young generation and can go to any length to oppose the pro-people stance of the SDF party”.

CC Sangderpa demands better rehabilitation of Yangyang’s SU land acquisition affected

GANGTOK, 10 July:  CC Sangderpa, one of the affected people in land acquisition for Sikkim University in Yangyang, alleged today that the state government has failed in providing rehabilitation to rendered landless by the project.
She alleged that many of the affected families are now landless have not received the rehabilitation of half acre of land as per the agreement. She further alleged that there was partiality in the rates offered to the affected people for the land acquisition.

SDF condemns Sikkim Univ VC’s statements on land acquisition

GANGTOK, 07 July: The Sikkim Democratic Front has come out strongly against what it sees as unjustified statements against the State government by the Sikkim University Vice Chancellor, with regard to delay in the land acquisition for Sikkim University at Yangang in South Sikkim.
Reacting to statements ascribed to the Vice Chancellor, Professor Mahendra P Lama, and those made by Opposition leaders in his support over the delay in land acquisition, the ruling SDF has put up a strong counter against the accusations.

Resettlement & Rehabilitation Committee notified for Sikkim Univ land acquisition

GANGTOK, 05 July: The State Government has constituted a “Resettlement and Rehabilitation Committee” for the land acquisition process of Sikkim University to come at Yangyang in South Sikkim. The Committee will be headed by Secretary, Land Revenue & Disaster Management Department [LR&DMD] as commissioner of the Supervisory Body. He will be assisted by a representative of Sikkim University as a member.