Farmer Protest Against NTPC's Dadri Land Deal Won't Stand Up To Legal Scrutiny

A farmers' protest for fresh cash for land sold to state-owned NTPC Ltd. for a large power station near Dadri is the perfect example of missing the trees for the woods.

Hundreds of protesters, mostly women, have converged near Dadri, a sleepy town in Uttar Pradesh.

They have come from 24 villages and are putting up roadblocks outside the office of India’s largest power producer. And, in the process, they have turned a non-issue into India’s ubiquitous fight between mines, machines and mankind. It is important to mention here that similar non-issues have often messed up development in India, where corporates have struggled to set up plants or mine fossils.

So, what are the farmers saying?

They are saying the price of land acquired by NTPC in the 1980s has swelled over the years and they need more cash for their land. They are led by the Bharatiya Kisan Parishad, a ramshackle outfit that has often suffered from dissent and breakups but routinely rakes up issues against the state as the perfect troublemaker.

Their move is like saying, 'I will need more cash because—over the years—the rate of the land has gone up'. Why? 'It is because I got less cash when I had sold the land'. The rates for land were then lower than the ones prevailing now. And those selling their land now are getting more than me'.

No, as per the law, a sale is a sale and a sale can never be reversed and new rates sought.

So, let’s reconstruct the case methodically and logically.

Keeping in view the rising power demand in the NCR, the National Capital Power Station was planned at Dadri. The first stage of land acquisition happened between 1986 and 1995. When it happened, it was total barren land. The rates—as per the Land Acquisition Act 1894—were finalised by the Revenue Department. NTPC deposited the entire amount with the state government to be distributed to the beneficiaries. Some villagers protested, but were overruled by the courts and the issues resolved. It happened in 1986–87. Another issue cropped up in 1995 (for a small stretch of land measuring just over an acre for the railway line) and that was also amicably resolved. What needs mentioning here is the fact that the land acquisition references preferred by the farmers in various courts have been resolved and there is no scope for enhancement of compensation. All issues raised within the framework of the law were settled and abided by by the NTPC. More importantly, the issue of a uniform rate of compensation is outside the purview of the NTPC, as the exercise of said powers is the exclusive domain and prerogative of the authorities constituted by the mandate of law.

Now, the farmers' demand for uniform compensation is three decades old and does not stand a chance in the court of law. Yet the protests refuse to die down. They do not realise that even the remedy available under Section 18 and 28A of the Land Acquisition Act of 1894 for appeal against the award, passed by the then State Land Acquisition Officer, is also time-barred and no longer available to the agitating farmers.

Now, one needs to understand why it is time-barred.

The time band prescribed under the relevant provisions of the applicable acts for seeking a remedy or challenging an order. In this case, three months are given under 28A to challenge or apply for remedy as per the decision of the district court.

But the farmers want equal compensation rates and regular employment at NTPC. It means the same rates for land acquisition, irrespective of their year. During various talks with the protesters, NTPC Dadri has clarified that it is not possible to provide equal compensation to everyone because the rates of compensation depend on the prevailing land rates and the nature of the land.

So let’s understand why regular employment is not possible.

It is because vacancies against unskilled workers were already filled through 182 such project-affected persons at that time. Now, with the advancement of technology, no such vacancy is on the cards. That’s why NTPC is extending jobs through various contracts (almost 70%) to local villagers. Even non-skilled workers are being given priority for jobs.

Surprisingly, the agitating farmers have been advised by the NTPC to go to court and press for their demand. But they have refused to take NTPC to the courts, ostensibly because the farmers have been advised by their lawyers that their agitation won’t stand a chance in any court of law.

The farmers, in December 2023, added another demand. They want an allotment of 10% of the developed plot to land oustees or against their land acquired in 23 villages in Dadri. But the land acquisition done for stage 1 was through district administration, under the Land Acquisition Act of 1894, under which there was no provision for allotment of developed plots.

So, what is this issue of allotment?

This issue came up after the Great Noida Industrial Development Act came into force. As per the provisions of GNIDA, one tenth of the total land acquisition is to be developed for the affected families. But this is applicable for stage 2 of the Dadri project, not stage 1. And more importantly, there was no GNIDA during stage 1.

Furthermore, the farmers are also demanding free electricity, despite the fact that there is no such provision as per the policy.

The stalemate must end fast, and the farmers must realise they are barking up the wrong tree.

Shantanu Guha Ray is the Asia Editor of Central European News. He is author of 'Black Harvest: The India Coal Story' that will hit the stands in a few months.

The views expressed here are those of the author, and do not necessarily represent the views of NDTV Profit or its editorial team.