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Guidelines for protests: Supreme Court rejects plea

The petition was filed by Bharat Bhoomi Bachao Sangharsh Samiti, an unregistered forum rendering service to the farming community against forcible land acquisition seeking fair payment of compensation and rehabilitation for the affected families in accordance with law.

The Supreme Court on Wednesday dismissed a plea seeking a direction to the government to frame guidelines and a uniform policy for dealing with people’s agitations (Bharat Bhoomi Bachao Sangharsh Samiti Vs Union of India & Ors). 

A three-judge bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna and V. Ramasubramanian declined to entertain the petition filed by Bharat Bhoomi Bachao Sangharsh Samiti, an unregistered forum rendering service to the farming community against forcible land acquisition seeking fair payment of compensation and rehabilitation for the affected families in accordance with law.

The petitioners submitted that presently two agitations of farming community are underway in the NCR. One agitation is being led by another unregistered forum namely Sanyukt Kisan Morcha by blocking rail tracks and roads on Delhi borders and other Gandhian agitation namely Savidan Satyagrah Andolan of the petitioners without creating any hindrance to people.

The petitioners have alleged that though the Central Government held 11th round of meeting for dialogues with SKM but no such dialogue was initiated with them and said this is discriminatory and violative of Articles 14, 19 and 21 of the Constitution.

The petitioners submitted that the cause of action arose against the mala fide actions and irregularities committed by the Ministry of Road Transport and Highways, UOI and the National Highways Authority of India. 

The MoRTH and NHAI further disobeyed application of mandatory and beneficial provisions which are provided in “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with an intent to cause calculated and wrongful loss to the affected families from land acquisition.

It has thus been prayed that the government be directed to provide equal opportunity of dialogue and being heard to the petitioners before the government for seeking resolution of issues relating to land acquisitions.

The petitioners have further sought for a direction to the government to appoint a High Powered Committee to examine and report on all complaints of the petitioners.

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