New Delhi, 27th May, 2013
In a land mark case (order) ,the National Human Rights Commission not only recommended payment of proper compensation as per the law to a woman whose land was used by the PWD but also ensured that an amount of Rs 9 lakh 10 thousand was paid to her at the market rate by the Uttar Pradesh government.
Triveni Devi Chauhan of Village Kabarai, District Mahoba, UP was struggling to get compensation since 2006 for her four bighas of land used by the PWD to construct a road, but was not heard by the concerned authorities. Police also did not register her complaint against the PWD. She got a ray of hope when on 26 June, 2011, Dr Lenin of PVCHR lodged a complaint in the NHRC seeking justice for the victim of PWD and police apathy.
Pursuant to the directions of the Commission, the SP in his report confirmed that 0.90 acre of land owned by Triveni Devi in Village Kabrai was used by the PWD while constructing a road. The report also said that the issue concerned the PWD and not the police department.
The Superintending Engineer stated in his report that a 3,600 km. long by-pass road, connecting NH No. 86 and NH No. 76 was constructed by the PWD in the year 2007. During the construction, no farmer raised any objection. A 'Chak Road' already existed on the way but at some places private land was used. However, there was no provision for paying any compensation to any farmer.
The Commission, on consideration of facts placed before it on record, observed that admittedly some land belonging to the complainant was used by the PWD in construction of the road. Hence, she should have been given the compensation as per law. Accordingly, the Chief Secretary, UP was directed to submit a report in the matter.
It was not before three reminders to the Chief Secretary, including one final, that the Special Secretary, PWD, UP Government, Lucknow, sent a report that after receiving a cheque for Rs. 9,10,000/- as sale consideration, Triveni Devi executed sale deed of the land in favour of the Government of UP through Executive Engineer, Mahoba. The copies of the reports of other officers and a copy of the registered sale deed were also sent to the Commission as proof of justice done in her case.
Case Details of File Number: 28797/24/50/2011
|Name of the Complainant||DR. LENIN, PVCHR|
|VARANASI , UTTAR PRADESH|
|Name of the Victim||TRIVENI DEVI CHAUHAN|
|Address||VILL- KABRAI, PS- KABRAI,|
|MAHOBA , UTTAR PRADESH|
|Place of Incident||KABRAI|
|MAHOBA , UTTAR PRADESH|
|Date of Incident||1/1/1991|
|Direction issued by the Commission||This proceeding shall be read in continuation of the earlier proceeding of the Commission dated 7.1.2013. It was alleged by the complainant that four bighas of land belonging to Smt. Triveni Devi Chauhan, r/o village Kabrai, District Mahoba, UP, was used by the PWD in the year 2006 for construction of a road. However, Smt. Triveni Devi Chauhan was not given any compensation. When she approached the police station, her complaint was not registered. Pursuant to the directions of the Commission, the SP Mahoba, and the SE, PWD, Mahoba had sent their reports dated 30.10.2011 and 8.11.2011 respectively. As per the police report, 0.90 acre of land comprised in Rakba no. 182, situated in village Kabrai, belonging to Smt. Triveni Devi Chauhan, was used by the PWD while constructing a road. However, she was not paid any compensation by the PWD. Hence, the case did not relate to the police department. The SE stated in his report that a by-pass road, 3,600 km. long connecting NH No. 86 and NH No. 76 was constructed by the PWD in the year 2007. During the construction, no farmer raised any objection. The report further stated that a 'Chak Road' already existed and at some places private land was also used. However, there was no provision for paying any compensation to any farmer. Admittedly, some land belonging to the complainant was used by the PWD in the construction of the road. Hence, she should have been given compensation as per law. The Commission therefore directed the Chief Secretary, UP to submit a report in the matter. Pursuant thereto, the Special Secretary, PWD, UP Government, Lucknow, has sent a report dated 18.2.2013 enclosing therewith reports of other officers and a copy of the registered sale deed of the land executed by Smt. Triveni Devi in favour of the State Government of UP through Executive Engineer, Mahoba after receiving a cheque dated 15.12.2012 of SBI Mahoba for Rs. 9,10,000/- as sale consideration. The Commission has considered the above report and papers. Due to the intervention of the Commission and taking up of the matter with the Chief Secretary of UP Government, the complainant Smt. Triveni Devi, owner of the land ultimately got justice. The State Government paid her the fair price of her 0.90 acres of land used for construction of public road at the market rate. Thus her grievance stood satisfactorily removed. No further enquiry/action is required. The case is closed. Inform the complainant accordingly.|
|Action Taken||Concluded and No Further Action Required (Dated 5/16/2013 )|
|Status on 5/29/2013||The Case is Closed.|