Court orders confiscation of train

On the 24th October 2016, a train was confiscated in South India for non-payment of compensation to farmers, under orders from a civil court. The lands of these farmers were taken by railways in 2006 for laying new tracks, but the compensation was not given until now. Court officials implemented the seizure at Harihar station and alternate arrangements were made for the passengers. Earlier in February this year, also in Karnataka state, a train heading to Bangalore was seized on court orders, for non-payment of compensation to farmers, for over two decades.

Land acquisition and compensation is a very complex process in India, often taking several years to successfully complete an acquisition. There have also been several projects abandoned due to difficulties in land acquisition. People are reluctant to hand over their lands primarily because the compensations are generally too low compared to market rates. However in recent years there has been a change in public policy with compensations moving toward market rates. Land acquisitions could also take a political color with opposition parties backing those unwilling to part with their lands.

The need for more land is an ever growing need for the railways. The railways had also experimented with job-for-land schemes, where a job is given in the project to a family member whose land is acquired, besides compensation at market price. However for this there is no minimum size of land which means even if a small bit of land is acquired, that family can get a railway job.

Unfortunately this too has its own problems. For instance in 2012, for laying a 19 km track in West Bengal, the railways would have to provide 2300 jobs, based on the job-for-land policy. However the railways estimated that 800 people are more than enough for the project. With no options, the railways asked the West Bengal government to acquire the lands for them.

The recent train seizures are also an indication of how serious the railways consider acquisition settlement. Land acquisition will always be an ongoing process for the railways and it should look into itself for better solutions, rather than taking land and forgetting it. If farming lands are acquired from small farmers and the compensation is kept pending, the plight of the farmer’s family is indescribable. The job-for-land is a good idea which the railways can pursue with the help of all its stakeholders, including the defense, posts, and the respective state government. It is impossible for railways to acquire necessary lands by itself and therefore these stakeholders must support the railways, as they have a direct or indirect benefit.

Train seizures reflect more than compensations too, they reflect the state of justice. Railways should not have forced the courts to go to such extremes to implement compensation orders. Such incidents only highlight disregard to justice systems and the desperation of the judicial system to implement justice. These also project the idea that justice is rising beyond the realms of the common man.

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