Abstract
This chapter contextualises the two land acquisition cases, Salboni (JSW factory area) and Singur (abandoned TATA Nano car factory area), located in West Bengal, India, as cases against which two theories were investigated. It also deals with the theory of science, research questions, basic ideas of rubric, the case study as a method, and rules by which empirical qualitative were collected, and analyses theory in question. The contextualisation of the case study areas was done with maps, secondary data, analysis of the legal (land acquisition) situation in India, and how the legal apparatus has translated the science of valuation in practical cases. In the end, the theory of science firmly re-establishes the case study as a method, the science of data collection, and qualitative data analysis.
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Notes
- 1.
Location of now abandoned factory.
- 2.
The data is for the community development block area, one of the mid-level unit areas used in the population census of India. Accessed on 9 November 2016, retrieved from http://censusIndia.gov.in
- 3.
The whole development is more associated with the place “Singur” instead of the specific villages which were directly affected. Therefore, throughout the study, I use Singur instead of the names of these five villages. Similar logic is used in case of “Salboni” to indicate two of the affected villages from which data were collected. The data also includes, as indicated in Table 5.1, the stakeholders from the neighbouring area to the state level officials and representatives from the industry particularly related to the cases. Please see Appendix for census 2011 data of the villages. Since the research did not consider quantitative data, I did not consider the crop pattern of any use. Also, I have not conducted any quantitative survey. Moreover, reliable quantitative data is and was hard to locate in both cases. In case of Singur, because of politicisation and change of the government, the numbers kept changing from 2007 to 2016 (Nielsen 2018; Ghatak et al. 2013), whereas in the case of Salboni, due to the dearth of research and local government’s apathy to share the data. Estimation of crop patterns for the Salboni area can be found at Shee and Maiti (2017), whereas Ghatak et al. (2013) provide the same for Singur.
- 4.
In the case of Singur, compensation payable to the landowners has the following components: (1) basic price (based on circle rate), (2) solatium @ 30% of the basic price, (3) interest @ 12% per annum for the period between the date of notification and the date of declaration of award, (4) crop compensation, and so on, as assessed by the collector (Government of West Bengal 2006).
- 5.
Approximately 14,706 Euro at 68 INR= 1 Euro (then existing) exchange rate applicable when this transaction took place. The status report on Singur (Government of West Bengal 2006) land acquisition by the government of West Bengal provides land-related data as indicated in Appendix D. At the same time, we must be cautious about the data since there are mismatches between Government of West Bengal (2006) status report and Ghatak et al. (2013) and also Das’s findings (2016). Appendix is providing the basic information on the area of land acquisition, as per the state’s record for Singur area.
- 6.
A number of cases were slapped on the agitating unwilling farmers. Two legal cases were lodged with the Singur Police, case numbers 150 & 151 dated 2 December 2006. Thirty-eight individuals were booked in one case under Sections 147/148/149/186/188/447/332/333/353/325/307 of the Indian Penal Code (IPC) & 9(b) (2) of Indian Explosive Act (I. E. Act) with section 9 of West Bengal Maintenance of Public Order (W. B. M. P. O.) Act and the rest in the second case under section 147/148/149/188/323/353/307 of IPC and 9(b) (2) of I. E. Act (Confederation of Human Rights Organizations 2006).
- 7.
Accessed on 9 November 2016, retrieved from http://supremecourtofIndia.nic.in
- 8.
In case of Salboni, the compensation is provided in the form of cash (against circle rate), insurance benefits, and shares. For every rupee of cash and insurance benefits, there will be a matching value in shares (KPMG 2007). “Interestingly, of this, 560 acres was acquired through direct purchase by JSW, for which they paid Rs 6 lakh per acre. This was divided into three parts-Rs 1.5 lakh in cash right away, another Rs 1.5 lakh in long-term fixed deposits, and Rs 3 lakh in equity of JSW, making the PAPs (project affected persons) long-term shareholder beneficiaries of the project” (3iNetwork 2009, 118). JSW negotiated with 700 marginal farmers owning 450 acres of land (3iNetwork 2009, 140). In sprit, this package touches upon elements of benefit-sharing discussed in Sect. 4.4.
- 9.
The names of the 22 mouzas are as following, Dubrajpur, Masru, Nutandihi, Nitaipur, Banshkopna, Chatibanth, Ramraidi, Asnasuli, Nutanbankati, Chakbhani, Naranchak, Jambedia, Bhalukchati, Khulpheni, Gaighata, Hatimari, Shalika, Kharkasuli, Arabari, Khairisol, Barju, and Ghagrasol.
- 10.
Accessed on 9 November 2016, retrieved from http://censusindia.gov.in/pca/cdb_pca_census/Houselisting-housing-WB.html
- 11.
Accessed on 24 June 24, 2019, retrieved from https://www.wbpcb.gov.in/writereaddata/files/JSW%20Salboni%20FORM%20-1(Final).pdf
- 12.
In an earlier version of the draft work for the book, “Jambedia” was used as the name of the village instead of original “Jamdedya”. The meaning of later in vernacular Bengali, according to local elders is derogatory. They have managed to change the name of the primary school as Jambedia Primary School but have not managed to bring changes in the census or government database.
- 13.
The power to take property from the individuals, groups, and communities is rooted in the idea of eminent domain. The doctrine of eminent domain empowers the sovereign to do anything or perform any task if the act of the sovereign is concerned with the public interest. The doctrine legalises the power of the sovereign to acquire private land for public use when the public nature of the usage can be demonstrated beyond reasonable doubt. Within the present structure of the Indian Constitution, Article 300 A imposes only one limitation on this power: that such actions should be governed by the authority of law. The doctrine is based on the following two Latin maxims, (1) Saluspopuli suprema lexesto (Welfare of the People Is the Paramount Law) and (2) Necessita Public Major est Quam (Public Necessity Is Greater Than Private Necessity) (Chandrachur 2006). This section is a reproduction of Dey Biswas (2014).
- 14.
The result of this policy is indicated in the introduction chapter.
- 15.
Section 20P of the Railways Act, 1989, empowered the union government to enact Land Acquisition (Special Railway Projects) Rules, 2016. This is another example where the union government tried to utilise existing laws to supplement the absence of a land acquisition act at the union level.
- 16.
Land acquisition for ports can be done by using the National Highways Act, 1956 (48 of 1956), as indicated in section 16 of The Land Ports Authority of India Act, 2010.
- 17.
Land acquisition for mines is regulated by The Land Acquisition (Mines) Act, 1885.
- 18.
There are many British era land acquisition provisions under different laws, such as the Indian Tramways Act, 1886, the Damodar Valley Corporation Act, 1948, the National Highways Act, 1956, the Coal Bearing Areas Acquisition and Development Act, 1957, the Petroleum and Minerals Pipelines (Acquisition of Right of User of Land) Act, 1962, the Metro Railways (Construction of Works) Act, 1978, the Railways Act, 1989, also contain specific provisions for land acquisition (Hoda 2018, 6).
- 19.
One such example is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017. Similarly, Haryana has a provision which includes annuity for original owners for 33 years and also the minimum floor value of the land while determining the compensation. It includes an alternative option of land pooling by farmers can become partners, who in turn can develop the project. In this process, the farmers are given 20–25% of the developed land as compensation. A similar approach (with the provision of 40% land returned after development) has been taken by Andhra Pradesh now for its new capital, “Amaravati” (Bedi and Tillin 2015, 75).
- 20.
Please read Sect. 5.2.3 to understand the government order route taken by the Government of West Bengal. In this way, the state has bypassed LARR, 2013. The authority to issue a government order is regulated by Section 21 of the General Clauses Act, 1897.
- 21.
Accessed on 26 July 2015, retrieved from http://www.indiankanoon.org/doc/745737/
- 22.
Such as 1954 AIR 170, 1954 SCR 558, which propounded that the word “compensation” deployed in Proviso 2 to Article 31A(1) implied full compensation, that is, the market value of the property at the time of the acquisition. The Legislature must “ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”.
- 23.
Accessed on 27 May 2014, retrieved from http://Indiankanoon.org/doc/1500467/
- 24.
Section 23 of the Act should be considered as guidelines while determining the compensation and Section 24 of the Act provides the conditions which determine the amount of compensation. In other words, Sections 23 and 24 of the Act indicate statutory guidelines and factors which should be considered as principles for determining the market value of any acquired land.
- 25.
Argued by the Supreme Court of India; Civil Appeal No. 3838 OF 2010 (at SLP (C) No. 20767 of 2008).
- 26.
Accessed at http://www.npc.gov.cn/englishnpc/Law/2007-12/12/content 1383939.htm on 18 August 2018.
- 27.
Retrieved on 03 June 2014 from http://www.courts.go.jp/english/judgments/text/2002.6.11-1998-Gyo-Tsu-No.158.html
- 28.
For more international perspective see Alterman (2010).
- 29.
Accessed on 9 November 2016, retrieved from https://indiankanoon.org/doc/168057026/
- 30.
Accessed on 14 May 2018, retrieved from http://www.dnaIndia.com/India/report-chief-justice-of-India-to-look-into-sc-s-2014-land-acquisition-judgement-2591424
- 31.
Some informal discussion can be read at Border Criminologies (2014).
Bibliography
Alexander, G.S., and E.M. Peñalver. 2012. An Introduction to Property Theory. Cambridge: Cambridge University Press.
Alterman, R., ed. 2010. Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights. 1st ed. Chicago: American Bar Association Section of State and Local Government Law.
Ananth, V.K. 2016. Singur Case and the Idea of Justice. Economic and Political Weekly 51: 14–17.
Baltar, F., and I. Brunet. 2012. Social Research 2.0: Virtual Snowball Sampling Method Using Facebook. Internet Research 22: 57–74. https://doi.org/10.1108/10662241211199960.
Basu, K., and A. Maertens. 2012. The New Oxford Companion to Economics in India. New Delhi: Oxford University Press.
Bedi, H.P., and L. Tillin. 2015. Inter-State Competition, Land Conflicts and Resistance in India. Oxford Development Studies 43 (2): 194–211.
Biernacki, P., and D. Waldorf. 2016. Snowball Sampling: Problems and Techniques of Chain Referral Sampling. Sociological Methods & Research 10: 141–163. https://doi.org/10.1177/004912418101000205.
Border Criminologies. 2014. From the Field: Vicarious Trauma (blog). Faculty of Law, Oxford University. 11 April 2014. Retrieved from https://www.law.ox.ac.uk/research-subject-groups/centrecriminology/centreborder-criminologies/blog/2014/04/field-vicarious. Accessed 4 Sept 2018.
Braun, V., and V. Clarke. 2006. Using Thematic Analysis in Psychology. Qualitative Research in Psychology 3: 77–101. https://doi.org/10.1191/1478088706qp063oa.
Burgess, R.G. 1982/1991. Field Research: A Sourcebook and Field Manual. London/New York: Routledge.
Census of India. 2011. C.D. Block Wise Primary Census Abstract Data (PCA) – West Bengal. Retrieved from http://censusindia.gov.in/pca/cdb_pca_census/Houselisting-housing-WB.html. Accessed 4 Sept 2018.
Chakravorty, S. 2013. The Price of Land: Acquisition, Conflict, Consequence. New Delhi/Oxford: Oxford University Press.
Chandra, U., G. Heierstad, and K.B. Nielsen. 2015. The Politics of Caste in West Bengal. New Delhi: Routledge India.
Chandrachur, Y.V. 2006. Concise Law Dictionary. New Delhi: LexisNexis Butterworths Wadhwa Nagpur.
CII-KPMG in India. 2007. Sustainable Economic Development in West Bengal – A Perspective. KPMG.
Cohen, N., and T. Arieli. 2011. Field Research in Conflict Environments: Methodological Challenges and Snowball Sampling. Journal of Peace Research 48: 423–435. https://doi.org/10.1177/0022343311405698.
Confederation of Human Rights Organizations. 2006. Atrocities at Singur, West Bengal, India. Kerala. Retrieved from http://nchro.org/index.php/2006/12/05/atrocities-at-singur-west-bengal-india/. Accessed 4 Sept 2018.
Constitution of India. 1950. As on 1st April, 2019. Government of India. Retrieved from http://www.legislative.gov.in/constitution-of-india. Accessed 4 Sept 2018.
D’Costa, A.P. 2005. The Long March to Capitalism: Embourgeoisement, Internationalisation and Industrial Transformation in India. Basingstoke. Hampshire/New York: Palgrave Macmillan.
Das, R. 2016. The Politics of Land, Consent, and Negotiation: Revisiting the Development-Displacement Narratives from Singur in West Bengal. South Asia Multidisciplinary Academic Journal [Online] 13. Retrieved from http://journals.openedition.org/samaj/4103;https://doi.org/10.4000/samaj.4103. Accessed 4 Sept 2018.
Davy, B. 2012. Land Policy: Planning and the Spatial Consequences of Property. Farnham: Ashgate.
Desai, M. 2011. Land Acquisition Law and the Proposed Changes. Economic and Political Weekly 46: 95–100.
Dey Biswas, S. 2014. Land Rights Formalization in India: Examining de Soto Through Rawls Theory of Justice: Working Paper. FLOOR (Financial Assistance (Social Cash Transfers), Land Policy, and Global Social Rights). Retrieved from http://www.floorgroup.raumplanung.tu-dortmund.de/FLOOR_Working_papers/FLOOR_WP018_Dey_Biswas_Land_rights_formalization_India.pdf. Accessed 4 Sept 2018.
Dickinson, H.D. 1969. Von Thünen’s Economics. The Economic Journal 79: 894–902. https://doi.org/10.2307/2229798.
Directorate of Registration and Stamp Revenue (West Bengal). 2018. Market Value of Land. Retrieved from http://wbregistration.gov.in/(S(b21pam30nidrn0ejfyqsh1lk))/MV/MV_Land.aspx?type=L. Accessed 4 Sept 2018.
DNAINDIA. 2018. Chief Justice of India to Look Into SC’s 2014 Land Acquisition Judgement. Retrieved from http://www.dnaindia.com/india/report-chief-justice-of-india-to-look-into-sc-s-2014-land-acquisition-judgement-2591424. Accessed 4 Sept 2018.
Flyvbjerg, B. 2006. Five Misunderstandings About Case-Study Research. Qualitative Inquiry 12: 219–245. https://doi.org/10.1177/1077800405284363.
Fusch, P.I., and L.R. Ness. 2015. Are We There Yet? Data Saturation in Qualitative Research. The Qualitative Report 20: 1408–1416.
Geertz, C. 1973. The Interpretation of Cultures. New York: Basic Books.
Ghatak, M., S. Mitra, D. Mukherjee, and A. Nath. 2013. Land Acquisition and Compensation in Singur: What Really Happened? Economic and Political Weekly 48: 33.
Gill, P., K. Stewart, E. Treasure, and B. Chadwick. 2008. Methods of Data Collection in Qualitative Research: Interviews and Focus Groups. British Dental Journal 204: 291–295. https://doi.org/10.1038/bdj.2008.192.
Gonsalves, C. 2010. Judicial Failure on Land Acquisition for Corporations. Economic and Political Weekly 45: 37–42.
Government of West Bengal. 2006. Status Report on Singur. Retrieved from https://www.wb.gov.in/portal/documents/10180/0/Status+Report+on+Singur/25c3412f-997b-4fb7-8e52-a6faa5404647?version=1.0. Accessed 4 Sept 2018.
Gubrium, E.K., S. Pellissery, and I. Lødemel. 2014. The Shame of It: Global Perspectives on Anti-Poverty Policies. Bristol: The Policy Press.
Guha, A. 2007. Peasant Resistance in West Bengal a Decade Before Singur and Nandigram. Economic and Political Weekly 42: 3706–3711.
Hartmann, T. 2010. Reframing Polyrational Floodplains: Land Policy for Large Areas for Temporary Emergency Retention. Nature and Culture 5: 15–30.
Hennink, M.M. 2014. Focus Group Discussions. Oxford University Press.
Hindustan Times. 2007. Jindal Offers Free Shares to Farmers in Bengal PROJECT. Retrieved from https://www.hindustantimes.com/business/jindal-offers-free-shares-to-farmers-in-bengal-project/story-MNBaE1ivjiaYlPCoZXDnjP.html. Accessed 4 Sept 2018.
Hoda, A. 2018. Land Use and Land Acquisition Laws in India. Working Paper No. 361. Indian Council for Research on International Economic Relations. Retrieved from http://icrier.org/pdf/Working_Paper_361.pdf. Accessed 4 Sept 2018.
Huang, R. 2016. RQDA: R-based Qualitative Data Analysis. R Package Version 0.2–8. Retrieved from http://rqda.r-forge.r-project.org/. Accessed 4 Sept 2018.
Ice, G.H., D.L. Dufour, and N.J. Stevens. 2015. Disasters in Field Research: Preparing for and Coping with Unexpected Events. Lanham: Rowman & Littlefield.
Iphofen, R. 2011. Research Ethics in Ethnography/Anthropology. Retrieved from http://ec.europa.eu/research/participants/data/ref/h2020/other/hi/ethics-guide-ethnog-anthrop_en.pdf. Accessed 4 Sept 2018.
Jain, M. 2018. SC Constitution Bench to Hear Land Acquisition Matters After the Hearing on the Validity of S.377 IPC [Read Order]. Retrieved from https://www.livelaw.in/sc-constitution-bench-to-hear-land-acquisition-matters-after-the-hearing-on-the-validity-of-s-377-ipc-read-order/. Accessed 4 Sept 2018.
Jevons, W.S. 1871/1888. The Theory of Political Economy, 3rd ed. London: Macmillan. Retrieved from http://oll.libertyfund.org/titles/625. Accessed 4 Sept 2018.
Kolocek, M. 2017. The Human Right to Housing in the Face of Land Policy and Social Citizenship. Cham: Palgrave Macmillan. https://doi.org/10.1007/978-3-319-53489-3.
Live Law News Network. 2018. The SC’s February 8 Judgment in Indore Development Authority Is Not Supported by Text or Intent of the Act, Says Namita Wahi, Expert on Land Acquisition. Retrieved from https://www.livelaw.in/conflict-benches-scs-february-8-judgment-indore-development-authority-not-supported-text-intent-act-says-namita-wahi-expert-land-acquisition/
Mahalingam, A., and A. Vyas. 2011. Comparative Evaluation of Land Acquisition and Compensation Processes Across the World. Economic and Political Weekly 46: 94–102.
MapCruzin. 2014. Shapes Files of West Bengal. Retrieved from http://www.mapcruzin.com/west-bengal-shapefiles/west_bengal_administrative.zip. Accessed 4 Sept 2018.
Markie, P. 2017. Rationalism vs. Empiricism. In The Stanford Encyclopedia of Philosophy, ed. E.N. Zalta. Metaphysics Research Lab, Stanford University. Retrieved from https://plato.stanford.edu/entries/rationalism-empiricism/. Accessed 4 Sept 2018.
Mason, J. 2002. Qualitative Researching. London: SAGE.
Mathur, H.M. 2013. Displacement and Resettlement in India: The Human Cost of Development. Vol. 69. London: Routledge.
Mayring, P. 2000. Qualitative Content Analysis. Forum Qualitative Sozialforschung/Forum: Qualitative Social Research 1 (2). https://doi.org/10.17169/fqs-1.2.1089.
Nielsen, K.B. 2018. Land Dispossession and Everyday Politics in Rural Eastern India. New York: Anthem Press.
Nielsen, K.B., and P. Oskarsson, eds. 2016. Industrialising Rural India: Land, Policy and Resistance. London: Routledge.
Pandey, A., and S. Morris. 2007. Towards Reform of Land Acquisition Framework in India. Economic and Political Weekly 42: 2083–2090.
Patton, M.Q. 1990. Qualitative Research and Evaluation Methods. Beverly Hills: SAGE.
Pellissery, S., and S. Dey Biswas. 2012. Emerging Property Regimes in India: What It Holds for the Future of Socio-Economic Rights? SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2179717.
Rapley, T. 2004. Interviews. In Qualitative Research Practice, ed. C. Seale, G. Gobo, Jaber F. Gubrium, and D. Silverman, 16–34. London: SAGE. https://doi.org/10.4135/9781848608191.d5.
Sarkar, A. 2007. Development and Displacement: Land Acquisition in West Bengal. Economic and Political Weekly 42: 1435–1442.
Seawright, J., and J. Gerring. 2008. Case Selection Techniques in Case Study Research. Political Research Quarterly 61: 294–308. https://doi.org/10.1177/1065912907313077.
Seetharaman, G. 2018. Five Years on, has Land Acquisition Act Fulfilled Its Aim? The Economic Times. Retrieved from https://economictimes.indiatimes.com/news/economy/policy/five-years-on-has-land-acquisition-act-fulfilled-its-aim/articleshow/65639336.cms. Accessed 4 Sept 2018.
Shee, S.P., and R. Maiti. 2017. Land Acquisition, Livelihood and Income: The Case of JSW Bengal Steel Plant at Salboni Block, Paschim Medinipur, West Bengal, India. Environment, Development and Sustainability 4 (1): 1–16. https://doi.org/10.1007/s10668-018-0176-1.
Singh, R. 2012. Inefficiency and Abuse of Compulsory Land Acquisition – An Enquiry Into the Way Forward. Centre for Development Economics, Delhi School of Economics, 209. Retrieved from https://ideas.repec.org/p/cde/cdewps/209.html. Accessed 4 Sept 2018.
Singh, S. 2016. Land Acquisition in India: An Examination of the 2013 Act and Options. Journal of Land and Rural Studies 4 (1): 66–78. https://doi.org/10.1177/2321024915616673.
Smith, A. 1766/1896. Lectures on Justice, Police, Revenue and Arms. Delivered in the University of Glasgow: Reported by a Student in 1763 and Edited with an Introduction and Notes, By Edwin Cannan. Oxford: Clarendon Press. Retrieved from http://oll.libertyfund.org/titles/2621. Accessed 4 Sept 2018.
Sutton, J., and Z. Austin. 2015. Qualitative Research: Data Collection, Analysis, and Management. The Canadian Journal of Hospital Pharmacy 68: 226–231.
Thaler, T., and T. Hartmann. 2016. Justice and Flood Risk Management: Reflecting on Different Approaches to Distribute and Allocate Flood Risk Management in Europe. Natural Hazards 83: 129–147. https://doi.org/10.1007/s11069-016-2305-1.
UCDAVIS. n.d. West Bengal Shapefiles. Retrieved from http://data.biogeo.ucdavis.edu/data/diva/adm/IND_adm.zip. Accessed 4 Sept 2018.
Wieser, F. 1889/1893. Natural Value, ed. W. Smart. London: Macmillan. Retrieved from http://oll.libertyfund.org/titles/1685. Accessed 4 Sept 2018.
Yin, R.K. 1984. Case Study Research: Design and Methods. Beverly Hills: SAGE.
3iNetwork. 2009. India Infrastructure Report 2009: Land-A Critical Resource for Infrastructure. New Delhi: Oxford University Press. ISBN-13: 978-019806337-7.
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Dey Biswas, S. (2020). The Empirical Context: Cases, Legal Context, and Theory of Science. In: Land Acquisition and Compensation in India. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-29481-6_5
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