RASHTRIYA KISAN DAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Public Interest Litigation has been filed by an organization styled as Rashtriya Kisan Dal represented by its Chairman. There is nothing to show as to whether this organization is a registered organization, representing the cause of farmers in the State of Gujarat. Party-in-person, stating himself to be the Chairman of Rashtriya Kisan Dal, has appeared and argued this case.

(2.) WRIT petition has been preferred seeking directions to the State Government not to allot agricultural lands to 2nd respondent for the purpose of setting up of Tata Nano Car Project. Petitioner has submitted that by allotting the land in question to 2nd respondent, State, in no way is benefited, but on the other hand, it will adversely affect the interests of the farmers/agriculturists, and consequently there will be shortage of agricultural products. Further, according to the petitioner, the Project requires substantial electrical power and if such projects are encouraged, it will adversely affect the persons, who are waiting in queue for power connections in the State. Further, it is also stated that if the State parts with the property reserved for cattle farm and also for educational purposes, the same will adversely affect milk production in the State and also make the State backward in educational field. Parting with the land in question, according to the petitioner, will render many of the farmers/agriculturists jobless. Further, petitioner also submitted that there is a move by the Government to provide loan to the tune of several crores of rupees to the 2nd respondent causing considerable financial strain to the public exchequer. Petitioner also submitted that incentives and concessions extended by the State Government to 2nd respondent would adversely affect the interest of the State. Petitioner also submitted that adequate compensation has not been paid to the agriculturists and few cases are pending before Civil Court, and if any action is taken by the State Government at this juncture, it will be subjudice.

(3.) PETITIONER also stated that 2nd respondent could not establish Nano Car Project at Singur obviously for the reason that allotment of lands for such a Project would not be in the best interests of farmers in the State of West Bengal. Similar is the situation in the State of Gujarat as well, according to the petitioner, the Government sacrificed the interests of the agriculturists in allotting the land to 2nd respondent. Petitioner also stated that Government has not disclosed or made available copy of the Memorandum of Understanding (MOU) entered into between the State Government and 2nd respondent and the citizens are kept in dark, which is not in public interest.