KASARAGOD: The National Highway Authority of India (NHAI) has apparently botched up the land acquisition -- and payment of compensation -- for the widening of NH 66 in Kasaragod, and residents are having a panic attack.
After around 10 years of notifying and renotifying of land required for the highway and paying compensation, the NHAI has presented the actual alignment of the highway, which is different from the land acquired by the authority in Thekkil and Chengala villages.
NHAI project director Nirmal Zade, in charge of the four-laning of the highway, insisted that it be called the actual alignment and not the new alignment.
Irrespective of the semantics, residents are angry and at the same time feeling helpless. Around 80 landowners in Thekkil and Chengala villages would be affected if NHAI goes ahead with the "actual alignment" and not the land already acquired for the widening, said special deputy collector K Ajesh, who is the NHAI's Competent Authority for Land Acquisition (CALA).
Project director Zade has directed not to release compensation to the people based on the old alignment in these two villages, said the CALA.
Landowners are stumped. Dr V Narayanan, who retired as a government doctor, has 17 cents of land between Poinachi and Chattanchal. In 2011, the land was first notified for acquisition. In 2013, Dr Narayanan's one cent was notified for acquisition.
In 2014, the government decided only half a cent was required and notified it again. On February 9, 2021, the Union government gave him the award paper, that is officially, the Union government became the owner of the land, though the compensation was not paid.
On February 16, Dr Narayanan started construction of his house in the rest of the plot. He invested Rs 11.5 lakh and the structure of the house is ready. "Now, all the officials came home and asked us to stop the construction because the new alignment may go through the house. They said we may lose the entire plot," said Dr Narayanan's son Sreejith Kumar M C, who works in a cooperative bank.
To begin with, NHAI was paying the family a paltry Rs 66,000 per cent as compensation for the highway-side plot. "It will be better if they bury us here before taking over our land," said Dr Narayanan's wife Chandravathy.
His neighbour Riyas built a palatial house and high compound wall after leaving the out land required for the highway. His plot also comes in the line of the new alignment.
But the problem is not restricted to Thekkil and Chengala. Ashraf Thalangara, who owns a commercial plot in Kasaragod village in Kasaragod municipality, said his land was not part of the initial acquisition plan. "Now, when the contractors came to begin work, they have demarcated our land for the highway," said Kunhiraman, the manager of Ashraf Thalangara's commercial building.
Officials in the office of the Competent Authority said the mismatch in the alignments became known when the contractors began work.
Uralungal Labour Contract Co-operative Society Ltd (ULCCS) won the contract to rebuild the national highway stretch from Thalapady to Chengala. Hyderabad-based Megha Construction won the bid for the Chengala-Taliparamba reach.
Who is responsible for the goof-up?
NHAI project director Zade said the problem is restricted to Thekkil village. The Competent Authority acquired land along the existing highway instead of acquiring land as per the sketch, he said. "Had it (acquisition) been a continuous process, the mistake would not have been there. In Kasargod, it went on for nearly 10 years," he said.
The project to make the NH66 a four-lane road in Kasaragod began in 2011. The land was acquired as per the road safety guidelines of the Indian Road Congress (IRC) issued in 2005.
In 2013, the NHAI backed off from the project because of disagreement with the state government over the pace of the project.
The project resumed in 2016 when the LDF took charge of the government.
By then, the NHAI hired a new consultant to prepare a Detailed Project Report. The new consultant prepared the report as per the guidelines of the Indian Road Congress issued in 2013-2014. "That alignment is the final," he said.
But in Kasaragod, the CALA may have continued to acquire land and pay compensation as per the old alignment, said officials.
All officials were evasive when asked if the 2016 DPR was not shared with the Competent Authority (Deputy Collector) to acquire land. Between the NHAI project director and Competent Authority, there is also a liaison officer to pass the decisions of NHAI to Competent Authority, who is essentially a state government official helping NHAI acquire and value land and pay the compensation.
Zade said if the highway was not made as per the 2016 alignment, there would be blind spots and accident-prone areas, defeating the purpose of building a modern highway. "We should rectify the mistake and move ahead," he said.
On not paying the compensation based on the earlier alignment and acquisition, state government officials said that was not possible. Under the National Highways Act, the Union government expresses its intent to acquire land by issuing a notification under Section 3A. After the 21-day window to challenge it, the Union government issues another notification under Section 3D of the Act. "Once that is done, the property belongs to the Union government and the compensation has to be paid," said an official.
Now, if the alignment is wrong, the government would have to acquire land again paying.
State government's view
When contacted, Land Revenue Commissioner K Biju, who is the special officer for land acquisition, said NHAI has not asked for additional land for the widening of the highway in Kasaragod. "The state government will consider such a proposal as and when it comes," he said and added that there was no possibility of abandoning the earlier plan.
Biju said the payment of compensation is in the final stage in Kasaragod. "Hardly Rs 300 crore has to be paid as compensation there. That will settle the matter in Kasaragod," Biju said.