Mr N.D.Tiwari,
Honorable Chief Minister of Uttarnchal,
Chief Minister’s Secretariat,
Dehradun August 2nd, 2004

Re: Implementation of Supreme Court ruling and justice for Dalits in Kashipur

Sir,
           I write this on behalf of about 150 Dalit families mostly hopeless, tired removed from their homes after a brutal assault on them by the local administration in connivance with M/s Escort Farms Ltd, Ramgarh, Kundeshwari, Kashipur, Shaheed Udham Singh Nagar in 1993. These Dalits were tilling a land which was declared surplus by the Commissioner of Kumaon Mr Nand Kishore Arya on January 14th, 1992 under the UP Land Ceiling and Zamindari Act 1973 (an amended version of UP zamindari Act 1960), declared 878.67 Acre land of M/s Escort Farms Ramgarh Ltd as Ceiling Surplus Land.He further declared 250 acre of land in the name of school as surplus. The poor peasants mostly Dalits began to till the land, which was declared of Chapter IV, under which any landless peasant would have ownership title of the land, which he had been tilling for the past 20 years. M/s Escorts Farms Ltd tried to play trick with the laws and ofcourse with the blessing of political leadership which has scant regards for constitutional and human rights norms. As a human rights activist who has worked with many international human rights organizations, I am shocked to see how poor people are made to live their lives.

None of them ever objected as long as land was waste but when the poor Dalits created a village Ambedkargaon there and land became fertile, M/s Escort Farms Ltd claimed that the land belonged to them and approached the local administration and went against the order to the Allahabad High court. Before the Dalits could get the land redistributed in their name legally, Mr P.N.Mehta, director of M/s Escort Farms Ltd not only destroyed their livelihood with the help of local police and administration. Women were beaten and children and aged were put behind the bar under charges of threatening peace in the area.

Ironically, the Dalits should have been living in that land yet the power of Escort Farms Ltd was so much that one night the administration, police and all the might of the State of Uttar Pradesh came with fire brigade and bulldozer and demolished an entire village against all norms of civilized society. It is pitiable that an organization that does not believe in civil society norms try to get justice from the court. Against the injunction of Commissioner Kumaon, M/s Escort Farms Ltd went to Allahabad High Court and the judgment came in May1995 when Justice R.B.Mehrotra not only rejected the petition of the company but also asked the state government to compensate the victim families for Rs 10,00000/-.

“ Keeping in regard to all the circumstances, I impose a cost of Rs 10,00000/- (Rupees ten lakhs only) on M/S Escorts Farms (Ramgarh) Limited (petitioner of the leading writ petition) which M/S Escort Farms (Ramgarh) Limited will deposit in the Court, within a month from today. In case of default, the state Government will recover the aforesaid amount as cost from the petitioner of the leading case or its Managing Director Shri P.N.Mehta, who enjoyed the fruits of the surplus land on the basis of the interim orders, on the basis of this judgment; no formal decree will be required to be prepared. The judgment will be executed without reparation of any final decree by issuing a recovery certificate by the Registrar of the Court. This special procedure is being adopted in exercise of inherent powers under article 226 of the constitution of India.”

The court further said, “ It is further directed that the land should be settled as far as possible with in three months of the taking possession of the land in accordance with the provisions of the Act as contemplated by Chapter IV thereof. The cost imposed on the petitioner of the leading case will be utilised for the rehabilitation and settling the persons in order of preference under sub-section (1) read with subsection (3) of section 198 of the U.P.Zamindari Abolition and Land Reform Act, 1950 and also contemplated under section 27 (3) of the UP Imposition of Ceiling on Land Holding Act. However it is being made clear that in addition to the costs imposed above, it will be open to state government to recover damages from the petitioner of the leading writ petition for wrongful enjoyment of the fruits of the excess area as permissible under law from the date of enforcement of UP Act No 18 of 1973,till the delivery of the judgement by the Prescribed Authority in accordance with section 16 of the Act. The costs imposed in the present petitions have only taken into consideration the wrongful enjoyment of excess land after decision of the Prescribed Authority.”

Interestingly, the both the state of Uttarnchal and Uttar-Pradesh did nothing to stop the illegal sale that was going on inside the subjudice area. I had complained to the authorities and met the ministers in the previous government, and some of them were keen to take action but took the shelter that the matter was the ‘sub-judice’. Even when the matter was subjudice, the land should have been with the State or those who were tilling it but it is just the opposite. It is a complete jungle Raj in the region where Tharus and Boxas used to live. The people related to M/s Escort Farm Ltd were happily flaunting its muscle and money power everywhere, the Dalits did not have anything to fight the case. Not only they became the victim of legal system where the lawyers are purchased and the petition became between State and M/s Escort Farms Ltd though these 150 families also became one of the party in the case but did not have right to argue their matter. Tragedy is that among the 150 families, many are no more alive, many lost their will to live there. There is a virtual boycott by the Sikh community. They cannot get any work during the season and preference is being given to cheap labour from Bihar.

After years of wait the Supreme Court has given a verdict. It has unambiguously asked the state to take control of the land which is under the illegal occupation of M/s Escort Farms Ltd. It has justified the ceiling act promulgated by the Commissioner of Kumaon. The judgment was delivered in February and till this date it has not been implemented. While the Dalits are dieing of hunger, we have evidence of illegal occupants which we had informed the state three years back. It would be a miscarriage of justice if this is not implemented and land not redistributed to landless Dalits. Uttaranchal is being termed as an upper caste state by all those who are worried about violence on Dalits. I would request honorable Chief Minister, who has been a veteran in Uttar-Pradesh and understand the caste realities in India, to immediately ask his officers to act on it. The day is not far that if Dalits are not given land they may either resort to violence or commit suicide for lack of resources.

Kashipur has been your ‘karmabhoomi’ and the world is watching us. This case has been highlighted internationally in the past few years when we were under Uttar-Pradesh. Time has come for your action on the issue. I have been vigorously campaigning for the agrarian reform movement in Uttar-Pradesh and other parts of India and as a person hailing from Uttaranchal, if your action help the Dalits here, we would be proud, telling our brotherns how we are the best governed state in India.

We have also heard that the two orchards of mango in the premises are being offered to private parties in Moradabad or elsewhere. We would request the government to desist from this. Let the government allow Dalits to form a cooperative and take care of it. For over 10 years they have been fighting for their survival and now time has come when the state should repay its debt to them who stood by it even when the state of Uttaranchal was being created unlike those who were against it just to save their illegitimate acts.

For a person who has contributed immensely on the issue of communalism in India, this was a tough choice. I know the Jat Sikhs may make it a communal issue but let me assure you that there are Dalit Sikhs whose name figure in our committee. They cannot communalise the issue for the sake of status quo.

I do hope to receive a positive action on part of the government and assure you our fullest cooperation.

Thank you,

Yours Faithfully,

Vidya Bhushan Rawat
Director