Dadupur-Nalvi irrigation scheme: Haryana landowners who want to reclaim land will now have to pay 12% interest

The state government had de-notified the scheme in 2019 following objections by the Comptroller and Auditor General and hence decided to return the land to the land owners or their legal heirs.

“The original landowners/their legal heirs who seek compensation for usage and damages will have to return the total amount paid to them excluding solatium along with simple interest at the rate of 12% (instead of 9% per annum mentioned in Government notification dated July 1, 2019), from the date of receipt of original compensation rate paid to them till the date of return of compensation by depositing the same with Land Acquisition Officer, Ambala, to distinguish it from the earlier scheme with a similar objective,” the government notification mentions.

The Comptroller and Auditor General had pointed out that the “usefulness of the project was not convincing”. After taking the legal opinion from then Advocate General, the issue was subsequently raised in the council of ministers’ meeting chaired by then chief minister Manohar Lal Khattar and the land was de-notified in July 2019.

The August 14 notification issued by Anurag Agarwal, Additional Chief Secretary, Department of Irrigation and Water Resources, mentioned, “In continuation of the earlier Government notification dated July 1, 2019, the Government of Haryana is further agreed to extend the time from August 1, 2024 to December 31, 2024 to the land owners for return of their land regarding Dadupur-Nalvi Irrigation Scheme which had been denotified by Government vide notification dated August 3, 2018 with the following terms and conditions”.

The other four of the five conditions mentioned in the notification include – “the landowners/ legal heirs who will deposit 10% of the total amount payable by them while applying for returning of their land with relevant documents from August 1, 2024 to August 31, 2024 would only be considered eligible and balance 90% of total amount will have to be deposited by them up to December 31, 2024.”

The third condition states that “while submitting its claim to the respective circle office (i.e. Superintending Engineer/ Hathnikund Barrage Circle, Jagadhri, Superintending Engineer/ Saraswati Heritage Circle, Kurukshetra and Superintending Engineer/ SYL, Water Services Circle, Ambala) and or in the office of Land Acquisition Officer, Ambala, the land owners should indicate their choice as to whether they would make payment of interest and claim of compensation for usage of damages or not”.

The other two conditions include – “The simple interest will be waived off for the landowners who do not claim compensation for usage of damages of any kind like usage by Government after acquisition and damages for restoration of land; and Possession of land will be delivered only after the compensation amount is returned.”

Dadupur-Nalvi irrigation scheme

Dadupur-Nalvi Irrigation Scheme was conceptualized in the 1985 on the assumption that with the completion of Satluj Yamuna Link Canal (SYL), Haryana’s full share in Ravi Beas would be available and it would be possible to irrigate parcels of land in Yamuna Nagar, Kurukshetra and Ambala districts, by releasing 590 cusecs of water throughout the year from the river Yamuna into a lined channel taking off from Dadupur.

The consequent shortfall in Yamuna waters was to be compensated at Munak canal from surplus Ravi Beas waters, which were to be received by the State through Satluj Yamuna Link Canal.

Due to the non-completion of Satluj Yamuna Link Canal in 2004, it was decided to keep the entire canal system unlined and to feed it during Kharif period only to serve the purpose of Kharif irrigation and recharging of the water table. After reconsideration of the scheme during October 2005, it required 2247.50 acres of land, including 190.085 acres already acquired in the late 1980s.

A total of 830.10225 acres of land was acquired for this scheme from 2004, which was meant for the construction of only the main channels namely Shahbad Feeder, Shahbad Distributary and Nalvi Distributary. Rest of the land, nearly 1227.3427 acres, meant for the construction of distributaries and minors, could not be acquired due to resistance by land owners who are farmers since they were not interested to give their land for building channels which would bring water only during Kharif period (rainy season), when they did not require the same.

Due to non-acquisition of more than half of the total project land, the scheme was rendered totally unfruitful as the area proposed to be irrigated could not be supplied water due to non-acquisition of land for distributaries and minors.

The Cabinet meeting on June 25, 2019, deliberated on the government notification to denotify the land of Dadupur-Nalvi Irrigation Scheme measuring 824.71 acre wherein it was decided to inform the original landowners and their legal heirs about the decision to return the land. At that time, the government decided that the land owners or their legal heirs would “return the total amount paid to them excluding solatium, on as is varies basis, alongwith simple interest at the rate of 9% per annum from the date of receipt of original compensation by them”.

The government, then had also decided to waive even the simple interest for the landowner farmers who do not claim compensation for usage or damages of any kind like usage by government after acquisition and damages for restoration of land. The notification for de-notifying the land was issued on July 9, 2019.