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1st August 1998

Press Release

Brutal eviction awaits 208 families as Asst. Commissioner tampers land records transferring ownership to Airport Authority of India

Revenue Minister not aware: Promises to study the matter

Mr. Ramnath Rai, MLA (Bantwal) led a delegation to Bangalore yesterday to meet with the Revenue Minister Mr. B. Somashekar to lodge their strong protests against the tampering of land records by the Asst. Commissioner (Land Acquisition), Mangalore, and urged him to take immediate and correction action. The delegation consisted of the representatives of the Vimana Nildana Vistarana Virodhi Samithi (a committee of project affected families fighting against the development of a second terminal to Mangalore’s Bajpe airport for the past 10 years), Karnataka State Dalita Sangarsha Samithi, School Betterment Committee of Adyapady, Yuva Vedike, Adyapady and Parish Council of the Adyapady Church

Mr. Somashekar was totally unaware of the entire episode. He assured the delegation that he will immediately study the matter and until a proper opinion emerges from his office, no further or immediate action can or will be taken on the project. He also confirmed that he would visit the villages to apprise himself of the gravity of the matter.

It may be recollected that, on 20^th and 21^st July 1998, Mr. Nagappa, the Assistant Commissioner (Land Acquisition Officer) of Mangalore with the help of his Village Accountants and other staff, indulged in tampering RTCs (Revenue Record of Rights) of those communities that have been resisting the expansion of the Bajpe Airport at Mangalore. This most outrageous demonstration of misuse of power was carried out overnight in order to transfer the land rights from individual property owners to the Airports Authority of India.

Only a few weeks ago the Revenue authorities had come house to house to collect taxes, and have even issued receipts for the year. The law abiding and honourable citizens, who despite their poverty believe in paying their taxes, are now being criminally cheated out of the ownership of their properties. The deceitful actions of one officer are only the tip of the iceberg of a most systematic and brutal attack on the rights of the project affected communities. A single officer excepting with the blessings of his political bosses cannot undertake such a systematic action. The Government for reasons best known to them is intent on pushing through an ill-conceived, techno-economically unviable, environmentally disastrous and socially unjust project by whatever means they can muster.

A programme of most brutal eviction awaits 208 families of the Adyapady, Malavur and Kolambe villages of Mangalore taluk. With the barbaric eviction of the Kutthethuru villagers on a monsoon night for the MRPL project still fresh in people’s minds, hundreds of men, women and children live in fear today. With rule of law elusive, and the district authorities turning into forces of terror and deceit, the project affected community fear that a massive police assisted action would raze their villages to the ground even as monsoon rains lash their hill. In a repeat of the MRPL experience, no rehabilitation or compensation programme is in place.

Over 90% of the 208 families belong to the Dalit Community, people who were rehabilitated on these lands before independence, that after being rescued from slavery and bonded-labour. With increasing consciousness of Dalit rights, the people of Adyapady, Malavuru and Kolambe villages have systematically struggled to raise their standard of living over the decades by securing various Government Schemes, including special schemes for SC/ST, such as Ganga Kalyana, road developments, etc. Where no schools existed, a very big higher primary school has been developed, and the Government has recently cleared plans to develop this into a High School. Now all this will be razed to the ground and people thrown out of their houses in the downpour of the monsoons, as the State Government pushes the airport expansion project through in collaboration with the Airports Authority of India.

The “activity” of Mr. Nagappa and his officers was brought to the attention of the local press and the local MLA Mr. Ramnath Rai. On 22^nd July, Mr. Rai led a protest delegation of the project affected communities to the Deputy Commissioner of Dakshina Kannada, Mr. Ramana Reddy, seeking immediate reversion of the documents to their original state and pressed for an enquiry into the matter. However, no corrective action has followed since.

Grounds of Public Interest Litigation

The Bajpe Airport expansion is presently under challenge in a Public Interest Writ Petition No. 37681 of 1997 filed by some of the undersigned in the High Court of Karnataka. The matter is presently awaiting hearing before a Division Bench consisting Chief Justice Mr. R. P. Sethi and Justice Mr. K. R. Prasada Rao. The need to file a PIL against the project emerged when extensive technical, scientific and legal research established that the project was ill-conceived, un-economical and unsafe. Violations of the Aircraft Act, 1934, the Airport Authority Act, 1994 and the Air Corporations (Transfer of Undertaking and Repeal) Act, 1994, are but a few of the legal violations. Absolutely no feasibility study has preceded the Government’s plans in initiating this project.

The project completely violates all the design and safety standards developed for airport construction in the National Building Code of India governed by the Bureau of Indian Standards Act, 1986, and the international norms and regulations developed by the International Civil Aviation Organisation, to which India is a contracting state.

Abutting the proposed runway alignment is the proposed development of the JESCO Steel Plant, which with its ¼ km high smoke stack, will certainly limit the visibility for the operation of flights, which in itself is a blatant violation of obstacle limitations standards as per the Aircraft Act. The proposed runway is being developed on a plateau, with a drop of over 100 metres on all sides, thereby completely obviating the possibility of any emergency preparedness in the event of accidents. Further, such terrain makes it absolutely impossible for future expansion of the airport to enable landings of wide-bodied aircrafts, while failing to serve even the needs of safe landing and take-off for the Airbus 320 class that is within the present proposal.

With all these and more such violations having been pointed out in the PIL filed during December 1997, it is shocking to note that the Respondents, including the Director General of Civil Aviation, the Airports Authority of India, and vairous other agencies of the State and Union Goverments, are yet to file their counters to the petition. Clarifying the doubts of the public should be the priority in governance, particularly considering the sensitivity of this project. However, muddle headed behaviour seems to prevail over public rationale and scientific principles. A most ludicrous instance of such planning is that the multi-fuel petroleum pipeline proposed to evacuate products from MRPL to Bangalore is indeed crossing the alignment for the proposed runway.

We come to you with the hope that our voices of reason will find space in your responsible and respectable newspapers. In our time of distress and dismay, we look upon the support and co-operation of your esteemed service to society, in exposing the mis-deeds and brutality of the State Government.

Fr. Ronald D’souza, President of the Samithi and Parish Priest of the Adyapady Church,

Mr. Arthur Pereira, Secretary, of the Samithi

Mr. M. Devadas, Treasurer, Karnataka State Dalita Sangarsha Samithi,

Mr. G. I. Shaikabba, President, School Betterment Committee, Adyapady

Mr. K. Murali, President, Yuva Vedike, Adyapady, and

the undersigned

Mr. Leo F. Saldanha, Co-ordinator, Environment Support Group, Bangalore.