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7. On 27th December, 2006, Sri Laxman Seth, Member of Parliament and Chairman of HDA addressed a meeting at Nandigram Bazar where he categorically stated that lands would be acquired at Nandigram. At this meeting, he also made a statement that the necessary notices would be hung up in the Local Panchayat Offices on 3rd January, 2007. The very next day, i.e., on 28th December, 2006 HDA issued a notification stating therein that HDA had decided to set up a Chemical Hub at Nandigram and Khejuri Block. As a result of these actions people of Nandigram became agitated, organised themselves and started raising slogans against the land acquisition. A large number of people had gathered in front of Kalicharanpur Gram Panchayat, Sonachura Gram Panchayat and Kadambini Gram Panchayat on 3rd January, 2007. The first incidence of violence had occurred on that day. This violence continued on a daily basis. Details of which have been given by the parties in the respective affidavits. It is not necessary to recapitulate in detail the incidents except to make a short list of dates on which the violence occurred on 4th January, 5th January, 6th January, 7th January, 8th January, 16th January, 17th January, 25th January, 26th January, 2007. During this period CPI (M) had put a party camp in the areas of Bhangabera near Sonachura and Sarkarchak and Tehatta Bazar (near Gokulnagar). Outsiders 'musclemen with arms and ammunitions' freely roamed in these camps. There were continuous shooting matches between the different groups. Complaints were lodged with the police. Details of these complaints have been given in the pleadings but no action was taken on them.
27. Learned Counsel made a reference to a sketch map of the Nandigram area. He emphasised that most of the supporters of CPI(M) are situated in Khejuri. Most of the violence took place in the Nandigram area. Nothing happened in Khejuri. There is a natural division between the Kehjuri and Nandigram formed by Talpati Khal. There was peace in the entire area till 14th March, 2007 when something happened. On 15th of March, this Court passed an interim order giving a number of directions. The Bar Association formed a team consisting of 25 senior Advocates and lady Advocates. They interacted with the local population and prepared a report which has been submitted in this Court. The victims also came to the Governor seeking justice. This petition is based on the reports submitted by the Advocates and is not a newspaper report based petition. There was wide coverage of the violence and police firing at Nandigram in the National newspaper and electronic media. At least one newspaper namely, 'Bartaman' published from Calcutta on 14th March, 2007 reported that Nandigram had been surrounded by police force and there is purportedly designed attempt to secure forcible entry into Nandigram by armed police force of the State acting in concert with the armed activists of the major political party now in power in West Bengal. On 13th March, 2007 even the Home Secretary made a Press statement to the following effect:
(b) to talk to the victims and their family members to ascertain their feeling about such incidents;
(c) to ascertain the needs of the people of Nandigram and cause of resentment amongst the people against. Administration for which there was firing by the Administration and its associates.
30. It was this committee which had visited the affected areas and submitted a report on the basis of their own enquiries and observations. The Two lady Advocates personally interacted with ladies of the affected villages and collected information to the extent possible from the local women who claimed to have been raped and/or molested on 14th March, 2007 at their villages. On the basis of the pleadings contained in the writ petition Mr. Mukherjee submits that there is a bridge known as 'Tekhali bridge' which leads to "Tekhali bazar'. The villages on the Nandigram side have to cross this bridge to go to Tekhali bazaar. This bridge has to be crossed by the villagers to get their necessities like kerosene, wheat, sugar and medicines. It is also the only means of communication for transporting the agricultural produce and the fish. There is also a bridge running between Khejuri and Bhanabera. Both these bridges have been closed on imposing an economic blocked on the villagers in the Nandigram area. This has been done to starve the people of Nandigram into submission and to compel them leave their hearth and home. The two bridges are so important and integral to the life of residence of Nandigarm that their closure would reduce Nandigram area to mere animal existence. The children of the people residing in the villages on the Nandigram side have to go to Khejuri to attend the High School in the locality. They are, however, not able to reach the schools as the villagers are being forced to remain confined in villages under threat of physical violence. The very large numbers of people of Nandigram who are reportedly opposed to the proposed acquisition have formed an organization in Nandigram area known as 'Bhumi Ucched Pratirodh Committee' (hereinafter referred to as BUPC). This is a non-political organization. To crush all resistance some of the leading activists of the major political party in power in the State who are, however, been a stronghold over the adjacent Khejuri and Tekhali bazaar area conspired with the local administration and the police force as well as armed antisocials to launch attack on the people living in the Nandigram area. It is a general perception among the people of Nandigram area that the police and the other people armed with guns opened fire without any justification upon unarmed people and their family members including women and children. The exact number of firings is not ascertainable as firings was resorted on a large scale. Some of the bullets recovered from the site do not belong to police rifles.
The Union Government and the State Government jointly worked out on a proposal at New Delhi and decided to set-up a chemical hub in our State. Eight other States were also the contestants, but we finally emerged as winner. Indian Oil Corporation is the primary anchoring investor of this chemical hub, and we made an agreement with them. Since Nandigram is just beside Haldia, so we decided to set-up chemical hub there. Just a bridge is required to be constructed to connect Nandigram with Haldia. Thirty years back Haldia was a mere village of fisherman, now if we can set up a chemical hub at Nandigram, in future it will become a developed industrial town like Haldia. But the proposal was at its primary stage. On 28th December, 2006 Haldia Development Authority issued a circular to its block office. It was a mistake. It had came to my notice after two days and then and there I instructed Haldia Development Authority and District Magistrate not to issue any notice on land acquisition at any spot. An official instruction was sent to Haldia Development Authority and they withdraw their circular. I told District Magistrate to inform all the political parties that there was no question of acquisition of land at Nandigram. You are also aware that afterwards, on 11th February I had attended a mass relay at Khejuri and there I pronounced clearly that we decided to build Nandigram as another developed industrial town beside Haldia, but we will not proceed further against the will of local people. We should not do any work forcibly. If the local people are not desirous, we will not set up chemical hub there. In the prevailing situation. I am repeating my Statement before the house that if the people of Nandigram are not willing, there would be no chemical hub there. But we will set up chemical hub elsewhere. Because as a part of that chemical hub I.O.C. will install refinery. The downstream units will produce textiles from polymer and rubber from Butadiene. As a whole a developed Chemical Industrial Zone will be formed. But if the local people are reluctant, the venue of the proposed hub will not be Nandigram.