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Legal Review by
Edited by
Updated by
Published on
April 8, 2019
May 17, 2022
Edited on
April 8, 2019
Residents of Chaukhand village have been opposing the construction of a dam on Kharak river passing through Barwani and Khargone districts. The state government began land acquisition for the dam in 2011 even before the project got forest and environment clearances. Construction work began in early 2012 but was stalled due to protests by the residents, who demanded a comprehensive rehabilitation policy before the dam came up. In July 2012, some people from the villages of Juna Bilwa, Kaniapani and Choukhand were forced to accept a paltry compensation of INR 40,000 per acre as opposed to the district collector's guidelines, which fixed the compensation amount at INR 1.6 lakh for noncultivable land and INR 3.20 lakh for irrigated land. The farmers were informed that they would be paid compensation in three instalments, and they were threatened with imprisonment until the project's completion if they protested. Meanwhile, residents of four other affected villages in Barwani district Kamat, Kaniapani, Julwania and Muvasia were denied compensation. These villages are located in a reserve forest area. While some of the tribal residents have been given land rights under the Forest Rights Act, the claims of other farmers are pending. Residents of all the affected villages in both the districts have been demanding rehabilitation since 2012 under the Jagrit Adivasi Dalit Sangathan. The construction of the dam displaced more than 300 families in the two districts, with some agricultural fields submerging under the water released from the dam. In 2015, officials cracked down on their protests, resorting to brutal lathicharge of the tribals, including women and children, and arrest of 27 people. The matter was pushed to the Madhya Pradesh high court, which ordered rehabilitation in July 2016. In January 2017, the Supreme Court also categorically ordered that the displaced people be rehabilitated under the provisions of the Madhya Pradesh Rehabilitation Policy of 2002 and the resettlement and rehabilitation policy of 2008 under the Narmada Valley Development Authority. However, no compensation has been paid yet. In December 2019, the tribal community members protested in front of the district collectors office in Khargone. According to the report, they have resorted to Jail Bharo Andolan while raising slogan like Haq Nahi toh Jail Sahi (Jail is better than living without rights)'. An activist associated with Jagrit Adivasi Dalit Sangathan told the media, The families have presented their rehabilitation claims time and again, but it did not yield any benefits. The entire compensation process is stalled and people are now in jail. The protesters have been singing songs of resistance and are on hunger strike. Moreover, 21 protesters were arrested on December 18 and released in two days, but they were reportedly beaten up in custody.
Demand for rehabilitation
Demand for promised compensation
Demand for legal recognition of land rights
Rural
Both
Forest, Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Forest and Scheduled Area Governance Laws, Central/State Government Policy
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Non-implementation/violation of FRA
Constitutional inconsistencies between state and Union land laws
Violation of free prior informed consent
Controversial land acquisition by the government
Incorrect estimation of compensation
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Madhya Pradesh
Case Number
W.P. No. 3435/2015
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Physical attack
Torture
Lathicharge/teargas/pellets
Whether criminal law was used against protestors:
Reported Details of the Violation:
In July 2015, 20 men and seven women (belonging to Bhil and Bhilala tribes) from the tribal village of Chaukhand in Khargone district were arrested while many others with them were brutally beaten up by police for protesting against the construction of the dam. Farmers were also threatened with imprisonment until the project's completion if they protested. Protesters were reportedly beaten up in custody.
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Artistic and creative actions (theatre, murals, art, music etc)
Hunger strike
Government Departments Involved in the Conflict:
Ministry of Environment, Forests and Climate Change; Ministry of Tribal Affairs, Madhya Pradesh Police
PSUs Involved in the Conflict:
Narmada Valley Development Authority
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Narmada Bachao Andolan, Jagrit Adivasi Dalit Sangathan
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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