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Legal Review by
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Updated by
Published on
March 30, 2017
July 13, 2023
Edited on
March 30, 2017
In 2016, the Adani Group asked the state government to acquire land to build a 1,600megawatt thermal power plant. The government responded in March 2017 that it had acquired 917 acres, of which 500 acres were acquired from six villages in Godda district. A public hearing on March 5, 2017, was held to discuss the environmental impact of the project on Motia and adjoining villages in the district. Around 3,800 people who would be affected by the project attended the meeting, which turned violent after villagers complaint that they were unhappy with the compensation offered by Adani. People were brought from outside for the public hearing. Projectaffected people like me who were opposing the project were not allowed to go in for the hearing, Chintamani Sah, one of the petitioners in the case, told LCW. He added that some 400 projectaffected people had written to the district collector, the state government and the governor in 2017 opposing the land acquisition but no action was taken. In the same month, the Jharkhand Vikas Morcha (JVM) staged a protest in Motia to support the demands of the local people. According to JVM chief Babulal Marandi, the Adani project will spread pollution and disease in Godda while Bangladeshis will reap its benefits. A factfinding report by the Jharkhand Janadhikar Mahasabha and three other organisations found several irregularities in the project, such as forceful land acquisition, intimidation and police brutality. According to a media investigation, the state had undermined several safeguards in the LARR Act, 2013, relating to public purpose reasoning, social impact assessment, consent and compensation. In February 2019, the government approved the thermal power plant proposed by Adani Power, making it Indias first standalone power project to get the status and benefits of a Special Economic Zone. In the same month, 16 land owners filed a petition at the High Court of Jharkhand challenging the land acquisition and highlighted several irregularities in the process. According to a media report, the petition asked the court to quash the acquisition of agricultural and common property land and order the return of the acquired land. The petitioners also sought a stay on all construction activity. The petition is currently being heard. As of March 2019, the company received a formal approval for 222.68 hectares of land and an inprincipal approval for 202.32 hectares. According to Jharkhands energy policy, the state is legally entitled to buy 25 per cent of the power generated by power plants within the state. However, according to a report, the government had amended the policy to allow Adani to charge a higher price for this project than other thermal projects in the state. Ramamurthi Sreedhar, a scientist from the Delhibased nonprofit Environics Trust, challenged in the National Green Tribunal the environmental clearance granted to the project. The petition cites numerous grounds, including the companys decision to switch the water source for the plant from the Chir river to Ganga post clearance. Criminal cases have also been filed against Dalit and tribal farmers who protested the takeover of their land. In February 2020, AdaniWatch, a non profit investigating Adani projects, launched a factfinding mission. A leader opposing the project said, "The work on the plant is 40 per cent complete. While many petitioners have dropped out, some others are still strongly opposed to the case. With the current government not doing much about it, the fate of the project rests on the small number of determined villagers who are legally battling against the company."
Refusal to give up land for the project
Complaint against procedural violations
Opposition against environmental degradation
Demand to get back acquired land
Rural
Both
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):
₹
14000
Type of investment:
Investment Made
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
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, Constitutional Law, Environmental Laws
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.
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:
Constitutional inconsistencies between state and Union land laws
Non-implmentation/violation of PESA
Controversial land acquisition by the government
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jharkhand
Case Number
WP(C) 4844/2017; Appeal No. 13/2019 (EZ)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Protests/marches
Government Departments Involved in the Conflict:
Jharkhand Government
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Adani Power Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Jharkhand Vikas Morcha
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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