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Legal Review by
Edited by
Updated by
Published on
February 3, 2021
May 17, 2022
Edited on
February 3, 2021
In June 2019, a group of officials, comprising members of the panchayat and revenue department and two policemen, reached Rainpur village with a JCB to demolish six houses, including one built under the Pradhan Mantri Awas Yojana. They demolished the houses without any notice, Hem Singh Markam, who lost his house, told LCW. Another resident informed LCW that while the police was threatening the residents, the officials started the demolition drive, claiming that the land is sarkari zameen (government land) and is meant for a cow shelter. The six houses belonged to people from the Gond tribe and Yadav and Chauhan communities. They say that they have been living and farming on the forestland for more than four generations. They claim to have submitted applications under the Forest Rights Act, 2006, multiple times but said that their applications were not processed and they did not even get acknowledgement receipts for their applications. Earlier too, in 2018, another house and farming land were allegedly destroyed by the authorities. Some of the affected people had filed a police complaint against the sarpanch (head of panchayat). They were not given a copy of the complaint either. After their houses were demolished, the six families lived in makeshift homes with tarpaulin sheets for a year, even during the monsoons. Only recently, they have made mud houses. During the demolition drive, their household goods were also damaged and foodgrains were stolen. Markam informed LCW that one of his family members lost the Transfer Certificate of 10th standard and could not get admission in school in 11th standard. When the families went to the district collectors office to protest, they were given verbal assurance that the houses would be rebuilt and that the administration would send them tarpaulin sheets, medical help and other necessary aid, but the families got no help. Only a nurse came to check on them during the monsoon season, says one of the residents. In the year following the demolition, the families have filed several police complaints and have attended multiple hearings. Our attendance is taken by the lawyer and he gives us a next date for the hearing. Nothing more happens, Markam says. In addition to them, there are currently 75 households that have not received titles for their land. A few months after the demolition, about 100 residents from the same village protested at the Pali block office, demanding receipt of their FRA applications. The block office finally gave them receipts, but their claims are yet to be processed. In October 2020, again about 100 people protested twice in front of the panchayat office, demanding receipt of their FRA applications. After daylong agitations, the authorities finally handed them the receipts.
Demand for rehabilitation
Demand for legal recognition of land rights
Complaint against procedural violations
Rural
Both
Forest
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?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Other
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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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-implementation/violation of FRA
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Revenue department officials, along with the police, allegedly demolished six houses without prior notice. During the demolition drive, their household goods were damaged and foodgrains were stolen.
Date of Violation
Location of Violation
Ranipur village
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Revenue department, Police department
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
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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