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Legal Review by
Edited by
Updated by
Published on
February 2, 2023
February 3, 2023
Edited on
February 2, 2023
Lives of 701 families are being threatened by the proposed Kishau multipurpose dam project in Dehradun district of Uttarakhand. If constructed, it will be Asia's second highest dam.
The 660 MW dam will be constructed on river Tons that flows along the border of Himachal Pradesh and Uttarakhand for part of its length before entering the plains and finally joining the Yamuna. This entire stretch is covered with forests and rich in biodiversity – rural communities living in the area continue to adopt a traditional and sustainable way of life.
The project will be constructed at an estimated cost of 11,500 crore rupees (as of 2018). While the project had first been conceived in 1963, it did not receive approval for fifty years on grounds of seismic safety and economic unviability. It received a boost in 2013 with the Union Government’s decision to bear 90% of the cost, with the rest being borne by the states benefiting from the project.
The Kishau dam, once established, is expected to submerge 2950 ha across Uttarakhand (on the left bank of the river) and Himachal Pradesh (on the right bank). Nine villages in Uttarakhand will be affected by the dam.
The residents of the affected villages have been protesting against the project as the displacement it will cause will negatively affect their livelihoods and traditional lifestyle. The families practice agriculture with livestock rearing. The most fertile land in the area is the flat land adjoining the river which will be submerged. This is a highly productive land and allows for several crops in a year, including cash crops such as ginger. Livestock use common lands and forest area in the region for grazing. Loss of access to this fodder-rich commons will drastically affect the livestock and the livelihoods that depend on those animals. Landless individuals (including members from the Dalit community) who carry out fishing and gather non-timber forest products also stand to lose at least part of their livelihood and an important protein source in their diet.
The local communities claim that the compensation offered cannot replace the loss of fertile lands as well as of commons land. With the loss of the forage lands, resource stress on existing lands will increase. The fear conflicts between the present users of this land and the ‘new’, displaced grazers might also arise. The landless Dalit families of the area who practice tenant farming will lose their livelihoods completely.
Many Dalit families who do not have land entitlements practice tenant farming in the affected villages. If the land holders are resettled as per the government plans, these landless families will be completely deprived of their livelihood and home.
The local residents have witnessed the trauma and upheaval experienced by those displaced by the Tehri, Renuka, and Lakhwar dams. This has raised concerns about the process and the impact of displacement, despite the compensation offered. The residents on the Himachal side have organised themselves as the ‘Kishau Bandh Sangarsh Samiti’. A report detailing the impact of the dam on the local communities has been also been prepared by Himdhara, a civil society organisation based in Himachal Pradesh.
The Uttarakhand and Himachal Pradesh governments jointly formed Kishau Corporation Limited in 2017 to implement the project. The task of preparing the revised detailed project report has been awarded to Tracktowel. They are expected to complete the report by January 2024.
On June 15, 2022, the Expert Appraisal Committee of river valley and hydroelectric projects returned the project proposal, stating that it was not properly prepared.
Demand to retain/protect access to common land/resources
Refusal to give up land for the project
Demand to cancel the project
Rural
Common and Private
Forest and Non-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
Project underway despite protests
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land, Grazing, Other Natural Resource extraction/dependence, Residential area, Water bodies
Whether the project was stalled due to land conflict
Data Unavailable
Source/Reference
Total investment involved (in Crores):
₹
11500
Type of investment:
Cost of Project
Year of Estimation
2018
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
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
No
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-consultation with stakeholders
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
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:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Community-based participatory research
Media-based activism/alternative media
Development of a network or collective
Protests/marches
Government Departments Involved in the Conflict:
PSUs Involved in the Conflict:
Uttarakhand Jal Vidyut Nigam Limited
Did LCW Approach Government Authorities for Comments?
Mr. Sandeep Singal, Managing Director of Kishau Corporation Limited Sent an inquiry, no reply received yet
Name, Designation and Comment of the Government Authorities Approached
Mr. Sandeep Singal, Managing Director of Kishau Corporation Limited Sent an inquiry, no reply received yet
Corporate Parties Involved in the Conflict:
Kishau Corporation Limited
Did LCW Approach Corporate Parties for Comments?
Yes
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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