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Legal Review by
Edited by
Updated by
Published on
January 12, 2020
May 31, 2023
Edited on
May 26, 2023
January 12, 2020
On November 1, 2019, the Daman district administration demolished around 90 houses that it alleged were illegally constructed on a 700-metre stretch of government land between Lighthouse Road and Jampore beach in Daman. According to a news report, most of the occupants are local fisherfolk who have been living on this land for over 10 years.
On November 2, Rakesh Minhas, collector and district magistrate, Daman, announced in a notification that the Government High School of Bhimpore, Nani Daman, and Government High School, Moti Daman, would serve as temporary detention centres till further orders.
When LCW called up Sagar Thakkar, tehsildar of Daman, to find out if there was a link between the two, he said, “We had served the eviction notice to all occupants staying illegally on the land two months in advance.” He, however, did not clarify the reason behind the anti-encroachment drive nor shared details about the two schools being turned into prisons. When LCW called him again to establish if there was a link between the two, he did not respond.
On November 3, some 70 people were arrested while protesting against the government’s decision and eviction. Police resorted to lathi-charge and used water cannons to disperse protesters and imposed Section 144 of the Criminal Procedure Code to prevent large gatherings.
On November 4, while addressing a press conference, Minhas announced that the affected families would be provided houses under the Pradhan Mantri Jan Awas Yojna, adding that the cheapest housing loan would be made available to the beneficiaries. “The houses that have already been built under the scheme should be given on a priority to those whose houses were demolished,” he said.
Demand to retain/protect access to common land/resources
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Undergoing trial
Did the person face any violence while in police custody?
No
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
Indian Penal Code, 1860
Code of Criminal Procedure, 1973
Section 144
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Neither were they informed, nor did they have access
In cases where the accused person approached the court for bail, was bail granted?
Yes
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
Residential area, Other Natural Resource extraction/dependence, Water bodies
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
Central/State Government Policy, Land Reform 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:
Forced evictions/dispossession of land
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:
Arrest/detention/imprisonment
Lathicharge/teargas/pellets
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
At least 70 people who were protesting against their eviction from a plot of government-owned land were detained by the Union Territory Administration of Daman and Diu. Police resorted to lathicharge and water cannons to disperse the protesters.
Date of Violation
November 2, 2019
Location of Violation
Moti Daman
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
District collector
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:
People who were evicted
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Undergoing trial
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
Indian Penal Code, 1860
Code of Criminal Procedure, 1973
Section 144
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Neither were they informed, nor did they have access
In cases where the accused person approached the court for bail, was bail granted?
Yes
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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