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Legal Review by
Edited by
Updated by
Published on
September 30, 2020
May 17, 2022
Edited on
September 30, 2020
Barjora (North) Coal Mine in Bankura district is spread over 700 acres across the villages of Manohar, Baguli, Ghutghoria, Sitarampur, Saharjora, Tikargram and Baraphukhuria. Owned by Damodar Valley Corporation and Eastern Mineral and Trading Agency till 2006, the mine was ordered to be shut down by the Supreme Court in 2014, along with 203 other coal blocks in the country. In 2015, West Bengal Power Development Corporation Limited (WBPDCL) bought ownership rights for the mine in an open bid auction. Montecarlo Barjora Mining Private Limited later procured rights to extract coal from the mine. The estimated cost of mining was INR 918.58 crore, and 228 hectares of land were leased for the same. Residents of Keshabpur and Manohar villages have complained of cracks in their houses due to blasts from mining operations. "More than 150 houses in our village have cracks, and all of them start shaking violently during the explosions. The tiles start falling down from the roofs so we have to wait outside the house during the blasts. Even our crops have been destroyed by the collierys polluted water. Our lives and environment are under threat. When we protested against WBPDCL & Montecarlo, they filed cases against 13 of us six men and seven women. Some of the women are older than 60, Baren Bauri, a resident of Manohar village, informed LCW. Suman Bhaduri, a resident of Keshabpur village, added, Our village adjoins the colliery, but it does not fall within the blast radius. We have filed complaints with the Block Development Officer (BDO), panchayat and higher authorities but all in vain. Cases have been slapped on five persons, including me. None of the companys promises, including 500 days wages to the affected people, road repair work and other infrastructure development, have been fulfilled. The agrarian labourers in our village are without livelihood. BDO Bhaskar Roy refused to speak to LCW when questioned about the villagers allegations. However, WBPDCLs Land Officer Pradeep Roy told LCW that they have received reports of cracks appearing on houses and that subsequent investigation is underway. He said that the company generally blasts 50 metres away from settlements and since these villages are outside the blast radius, there is no question of rehabilitation. He, however, mentioned that when the mine is fully operational, the agrarian labourers in the area will be employed and some of the companys CSR funds would be allocated for the development of the village. According to the All India Agriculture Workers Union, only 262 people of the 600 affected by mining have received 500 days wages as promised. These 600 people also include agricultural labourers from nearby villages, some of whom do not own land or houses in Keshabpur and Manohar villages. In protest, the Union members organised rallies and gheraoed the district magistrate's office on August 1, 2019. They went on an indefinite hunger strike in January 2020 demanding rehabilitation, employment and compensation for the agrarian workers. The Union called off the strike after 10 days when the BDO and local police promised to look into the matter. Meanwhile, many of the local people who collect coal from abandoned areas of the mine to sell in their local markets get injured in the process. In January 2020, three people, including two women, died in Baguli village while collecting coal as the mine caved in when they were inside.
Demand for rehabilitation
Demand for promised compensation
Demand for promised jobs
Rural
Common
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
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):
₹
918
Type of investment:
Cost of Project
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
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.
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
Violation of environmental laws
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)
Bankura District court
Case Number
72
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
False cases were filed against residents who protested against WBPDCL and Montecarlo.
Date of Violation
Location of Violation
Manohar and Keshabpur villages
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Hunger strike
Protests/marches
Government Departments Involved in the Conflict:
PSUs Involved in the Conflict:
West Bengal Power Development Corporation Limited (WBPDCL)
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Montecarlo Barjora Mining Private Limited
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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