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Farmers Demand Return of Land Acquired for Adani Power Plant in MP

Reported by

Legal Review by

Edited by

Updated by

Arpit Deshmukh

Published on

July 13, 2023

Edited on

State

Madhya Pradesh

Sector

Power

People Affected by Conflict

3000

Households Affected by Conflict

Land Area Affected (in Hectares)

300

ha

Starting Year

2010

Location of Conflict

Chausara

Chhindwara

Reason or Cause of Conflict

Thermal Power Plant

Land Conflict Summary

Adani Pench Power Limited, a subsidiary of Adani Power Limited, is setting up a 1,320megawatt supercritical thermal power plant in Chhindwara district. The construction of the plant will affect 31 villages and submerge over 5,607 hectares of land, including the full submergence of six villages. Affected farmers are opposing the project on two grounds: one, they are against the plant and second, Adani diverted land for the project without their consultation. The state government decided to provide the land and infrastructure for the project. In 1987, the Madhya Pradesh Electricity Board acquired land from five villagesChaunsara, Hiverkhedi, Dhanora, Tekathawadi and Dagabani Pipariaat the rate of INR 1,50010,000 per acre for 750 acres. However, the farmers still had possession of the land until 2010, when Adani came into the picture. In 2010, the state sold the land to Adani for "INR 13.75 lakh per acre without conducting a public hearing", says Advocate Aradhana Bhargava, a social worker fighting for farmers' rights. The farmers are protesting against the government's move and have demanded that their land should be returned to them. In 2011, over 3,000 farmers marched to the Parliament house in Delhi against the acquisition and sale of their land by the government to Adani. In November 2012, as part of police clampdown to suppress the protest against water diversion for the Pench Power Plant, Medha Patkar and 21 activists were arrested by police in Chhindwara. In 2016, another rally was conducted to demand the formal return of the land, although the people still had physical possession of the land. In a 2019, Adani Power acquired entire stakes in Adani Pench power project, changing its name to Adani Pench Power Plant. The company is now seeking an extension of the environmental clearance (EC) to the project. The earlier EC expired in 2019. Meanwhile, Adani has taken possession of the land and is expected to start the construction work by 2022. When LCW contacted Rajkumar Sinha from the National Alliance of People's Movement on August 4, 2020, he said that on May 27, 2020, the state government had signed a 1,320megawatt power purchase contract with Adani Power to supply electricity from the Adani Pench Power Plant. At least 28 organisations have publicly opposed the move in a press note questioning the need to purchase electricity when the state already has excess electricity. Meanwhile, Adani Power has built a gate around the land although the construction ie yet to start. In May 2021, the farmers put forward the demands for jobs after the completion of the power plant as per the agreed terms or permission to cultivate the vacant agricultural fields around the plant. To settle the disagreement, the administration conducted two meetings between Adani officials and farmers. But the meetings were inconclusive.  Subsequently, in June, the farmers planted Kharif crops in over 200 acres of land, reported a local newspaper. In response, the Adani officials filed a complaint with the block tehsildar accusing the farmers of encroaching the land. The tehsildar has issued notices to over 50 farmers. However, the farmers have refused to answer the notices. They claim that the Adani officials were already given a warning at the time of the meetings. 

Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Demand to get back acquired land

Demand for employment

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common Land

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):

7390

Type of investment:

Investment Expected

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Environmental Laws, Land Acquisition Laws, Forest and Scheduled Area Governance Laws

Legislations/Policies Involved

Special Economic Zones Act, 2005
Section 5(d) [Central Government to discharge functions of creating employment opportunities in Special Economic Zone]
Andhra Pradesh Employment of Local Candidates in the Industries/ Factories Act, 2019
Section 3 [At least 75% of employment engaged should consist of local candidates in the Industries/ Factories/ Joint Ventures and Public Private Partnership mode and if there is a shortage of candidates, active steps should be taken through active collaboration of Government to train local candidates within 3 years
Andhra Pradesh State Rehabilitation and Resettlement Policy, 2005
Para 4.5 [Duty of Administrator to ensure minimum displacement, Holding consultations with affected families, Protection of interests of the the weaker sections, ensuring proper rehabilitation and resettlement]; Chapter 6 [Resettlement & Rehabilitation benefits for project affected families such as allotment of house site, exgratia payment and other grants] ; Chapter 6-A [Social Impact Assessment of Project to be carried out in Scheduled areas if more than 200 families are getting displaced]
Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
Rule 34 [Return of Land to the Original Land Owner if land remains unused for 5 years after possession being taken]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 25 [Collector to make award within 12 months from the date of publication, else acquisition proceedings shall lapse]; Section 31[this section enlists the components to be included in the rehabilitation award including mandatory employment for members of affected families]; Section 41 [Special provisions for Scheduled Castes and Scheduled Tribes in Scheduled Areas and prior consent of Gram Sabha or Panchayat or Autonomous District Councils]
Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996
Section 4(i) [Gram Sabha or panchayat to be consulted before land acquisition and rehabilitation]
Land Acquisition Act, 1894
Section 11A [Collector to make the award within a period of two years from the date of publication of the declaration, else entire Acquisition proceedings shall lapse]; Section 16 [Possession may be taken after award has been made by the collector]
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

No items found.

Legal Status:

In Court

Status of Case In Court

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal

Name(s) of the Court(s)

National Green Tribunal, Supreme Court

Case Number

Appeal No. 1 of 2013 (NGT); CA Nos. 69 and 274 of 2014 (SC)

Main Reasoning/Decision of court

The petitioner challenged the environmental clearance granted for the project before the NGT in 2013, claiming that there was "lack of communication" about the transfer of land to Adani, about the environment clearance (EC) granted and about the Environment Impact Assessment to the affected community. In its order dated 11th July 2013, the NGT rejected Adani's preliminary contention that the challenge was filed after the limitation period had elapsed, and listed the matter to be decided on merits. A review application filed against the NGT's order was rejected on 28th November, 2013. Adani Pench Power Ltd. filed an appeal against the NGT's July order in the Supreme Court as well. They obtained an interim stay against NGT proceedings on 6th January, 2014. Noting that the Supreme Court had not even fixed a date for hearing by 10th November, 2014; the NGT adjourned the matter indefinitely, with permission to reopen the matter once the SC passed orders. The matter has not been listed in the Supreme Court since 12th July 2016.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Reported Details of the Violation:

In November 2012, as part of police clampdown to suppress the protest against water diversion for the Pench Power Plant, Medha Patkar and 21 activists were arrested by police in Chhindwara

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Protests/marches

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Madhya Pradesh Electricity Board

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Adani Pench Power Limited

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Landowners

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

Adani Pench Power Limited, a subsidiary of Adani Power Limited, is setting up a 1,320megawatt supercritical thermal power plant in Chhindwara district. The construction of the plant will affect 31 villages and submerge over 5,607 hectares of land, including the full submergence of six villages. Affected farmers are opposing the project on two grounds: one, they are against the plant and second, Adani diverted land for the project without their consultation. The state government decided to provide the land and infrastructure for the project. In 1987, the Madhya Pradesh Electricity Board acquired land from five villagesChaunsara, Hiverkhedi, Dhanora, Tekathawadi and Dagabani Pipariaat the rate of INR 1,50010,000 per acre for 750 acres. However, the farmers still had possession of the land until 2010, when Adani came into the picture. In 2010, the state sold the land to Adani for "INR 13.75 lakh per acre without conducting a public hearing", says Advocate Aradhana Bhargava, a social worker fighting for farmers' rights. The farmers are protesting against the government's move and have demanded that their land should be returned to them. In 2011, over 3,000 farmers marched to the Parliament house in Delhi against the acquisition and sale of their land by the government to Adani. In November 2012, as part of police clampdown to suppress the protest against water diversion for the Pench Power Plant, Medha Patkar and 21 activists were arrested by police in Chhindwara. In 2016, another rally was conducted to demand the formal return of the land, although the people still had physical possession of the land. In a 2019, Adani Power acquired entire stakes in Adani Pench power project, changing its name to Adani Pench Power Plant. The company is now seeking an extension of the environmental clearance (EC) to the project. The earlier EC expired in 2019. Meanwhile, Adani has taken possession of the land and is expected to start the construction work by 2022. When LCW contacted Rajkumar Sinha from the National Alliance of People's Movement on August 4, 2020, he said that on May 27, 2020, the state government had signed a 1,320megawatt power purchase contract with Adani Power to supply electricity from the Adani Pench Power Plant. At least 28 organisations have publicly opposed the move in a press note questioning the need to purchase electricity when the state already has excess electricity. Meanwhile, Adani Power has built a gate around the land although the construction ie yet to start. In May 2021, the farmers put forward the demands for jobs after the completion of the power plant as per the agreed terms or permission to cultivate the vacant agricultural fields around the plant. To settle the disagreement, the administration conducted two meetings between Adani officials and farmers. But the meetings were inconclusive.  Subsequently, in June, the farmers planted Kharif crops in over 200 acres of land, reported a local newspaper. In response, the Adani officials filed a complaint with the block tehsildar accusing the farmers of encroaching the land. The tehsildar has issued notices to over 50 farmers. However, the farmers have refused to answer the notices. They claim that the Adani officials were already given a warning at the time of the meetings. 

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Demand to get back acquired land

Demand for employment

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common Land

Total investment involved (in Crores):

7390

Type of investment:

Investment Expected

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, Land Acquisition Laws, Forest and Scheduled Area Governance Laws

Legislations/Policies Involved

Special Economic Zones Act, 2005
Section 5(d) [Central Government to discharge functions of creating employment opportunities in Special Economic Zone]
Andhra Pradesh Employment of Local Candidates in the Industries/ Factories Act, 2019
Section 3 [At least 75% of employment engaged should consist of local candidates in the Industries/ Factories/ Joint Ventures and Public Private Partnership mode and if there is a shortage of candidates, active steps should be taken through active collaboration of Government to train local candidates within 3 years
Andhra Pradesh State Rehabilitation and Resettlement Policy, 2005
Para 4.5 [Duty of Administrator to ensure minimum displacement, Holding consultations with affected families, Protection of interests of the the weaker sections, ensuring proper rehabilitation and resettlement]; Chapter 6 [Resettlement & Rehabilitation benefits for project affected families such as allotment of house site, exgratia payment and other grants] ; Chapter 6-A [Social Impact Assessment of Project to be carried out in Scheduled areas if more than 200 families are getting displaced]
Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
Rule 34 [Return of Land to the Original Land Owner if land remains unused for 5 years after possession being taken]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 25 [Collector to make award within 12 months from the date of publication, else acquisition proceedings shall lapse]; Section 31[this section enlists the components to be included in the rehabilitation award including mandatory employment for members of affected families]; Section 41 [Special provisions for Scheduled Castes and Scheduled Tribes in Scheduled Areas and prior consent of Gram Sabha or Panchayat or Autonomous District Councils]
Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996
Section 4(i) [Gram Sabha or panchayat to be consulted before land acquisition and rehabilitation]
Land Acquisition Act, 1894
Section 11A [Collector to make the award within a period of two years from the date of publication of the declaration, else entire Acquisition proceedings shall lapse]; Section 16 [Possession may be taken after award has been made by the collector]
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

No items found.

Legal Status:

In Court

Status of Case In Court

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal

Name(s) of the Court(s)

National Green Tribunal, Supreme Court

Case Number

Appeal No. 1 of 2013 (NGT); CA Nos. 69 and 274 of 2014 (SC)

Main Reasoning/Decision of court

The petitioner challenged the environmental clearance granted for the project before the NGT in 2013, claiming that there was "lack of communication" about the transfer of land to Adani, about the environment clearance (EC) granted and about the Environment Impact Assessment to the affected community. In its order dated 11th July 2013, the NGT rejected Adani's preliminary contention that the challenge was filed after the limitation period had elapsed, and listed the matter to be decided on merits. A review application filed against the NGT's order was rejected on 28th November, 2013. Adani Pench Power Ltd. filed an appeal against the NGT's July order in the Supreme Court as well. They obtained an interim stay against NGT proceedings on 6th January, 2014. Noting that the Supreme Court had not even fixed a date for hearing by 10th November, 2014; the NGT adjourned the matter indefinitely, with permission to reopen the matter once the SC passed orders. The matter has not been listed in the Supreme Court since 12th July 2016.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Whether criminal law was used against protestors:

Reported Details of the Violation:

In November 2012, as part of police clampdown to suppress the protest against water diversion for the Pench Power Plant, Medha Patkar and 21 activists were arrested by police in Chhindwara

Date of Violation

Location of Violation

Nature of Protest

Protests/marches

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Madhya Pradesh Electricity Board

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Adani Pench Power Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Landowners

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Madhya Pradesh

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