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Legal Review by
Edited by
Updated by
Published on
March 25, 2018
May 17, 2022
Edited on
March 25, 2018
People in Kanker district have opposed the construction of the 235kilometrelong DalliRajharaRowghatJagdalpur railway line. The railway project, to be completed in two phases, is under South Eastern Central Railway. It will transport iron ore from Rowghat mines to the Bhilai Steel Plant. The first phase is a 95kilometre stretch between Dalli Rajhara and Rowghat. The second phase will connect the 140kilometre stretch between Rowghat and Jagdalpur. The administration completed the land acquisition process by 200910. Construction started in 2011 for Phase I. Protests have continued since. The opposition stems from concerns about the impact of the mines and their infrastructure on the local tribal communities, their livelihood and forests. Reportedly, the project violates the Forest Rights Act as the tribespeople were ousted from the affected villages without proper recognition of their rights and fair compensation. Moreover, the project would result in the felling of over three lakh trees. The affected farmers have also demanded the compensation they were promised for their lands. Since 2011, there have been several instances of protests, violence and intimidation by Naxalites in the area, according to a media report. This led to a delay in the completion of the first phase of the project. In response, the administration heavily militarised the railway line stretch to tackle Maoist activities. All along, the village residents continued to protest. As per a news report, in September 2015, a person opposing the mines and the railway project was arrested for disrupting the public peace. There have been similar reports of harassment of protesting villagers by the police and Border Security Force. In April 2016, the Ministry of Railways issued a notification for the second phase of the project. In 2017, the affected shopkeepers and landowners protested and presented a 13points agenda, demanding compensation under the banner of Vikas Sangharsh Samiti. Following this, they were arrested. Later, they held multiple meetings with the BSP management to voice their demands. In March 2018, farmers started to agitate against the delay in compensation, reported a newspaper. They claimed that the administration had promised fair compensation and employment for one member of each affected household. However, they lacked clarity on the changes in the policy adopted for compensating the families, which the administration cited as an excuse for not granting employment to several households. Reportedly, over 400 families were still awaiting their compensation package in 2018. In January 2018, some of the affected villagers approached the district administration and filed a petition at the Chhattisgarh high court to demand employment. In April that year, the prime minister inaugurated a part of the railway track. In July, the administration announced the distribution of compensation to 108 of the affected farmers, amounting to INR 152 crore, reported a [news article](http:// , , 108 28.102 152 2007 11 95 201213 140 9 2015 , , Naxal Killed Police SI: Naxal Killed Police SI: 45 Coronavirus Chhattisgarh News: , Coronavirus Chhattisgarh News: , ). Since then, the project work has continued amidst ongoing discontent. In 2019, farmers raised concerns over the low rate of compensation. They were relieved when in February 2021 the Kanker district collector announced to expedite the process of granting employment to the 502 affected families. As per a news report, he stated that the district administration had sent a proposal to the Ministry of Railways and the BSP management to employ the members of the affected households. But the assurances remain unfulfilled. Land acquisition for Phase II is yet to be complete.
Complaint against procedural violations
Demand for employment
Demand for promised compensation
Opposition against environmental degradation
Urban and Rural
Both
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):
₹
2538.3
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
Land Acquisition Laws, 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.
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-implementation/violation of FRA
Forced evictions/dispossession of land
Controversial land acquisition by the government
Non-payment of compensation/promised compensation
Delay in compensation
Non-implmentation/violation of PESA
Legal Status:
In Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Chhattisgarh, Supreme Court
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Other harassment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
There are reported instances of harassment of the protesters by the police and paramilitary forces. In September 2015, one of the protesters was arrested and imprisoned for 12 days.
Date of Violation
Location of Violation
Nature of Protest
Government Departments Involved in the Conflict:
Ministry of Railways
PSUs Involved in the Conflict:
Steel Authority of India Limited, National Mineral Development Corporation Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Chhattisgarh Railway Corporation Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Rowghat Bachao Jila Sangharsh Samiti, Vikas Sangharsh Samiti
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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