Reported by
Legal Review by
Edited by
Updated by
Published on
September 22, 2016
July 13, 2023
Edited on
September 22, 2016
Hasdeo Arand is a large stretch of very dense forest in Central Indias Chhattisgarh. In this forest lie 30 coal blocks, of which three have already commenced mining operations. Parsa Open Cast Mine is one such block, covering more than 900 hectares of forest and agricultural land in Surguja district. The Parsa block operates under Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL), a subsidiary of Adani Enterprises Limited, with an aim to produce five million tonnes of coal per annum (MTPA). The tribespeople, civil society organisations and political outfits have vehemently opposed the diversion of forestland for coal mining. They have raised concerns over the irreversible damage to the ecology of the forest, its biodiversity as well as to the life and livelihoods of the communities dependent on Hasdeo Arand for generations. At the same time, the forestdwellers have been demanding land titles under the Forest Rights Act, 2006. In 2010, the Ministry of Environment, Forests and Climate Change (MoEFCC) identified Hasdeo Arand as a nogo region or miningprohibited zone. However, the ministry scrapped the provision in 2011 and granted Stage I forest clearance to Tara, Parsa East and Kante Basan (PEKB) blocks, reportedly under pressure from other ministries. In March 2012, the MoEFCC granted Stage II clearance to the PEKB block for open cast mining on over 2,000 hectares of land, which was likely to affect more than 400 families in five villages in Surguja district. Opposing the project, a local lawyer filed a petition against the clearance in the National Green Tribunal (NGT). The NGT directed the MoEFCC to seek fresh advice from the Forest Advisory Committee (FAC) and ordered the suspension of all mining activity in the area till the MoEFCC passed further orders following the law. However, the Supreme Court put a partial stay on the NGT decision in 2014. It stated that mining work need not be suspended but that the rest of the NGT guidelines must be complied with. In January 2015, 20 Gram Sabhas (Village Assemblies) passed resolutions opposing the auction of coal mines in the Hasdeo Arand region. The resolution stated that the mines violated the provisions of the FRA and, therefore, they refused to consent to the mines. In January 2016, districtlevel authorities revoked the community forest rights for Ghatbarra, one of the affected villages, citing the cause of disturbance to mining operations. The people opposed the decision, calling it unconstitutional. In August 2016, the RRVUNL sought forest and environmental clearances for the Parsa coal block, which intensified the protests. The villagers organised several public meetings and appealed to the state and Union government to curb the impact of the mines and improve the implementation of the FRA and Panchayats (Extension to Scheduled Areas) Act, 1996. In December 2016, the company also applied to expand the capacity of the PEKB mines from 10 MTPA to 15 MTPA. The MoEFCC granted environmental clearance to the project in August 2018, despite public opposition. After much deliberation, on January 15, 2019, the FAC also decided to grant inprincipal approval to the Parsa coal block on the condition that the state must confirm the presence or absence of very dense forest in the area. Notably, the affected Gram Sabhas did not give their consent. Regardless, on February 13, 2019, the MoEFCC granted Stage I clearance to the project. In defiance, residents of 20 villages protested against the governments decision in May 2019 under the banner of Hasdeo Arand Bachao Sankarsh Samiti. Between October and December that year, they staged multiple sitin protests against land acquisition for coal mining. According to Alok Shukla, convener of Chhattisgarh Bachao Andolan, the settlement of forest rights of the Gond tribe remains incomplete. However, StageII forest clearance for the project is pending, without which mining activity cannot start. But the land acquisition is reportedly underway.
Refusal to give up land for the project
Opposition against environmental degradation
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Demand for legal recognition of land rights
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):
₹
1960
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
Forest and Scheduled Area Governance Laws, Environmental Laws, Land Acquisition Laws, Other
Legislations/Policies Involved
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.
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
Yes
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
Non-implmentation/violation of PESA
Violation of environmental laws
Controversial land acquisition by the government
Violation of free prior informed consent
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Appeal No. 73/2012
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Cancellation of Community Forest Rights under the Forest Rights Act 2006 for Adivasis and Other Traditional Forest Dwelling People for the Village Ghatbarra in the Hasdeo-Arand region.
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Protests/marches
Development of a network or collective
Government Departments Involved in the Conflict:
Ministry of Environment, Forests and Climate Change; Chhattisgarh Directorate of Geology and Mining; Forest Department
PSUs Involved in the Conflict:
Rajasthan Rajya Vidyut Utpadan Nigam Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Adani Coal Company
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Chhattisgarh Bachao Andolan, Hasdeo Arand Bachao 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?
Image Credit:
Image Credit:
© 2023 Nut Graph LLP
All Rights Reserved.
