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Legal Review by
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Updated by
Published on
August 31, 2017
May 17, 2022
Edited on
August 31, 2017
In the year 1960, The Government of Odisha had handed over a total of 12,000 acres of land to the Hindustan Aeronautics Limited (HAL) at Sunabeda, Koraput. Total of 10 villages were affected namely, Kaki, Chakarliput, Thalaput, Kadigam, Charangul, Khalpadi, Chulapari, Rajpalama, Bodigam, Chikapar wherein a total of 435 families were displaced and only 138 familes have been rehabilitated. While HAL has been established on 3121.15 acres of land, it has handed over nearly 6,000 acres to various Central institutes, including the Central University of Odisha and the Cobra Batallion, and a private english medium school. Now HAL, has unused 2918.53 acres of land in its hand. The displaced adivasi's under the banner of HAL Displaced Persons Association have been making repeated demands to the district administration and HAL authorities for the overall development of all the affected villages, employment to at least one person of each displaced household, education facilities in peripheral villages and the return of unused land acquired by HAL . They even blocked the roads leading to the factory by felling trees in 2012. In September 2014, land losers forcibly ploughed around 50 acres on its premises. Due to their continuous protest, the HAL authorities could not construct boundary wall. In March 2018, at a one day public hearing organized for those who have been displaced by several projects in Koraput, Malkangiri, Rayagada and Nabarangpur districts, the demand for compensation and rehabilitation was reiterated by the adivasi leader Trilohan Muduli. In an extensive study conducted and published by The Scheduled Castes and Scheduled Tribes Research and Training Institute in 2020, it was highlighted that 22 villages were displaced by the HAL project despite the government record displaying only 10. Further, the research team discovered that the rehabilitation providedprepared without the consent of those displacedwas inaccessible as it was on the top of a nearby hill devoid of roads for commuting. Worse still, it noted the lack of livelihood opportunities, educational facilities and easy access to basic amenities like drinking water. In May 2021, acting on a petition filed by advocate Radhakanta Tripathy, the National Human Rights Commission directed the Chief Secretary of Odisha to investigate the grievances of individuals displaced and affected by several projects in the Koraput district, including HAL. Mr. Tripathy in his petition requested the NHRC to verify the MoUs signed by HAL and NALCO with the Government of Odisha and determine the real implementation status of Record of Rights, (RoR), rehabilitation and livelihood among others.
Demand for compensation
Demand for rehabilitation
Demand for employment
Demand for better access to common land/resources
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):
₹
4530
Type of investment:
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, Central/State Government Policy
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:
Forced evictions/dispossession of land
Non-implementation/violation of FRA
Non-implmentation/violation of PESA
Non-rehabilitation of displaced people
Non-implementation/violation of LARR Act
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
The High Court of Orissa, Cuttack
Case Number
T. Muduli v. Union of India, W.P. (C) 1380/2015; HAL v. State of Odisha, W.P. (C) No. 14804/2017
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Complaints/petitions/letters/memorandums to officials
Development of a network or collective
Blockades
Protests/marches
Land occupation
Government Departments Involved in the Conflict:
Hindustan Aeronautics Limited (HAL) , The Government of Odisha
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Executive Director Office, HAL, 2021- "we are not in a position to give any information regarding the project right now"
Name, Designation and Comment of the Government Authorities Approached
Executive Director Office, HAL, 2021- "we are not in a position to give any information regarding the project right now"
Corporate Parties Involved in the Conflict:
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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