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Published on
November 30, 2023
Edited on
Villagers in Rajasthan's Dawara have been protesting against a 600MW solar-wind hybrid project by Adani Green Energy Limited, alleging that the government allotted ‘Khatedari’ land, grazing land (gochar), Orans (sacred trees) and talabs (pond) to the company.
‘Khatedari’ land is government-owned land in the state of Rajasthan to which farmers have certain legally enshrined rights under the Rajasthan Tenancy Rights Act of 1955.
While the project's Environmental and Social Impact assessment report termed the land in the village as mostly 'uncultivable wasteland,' it noted that there were small rivers, rivulets and ponds on the proposed site.
The villagers have written several letters to the tehsildar and district collector requesting them to stop the project, but no petition has been filed as a group. However, there has been individual cases ongoing in the Rajasthan High Court against the leasing of Khatedari lands to the company.
Even those who had not claimed the Khatedari rights through the official channels stated that they had been cultivating for generations on the land allotted to the company.
Block-level officials said the last settlement that happened in 1973 introduced a ceiling, and thus, one family couldn't claim more than 400 bighas of land. Officials added that in the last 50 years, the number of families who got land settlement increased by two to three-folds.
However, the government allowed the farmers to cultivate on common lands given they pay a trespassing (TP) fine. This trespassing fine, as per officials, would have been considered as an evidence of occupation by a certain family that would help them in any future land settlement.
When this cultivable government land was allotted to the company, several villagers lost their source of livelihood as they were now forced to work as labourers. The farmers complained about the government not settling the land in their names as even as they were willing to pay the rent like the power companies.
Dawara continues to fight the same battle that its neighbour, Nedan, fought and managed to emerge victorious. In 2021, Nedan villagers got relief after the Rajasthan High Court canceled the allotment of land in their village meant for a 600 MW solar-wind hybrid project by Adani Green Energy Limited.
The judge found out that no proper survey was conducted. The allotment of the land included public utilities land/commons and land surrounding the (private/khatedari) lands of the farmers, approach roads, etc.
Demand for legal recognition of land rights
Demand for better access to common land/resources
Demand for employment
Complaint against procedural violations
Rural
Common
Non-Forest (Grazing Land), Non-Forest (Other than Grazing 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
Project underway despite protests
Original Project Deadline
2023
Whether the Project has been Delayed
No
Significance of Land to Land Owners/Users
Agricultural land, Grazing, Water bodies, Religious/Sacred/Cultural value
Whether the project was stalled due to land conflict
No
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Not Available
Year of Estimation
2023
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
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.
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:
Delay in allottment and possession of land/property
Land record discrepancies
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Rajasthan High Court
Case Number
S.B. Civil Writ Petition No. 4975/2021
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:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Rajasthan Revenue Department, Rajasthan Renewable Energy Corporation Limited
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Adani Green Energy Limited
Did LCW Approach Corporate Parties for Comments?
Yes
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?
A bulldozer felling Khejri tree in Dawara
Image Credit:
Special Arrangement
Dawara villagers
Image Credit:
Sukriti Vats
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