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Legal Review by
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Updated by
Published on
August 31, 2016
April 25, 2024
Edited on
April 3, 2024
August 31, 2016
The Bagmati Project, involving the construction of embankments along the river Bagmati as a flood control measure, has resulted in villagers suffering multiple displacements since the 1970s, with many still awaiting compensation and rehabilitation. The government added the Bagmati irrigation project in 1969 and the Bagmati multi-purpose project in 1984. While the irrigation project was scrapped because of escalating tensions with Nepal, the embankment project continues with the third phase of the project initiated in 2006 to complete the embankments between Runni Saidpur and Sormar Hat.
A report by Thirdpole in 2017 highlighted how 6,565 families from 50 villages displaced by the embankment at Aurai, Katra and Gaighat in Muzaffarpur district are still awaiting rehabilitation and adequate compensation for over two decades. The displaced families have organised themselves under the banner of “Chasbaas Jeevan Bachao Bagmati Sangharsh Samiti”, demanding a complete review of the project along with payment of adequate compensation.
Jitendra Yadav, convener of the organisation, was quoted in the report saying, “A lot has changed in six decades. The number of villages and population has tripled in the project area”. The organisation also called to set up a review committee that would evaluate the feasibility of the project.
In 2021, an in-depth report by Gao Connection mentioned that despite the review committee having formed in 2017 itself, comprising river experts, social workers and engineers, only one meeting of the committee has been held since 2017. With the Bihar government announcing its plans to construct new embankments on both sides of the Bagmati in Muzzafarpur district and increase the height of an old embankment under the third and fifth phases of the Bagmati flood management scheme, people have started voicing concern and expressing their opposition. They point out how the embankments, instead of effectively managing floods, often exacerbate their plight by ruining their crops.
The report quotes 60-year-old Mahadev Das of Basaghatta: "I have a farm of about 20 acres. After the construction of the dam in 2008–2009, half of my farm was ruined. The farm now contains sand and water for four to five months."
Rajiv Sinha at the Department of Earth Sciences at the Indian Institute of Technology, Kanpur, has warned not to build further embankments on the Bagmati river as by constructing embankments one is "forcing the river to divert its course".
In February 2022, Revenue and Land Reforms Minister Ramsurat Rai directed the Land Acquisition Officer and the engineers of Bagmati Division that both the departments should work in coordination and ensure concrete action towards payment of compensation keeping in mind the interest of the farmers. Meanwhile, the state government issued a notice for land acquisition in Dharampur Sheetal of Gaighat zone for the construction of embankment completing the Bagmati project.
In March 2024, Bagmati Project Dam officials held a meeting with the villagers at Harpur School in Jamalpur Kodai Panchayat of Gaighat Block of the district regarding the project. However, the villagers expressed their displeasure and vehemently protested against the dam construction work in front of the officials. Most of the people of 109 villages, where the embankments will be built under Phase 3(B) and Phase 5(A) of 'Bagmati Flood Management Scheme', have been opposing the project because they believe that if there was no flood, they will not get fertile soil for farming.
Around 120 villages have been protesting since 2012 against the construction of embankments in the district and plan to continue their opposition.
Demand for compensation
Demand for rehabilitation
Complaint against procedural violations
Demand for promised compensation
Common and Private
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
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Water bodies, Agricultural land, Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
60
Type of investment:
Revised Investment
Year of Estimation
1981
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Case Laws
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
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-rehabilitation of displaced people
Controversial land acquisition by the government
Non-payment of compensation/promised compensation
Delay in compensation
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bihar at Patna
Case Number
Civil Writ Jurisdiction Case No.19011 of 2013
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
Complaints/petitions/letters/memorandums to officials
Development of a network or collective
Protests/marches
Hunger strike
Blockades
Government Departments Involved in the Conflict:
Water Resources Department, District Administration
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Farmers, fisherfolk, Chasbaas Jeevan Bachao Bagmati 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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