In August 2016, the Maharashtra State Power Generation Company (Mahagenco) got a lease for an open cast Gare Palma Sector II mine project in Tamnar block in Raigarh district. Soon after, it started the process of acquiring environmental clearance for the project. The project requires an area of over 2,500 hectares and would affect 14 villages. As per its EIA report, the mines would displace 1,679 families in Schedule V areas. But the R&R plan has accounted for 2,245 families ousted due to the project. Residents of the 14 villages and civil society organisations have opposed the project and have accused Mahagenco and the district administration of procedural violations. Reportedly, in 2017, the district administration attempted to coerce the Gram Sabhas (Village Assemblies) of the 14 villages to hold a public hearing and consent to the project by issuing an official notice. However, the villagers immediately launched an agitation against the administration. According to them, the coercion to hold a public hearing violates the Gram Sabha's autonomy under the Panchayats (Extension to Scheduled Areas) Act, 1996, and the rightful claims under the Forest Rights Act, 2006. They also reported discrepancies and misrepresentation of information in the forms given to them. In April 2017, the villages took out a march to protest the violation of their rights. Subsequently, they submitted memorandums to the Ministry of Coal, the Chhattisgarh governor and the chief minister as well as to the district collector and block tehsildar. Reportedly, the sub divisional magistrate denied the allegations. Meanwhile, the villagers have also voiced concerns over the consequences of mining activities on the environment and their livelihood. They fear mining would affect groundwater sources and infrastructure and aggravate the issue of flying ash. In June 2019, the villagers gathered under the banner of Mehnatkash Majdoor Kisan Ekta Samiti to protest another attempt to organise a public hearing. On September 27 that year, the administration made a third attempt at organising a public hearing. The people again alleged that the company officials tried to manipulate the proceedings and boycotted the meeting. The police reportedly arrested over 50 protesters. On the day of Gandhi Jayanti, the protesting villagers joined a mass coal satyagraha against the mining projects in Tamnar block. Residents of over 56 villages sat on a peaceful _dharna _and voiced their concerns about the exploitative mining activities and the companies responsible for it. In December, the Expert Appraisal Committee of the coal ministry delayed granting the environmental clearance (EC) to the project and demanded the company's response to the queries concerning the social and environmental impact of the mining activities. In February 2020, the National Green Tribunal (NGT) observed that due to forest loss, major noncompliance in rehabilitation and social cost, it could no longer permit conversion of mines to opencast. This was another blow to the project. In January 2021, the environment ministry decided to further delay the EC to the project citing the NGTs rulings. In May, the ministry sought additional information on the project and is yet to come to a decision.
Demand/Contention of the Affected Community
Refusal to give up land for the project
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
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?
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?
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):
₹
7463
Type of investment:
Cost of Project
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, Forest and Scheduled Area Governance Laws, Land Acquisition 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.
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 PESA
Non-implementation/violation of FRA
Controversial land acquisition by the government
Lack of legal protection over land rights
Violation of free prior informed consent
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)
Case Number
108/2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
The police arrested 50 people when they boycotted a proposed public hearing and protested against the project.
Date of Violation
September 27, 2019
Location of Violation
Government Departments Involved in the Conflict:
Raigarh District Administration
PSUs Involved in the Conflict:
Maharashtra State Power Generation Company Limited
Did LCW Approach Government Authorities for Comments?
No
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:
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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