Jharkhand
Mali, Gangta, Patwa, Sondiha and Gaighat
,
Motia
,
Godda
Published :
Mar 2017
|
Updated :
September 19, 2024
Jharkhand approves Adani's thermal plant, farmers allege violation of LARR Act
Reported by
Alok
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1300
People affected
2016
Year started
425
Land area affected
Households affected
1300
People Affected
2016
Year started
425
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2016, the Adani Group asked the state government to acquire land to build a 1,600-megawatt thermal power plant. The government responded in March 2017 that it had acquired 917 acres, of which 500 acres were acquired from six villages in Godda district.

A public hearing on March 5, 2017, was held to discuss the environmental impact of the project on Motia and adjoining villages in the district. Around 3,800 people who would be affected by the project attended the meeting, which turned violent after villagers complaint that they were unhappy with the compensation offered by Adani. 

“People were brought from outside for the public hearing. Project-affected people like me who were opposing the project were not allowed to go in for the hearing,” Chintamani Sah, one of the petitioners in the case, told LCW. He added that some 400 project-affected people had written to the district collector, the state government and the governor in 2017 opposing the land acquisition but no action was taken.

In the same month, the Jharkhand Vikas Morcha (JVM) staged a protest in Motia to support the demands of the local people. According to JVM chief Babulal Marandi, the Adani project will spread pollution and disease in Godda while Bangladeshis will reap its benefits. 

A fact-finding report by the Jharkhand Janadhikar Mahasabha and three other organisations found several irregularities in the project, such as forceful land acquisition, intimidation and police brutality. According to a media investigation, the state had undermined several safeguards in the LARR Act, 2013, relating to public purpose reasoning, social impact assessment, consent and compensation.

In February 2019, the government approved the thermal power plant proposed by Adani Power, making it India’s first standalone power project to get the status and benefits of a Special Economic Zone.

In the same month, 16 land owners filed a petition at the High Court of Jharkhand challenging the land acquisition and highlighted several irregularities in the process. According to a media report, the petition asked the court to quash the acquisition of agricultural and common property land and order the return of the acquired land. The petitioners also sought a stay on all construction activity. The petition is currently being heard.

As of March 2019, the company received a formal approval for 222.68 hectares of land and an in-principal approval for 202.32 hectares. According to Jharkhand’s energy policy, the state is legally entitled to buy 25 per cent of the power generated by power plants within the state. However, according to a report, the government had amended the policy to allow Adani to charge a higher price for this project than other thermal projects in the state. 

Ramamurthi Sreedhar, a scientist from the Delhi-based non-profit Environics Trust, challenged in the National Green Tribunal the environmental clearance granted to the project. The petition cites numerous grounds, including the company’s decision to switch the water source for the plant from the Chir river to Ganga post clearance.
Criminal cases have also been filed against Dalit and tribal farmers who protested the takeover of their land. 

In February 2020, AdaniWatch, a non profit investigating Adani projects, launched a fact-finding mission. A leader opposing the project said, "The work on the plant is 40 per cent complete. While many petitioners have dropped out, some others are still strongly opposed to the case. With the current government not doing much about it, the fate of the project rests on the small number of determined villagers who are legally battling against the company."

In April 2023, Adani Power Limited (APL) started commercial operation of an 800 megawatt unit at its thermal power plant in Jharkhand. On 27 June 2023, the company started commercial operations of the second and last unit of 800 megawatts (MW) at its ultra-supercritical thermal power plant (USCTPP) in Jharkhand's Godda district.

The company will supply 1,496 MW net capacity power from the 1,600 MW Godda USCTPP under the power purchase agreement (PPA) with Bangladesh Power Development Board (BPDB), signed in November 2017, for a period of 25 years. The power will be transmitted via a 400 kV dedicated transmission system connected to the Bangladesh grid.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Demand to get back acquired land

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

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?

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

2021

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

16000

Type of investment:

Revised Investment

Year of Estimation

2016

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Jharkhand Government

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 Power Limited

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Santhal Adivasis, Jharkhand Janadhikar Mahasabha, Jharkhand Vikas Morcha, Bhoomi Bachao Sangharsh Samiti

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Alok
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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Demand to get back acquired land

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Project underway despite protests

Original Project Deadline

2021

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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