Chhattisgarh
,
Parsa and Kete villages
,
Surguja
Published :
Oct 2016
|
Updated :
Environment Ministry Delists Surguja Thermal Plant in Chhattisgarh, Relief to Hasdeo Arand
Reported by
Riddhi Pandey
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
10000
People affected
2015
Year started
43
Land area affected
Households affected
10000
People Affected
2015
Year started
43
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

Surguja Power Private Limited, a subsidiary of Adani Group, had proposed to construct a 600megawatt thermal power plant using the rejected coal from Parsa East and Kete Basan mining blocks in Surguja district. For this, the company applied to divert approximately 42 hectares of land within the mine lease area of the two mining blocks in Hasdeo Arand forest. In April 2013, the Ministry of Environment, Forest and Climate Change issued the Terms of Reference (ToR) for the project.  Since 2013, local people and civil society outfits have opposed the diversion of the forestland. Reportedly, the plant would affect the residents of 10 villages and is estimated to produce almost 60 per cent ash as a byproduct as it would use rejected lowquality coal. This can adversely affect the people living in the vicinity, the nearby Hasdeo Bango Dam, the forests in the region and their biodiversity. The tribespeople inhabiting the two villages also fear the impact on their agricultural land, livelihood and health. They are concerned about the hindrance that the project will cause to their access to forest produce. They even claimed discrepancies in the proposal. The primary roadblock to the project emerged after the villagers and the administration questioned the sublease of the forestland. In December 2015, the district collector decided to postpone the public hearing, scheduled for December 30, and requested the state government for a No Objection Certificate (NOC) to subleasing. The deferment came after protests against the project intensified. The residents of the 10 villages submitted a petition to the collector demanding a cancellation of the public hearing. In January 2016, the Directorate of Geology and Mines issued the NOC. In March 2017, during a meeting, the Expert Appraisal Committee of the environment ministry noted that the company had not yet acquired a permit to divert 29.09 hectares of forestland under the mining lease. It also directed additions to the existing ToR, following which the company produced an Environment Impact Assessment report. Subsequently, the environment ministry stated that it would not consider an application for extension of the ToR until the company could acquire a permit for diversion. In December 2017, the company finally submitted an application for transfer of lease of the forestland. However, on April 4, 2018, the company delisted the project after it failed to obtain an extension of the ToR. There has been no new proposal yet. 

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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?

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):

4997.93

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

April 2018

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Chhattisgarh State 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 Group, Surguja Power Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Chhattisgarh Bachao Andolan, Hasdeo Arand Bachao Aandolan

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
Riddhi Pandey


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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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

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

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