Chhattisgarh
,
Lat village
,
Raigarh
Published :
Jan 2017
|
Updated :
Village Residents Demand Compensation, Employment for Chhal Opencast Coal Mine in Chhattisgarh
Reported by
Riddhi Pandey
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
106
People affected
2010
Year started
419
Land area affected
Households affected
106
People Affected
2010
Year started
419
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In Dharamjaigarh tehsil in Raigarh district, people have been demanding copensation and employment as promised by the government for the Chhal Opencast Coal Mine and its expansion. The mine, run by South Eastern Coalfields Limited (SELC) is only one of the several projects in Chhattisgarh, and it has been fret with problems of delayed rehabilitation and unfulfilled promises similar to mines like Gevra and Dipka.  The mining operations commenced after the environment ministry granted Environmental Clearance (EC) to the project in June 2006.  In 2007, the company applied to expand the mining to 641 hectares of land, which would displace at least 550 Project Affected Persons (PAPs). In April 2010, the ministry granted the EC for expansion. However, according to official documents, SECL had completed the rehabilitation and compensation process for only 329 PAPs while it was ongoing for the remaining 158 PAPs.  The mining operations have reportedly severely impacted the land, livelihood and culture of the tribespeople. One of the affected persons had also filed a petition in the Chhattisgarh high court against the SELC policy, according to which only families that gave up at least two acres of land were eligible for employment. Another petition was filed by a woman, who challened the policy that restricted women from getting employment.  On July 23, 2015, the high court took note of the gender discrimination and directed SELC to grant employment to women too. Subsequently, on August 26, 2016, the court directed SELC to discard the twoacre rule as well and complete the compensation process.  By October 2016, SELC had still not granted employment to at least 22 of the affected families. The villagers claimed that this count also included 11 families who complied with the SELC policy. According to a news article, due to improper disposal, the coal waste has contaminated the river, which is a source of livelihood for the people. In 2014, SELC was booked for flouting the green norms and overproducing coal. The company is believed to have started the compensation process. In August 2018, the Minister of Mines announced that the process of providing employment to the PAPs was ongoing.   Meanwhile, in 2017, SELC had submitted an application to expand the mines to approximately 1,343 hectares of land. For this, a public hearing was conducted on March 12, 2021. According to the EIA report, the expansion would affect 727 additional families. Meanwhile, the project is yet to receive an Environmental Clearance.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for employment

Opposition against environmental degradation

Complaint against procedural violations

Demand for promised compensation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-Forest, Non-Forest (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?

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):

71

Type of investment:

Cost of Project

Year of Estimation

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:

State Government of Chhattisgarh

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

South Eastern Coalfields Limited (SECL), Jindal Group

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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

Demand for employment

Opposition against environmental degradation

Complaint against procedural violations

Demand for promised compensation

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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