Chhattisgarh
Chokawada (Nagarnar)
,
Kirandul
,
Bastar
Published :
Oct 2016
|
Updated :
Farmers in Dantewada, Bastar Unite against Bacheli-Nagarnar Slurry Pipeline Project in Chhattisgarh
Reported by
Riddhi Pandey
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2015
Year started
381
Land area affected
Households affected
People Affected
2015
Year started
381
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Since 2015, farmers in Dantewada and Bastar districts had been opposing the construction of the BacheliNagarnar slurry pipeline project fearing loss of their cultivable lands.  The project, a brainchild of the National Mineral Development Corporation (NMDC) Limited, would pass through 46 villages. The pipeline will spread across approximately 138 kilometres from Kirandul to Chokawada (Nagarnar) and will have a capacity of 15 million tonnes per annum.  Over the years, the affected farmers have registered their discontent through demonstrations, protests and written complaints.  On April 29, 2015, during a public hearing in Dantewada, the people questioned the NMDC on the compensation package and jobs for the unemployed, reported a local daily. On July 4, during a public hearing organised in Tokapal block, representatives of 34 villages voiced their concerns about the impact of the project on their land and livelihood. They also accused the authorities of not following the prescribed procedure for conducting public hearings.  In February 2016, the villagers attempted to obstruct the teams from conducting surveys in six villages in Dantewada.  The people were worried about the authorities' decision to acquire common land under the Right of Use/Right of Way permit for development of a 30metrelong corridor for the pipeline instead of acquiring private land.  In May 2016, a newspaper reported that the Bastar divisional commissioner had directed the NMDC to account for the interests of the affected people and asked the company to focus on development work under corporate social responsibility.  Since then, the protesters have approached the authorities many times to raise their concerns and demands. According to news report, on April 23, 2017, representatives of 23 villages organised a meeting in Delimili to put forward their demands. They demanded royalty in place of compensation for the projectaffected families, a payment of INR 1 crore every year to each Gram Sabha for development work and employment opportunities for the unemployed in Bastar.  On October 9, 2017, protesters from 28 villages gathered outside the NMDC office in Kirandul town under the banner of Samyukta Panchayat Jan Sangharsh Samiti and demanded to stop the construction of the pipeline immediately. However, despite public protests, on February 8, 2018, the project received Stage 1 approval for forest clearance with specified conditions.  Over the years, the protesters have aligned themselves with the widespread discontent caused by mining activities of NMDC and other companies. In March 2019, during a public rally, they claimed that the company had fraudulently taken approvals from the Gram Sabhas.   In June 2019, the people protested with traditional weapons in front of the district administration and NDMC officials. They claimed that the Gram Sabhas had not consented to the project without which the company could not start the survey work. In Mavlibhatta village, the tribal families also alleged that this violated the Panchayats (Extension to Scheduled Areas) Act.  According to a newspaper report, the NMDC officials have tried to clarify that the project would not result in the loss of fertile lands and stated that most villages had already consented to the project.  On November 20, 2020, the environment ministry granted StageII forest clearance to the project following the compliance report submitted by the company. It paved the way for the construction of the pipeline to start from July 2021.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Demand for employment

Demand for more compensation than promised

Demand to retain/protect access to common land/resources

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):

4000

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ministry of Steel, Government of Chhattisgarh

PSUs Involved in the Conflict:

National Mineral Development Corporation Limited

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

NMDC Limited

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

Refusal to give up land for the project

Complaint against procedural violations

Demand for employment

Demand for more compensation than promised

Demand to retain/protect access to common land/resources

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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