The residents of Banjikhol village in Tamnar block have been spending sleepless nights. Their houses are being demolished to allow coal mining at Gare Palma IV/4 coal block by Hindalco Industries Limited, a private mining company. The coal block was transferred to Hindalco in 2015 from the previous lessee, Jayaswal Neco Limited, after the Supreme Court cancelled all mining leases in the country and ordered fresh allocations in 2014. Around 50 families, mostly from tribal communities, have been affected by the mining operations. The residents have refused to vacate their houses alleging lack of adequate compensation and rehabilitation by the local administration. They have even accused government officials of intimidating them. The government, meanwhile, claims the residents to be encroachers. Ashok Marbal, sub divisional magistrate of Gharghoda town in Raigarh, told LCW that the villagers have occupied the land illegally and are unwilling to leave despite being offered increased compensation. He said the administration would soon try to clear the land for mining. Land rights activist and lawyer D.P. Chauhan, along with other activists, have moved court against the forceful evictions after the local administration paid no heed to their demands and failed to decide a suitable compensation package. The families staged a road blockade prior to the lockdown to protest against their eviction. Land activists also allege that Hindalco has not taken the consent of the Gram Sabha (Village Assembly), thus violating the Forest Rights Act, 2006. However, Rakesh Mishra, assistant vicepresident of Human Resources at Hindalco, told LCW that most of the families have already shifted to the colonies that have been built for their rehabilitation and just two families were creating trouble by demanding more money. He added that it is the governments duty to hand over the land to Hindalco for mining.
Demand/Contention of the Affected Community
Demand for rehabilitation
Demand for more compensation than promised
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Both
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):
₹
420
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
Forest and Scheduled Area Governance Laws, Land Acquisition Laws
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.
Whether claims/objections were made as per procedure in the relevant statute
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:
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Non-implementation/violation of FRA
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Chattisgarh
Case Number
Writ Petition (C) No. 1659 of 2020
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Officials allegedly intimidated village residents and threatened them to leave their houses.
Date of Violation
April 26, 2020
Location of Violation
Banjikhol
Government Departments Involved in the Conflict:
Mineral Resources Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Yes
Name, Designation and Comment of the Government Authorities Approached
Rakesh Mishra, assistant vice-president of Human Resources at Hindalco, told LCW that most of the families have already shifted to the colonies that have been built for their rehabilitation and just two families were creating trouble by demanding more money. He added that it is the government's duty to hand over the land to Hindalco for mining.
Corporate Parties Involved in the Conflict:
Hindalco Industries Limited
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?
Gurvinder is a freelance journalist based in Kolkata. With an experience of more than 10 years, he has previously worked with The Statesman and ETV and has written for Al Jazeera, Mongabay, The Hindu, Quint and The Wire, among others. He is an avid traveller and loves to explore the North East for stories.
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