Uttarakhand
Maina Vaas
,
Sambarlekha
,
Dehradun
Published :
Feb 2023
|
Updated :
Community members protest the interstate Kishau dam project in north India
Reported by
Chicu Lokgariwar
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
701
Households affected
5498
People affected
2016
Year started
2950
Land area affected
701
Households affected
5498
People Affected
2016
Year started
2950
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Multipurpose Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Multipurpose Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Lives of 701 families are being threatened by the proposed Kishau multipurpose dam project in Dehradun district of Uttarakhand. If constructed, it will be Asia's second highest dam.

The 660 MW dam will be constructed on river Tons that flows along the border of Himachal Pradesh and Uttarakhand for part of its length before entering the plains and finally joining the Yamuna. This entire stretch is covered with forests and rich in biodiversity – rural communities living in the area continue to adopt a traditional and sustainable way of life.

The project will be constructed at an estimated cost of 11,500 crore rupees (as of 2018). While the project had first been conceived in 1963, it did not receive approval for fifty years on grounds of seismic safety and economic unviability. It received a boost in 2013 with the Union Government’s decision to bear 90% of the cost, with the rest being borne by the states benefiting from the project. 

The Kishau dam, once established, is expected to submerge 2950 ha across Uttarakhand (on the left bank of the river) and Himachal Pradesh (on the right bank). Nine villages in Uttarakhand will be affected by the dam. 

The residents of the affected villages have been protesting against the project as the displacement it will cause will negatively affect their livelihoods and traditional lifestyle. The families practice agriculture with livestock rearing. The most fertile land in the area is the flat land adjoining the river which will be submerged. This is a highly productive land and allows for several crops in a year, including cash crops such as ginger. Livestock use common lands and forest area in the region for grazing. Loss of access to this fodder-rich commons will drastically affect the livestock and the livelihoods that depend on those animals. Landless individuals (including members from the Dalit community) who carry out fishing and gather non-timber forest products also stand to lose at least part of their livelihood and an important protein source in their diet.

The local communities claim that the compensation offered cannot replace the loss of fertile lands as well as of commons land. With the loss of the forage lands, resource stress on existing lands will increase. The fear conflicts between the present users of this land and the ‘new’, displaced grazers might also arise. The landless Dalit families of the area who practice tenant farming will lose their livelihoods completely.

Many Dalit families who do not have land entitlements practice tenant farming in the affected villages. If the land holders are resettled as per the government plans, these landless families will be completely deprived of their livelihood and home. 

The local residents have witnessed the trauma and upheaval experienced by those displaced by the Tehri, Renuka, and Lakhwar dams. This has raised concerns about the process and the impact of displacement, despite the compensation offered. The residents on the Himachal side have organised themselves as the ‘Kishau Bandh Sangarsh Samiti’. A report detailing the impact of the dam on the local communities has been also been prepared by Himdhara, a civil society organisation based in Himachal Pradesh.

The Uttarakhand and Himachal Pradesh governments jointly formed Kishau Corporation Limited in 2017 to implement the project. The task of preparing the revised detailed project report has been awarded to Tracktowel. They were expected to complete the report by January 2024, however, as of May 2024, it was still in progress.

Meanwhile, the project appears to be facing funding constraints. In 2015, the governments of Uttarakhand and Himachal Pradesh signed an MoU to contribute 10% of the cost of the power and irrigation components, while the Centre would provide the remaining 90%. In 2023, an Amar Ujala article stated that 10% of the project cost would be borne by six partner states. However, in January 2024, the chief minister of Himachal Pradesh announced that he has requested the Centre to fund the power component on a 90:10 ratio between the Union and the State Governments or an interest-free loan for 50 years.

According to the Kishau Corporation, approval for signing of the agreement among beneficiary states is under progress.

The main objections to the dam include rehabilitation of the displaced communities, loss of biodiversity, and the safety of constructing a 236-metre tall gravity dam in a seismically active area (Srivastava, Vaibhava et al. 2015). Experts say that whether these aspects have been adequately addressed can be determined only after the detailed project report (DPR) is made public.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Demand to cancel the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

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

Project underway despite protests

Original Project Deadline

2023

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land, Grazing, Other Natural Resource extraction/dependence, Residential area, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

The project appears to have funding constraints. According to the MoU between the governments of Uttarakhand and Himachal Pradesh, signed 20 June 2015, the states were to contribute 10% of the cost of the power and irrigation components while the Centre would provide the remaining 90% . An [Amar Ujala](https://www.amarujala.com/dehradun/kishau-dam-project-himachal-and-uttarakhand-will-talk-together-2023-07-12?pageId=1) article of 2023 stated that ten percent c0st of the project would be borne by six partner states. However, in January 2024, the chief Minister of Himachal Pradesh [announced](https://thenewshimachal.com/2024/01/cm-sukhu-pledges-to-kickstart-renuka-dam-project-in-himachal-pradesh/) that he would approach the Centre for 90% funding for the pwoer compnent or an interest free loan. These terms, being less in the States' favour than the original terms of the agreement, indicates that funding constraints may be the reason for the delay in the project. According to the [Kishau Corporation](https://kishau.co.in/status-of-kishau-project), approval for signing of the agreement among beneficiary states is under progress.

Total investment involved (in Crores):

11500

Type of investment:

Cost of Project

Year of Estimation

2018

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:

PSUs Involved in the Conflict:

Uttarakhand Jal Vidyut Nigam Limited

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Mr. Sandeep Singal, Managing Director of Kishau Corporation Limited Sent an inquiry, no reply received yet

Corporate Parties Involved in the Conflict:

Kishau Corporation Limited

Did LCW Approach Corporate Parties for Comments?

Yes

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
Chicu Lokgariwar

Chicu is an independent consultant working on water conflicts with a focus on stakeholder negotiations.  Since 2008, she has worked on the assessment of environmental flows for several major rivers and studied natural resource-related negotiations conflicts in the Gangetic basin and North-Eastern India. She lives and works in the Uttarakhand Himalaya.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Demand to cancel the project

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

2023

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Agricultural land, Grazing, Other Natural Resource extraction/dependence, Residential area, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

The project appears to have funding constraints. According to the MoU between the governments of Uttarakhand and Himachal Pradesh, signed 20 June 2015, the states were to contribute 10% of the cost of the power and irrigation components while the Centre would provide the remaining 90% . An [Amar Ujala](https://www.amarujala.com/dehradun/kishau-dam-project-himachal-and-uttarakhand-will-talk-together-2023-07-12?pageId=1) article of 2023 stated that ten percent c0st of the project would be borne by six partner states. However, in January 2024, the chief Minister of Himachal Pradesh [announced](https://thenewshimachal.com/2024/01/cm-sukhu-pledges-to-kickstart-renuka-dam-project-in-himachal-pradesh/) that he would approach the Centre for 90% funding for the pwoer compnent or an interest free loan. These terms, being less in the States' favour than the original terms of the agreement, indicates that funding constraints may be the reason for the delay in the project. According to the [Kishau Corporation](https://kishau.co.in/status-of-kishau-project), approval for signing of the agreement among beneficiary states is under progress.

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