The residents of Kunkuni village have opposed the construction of a railway siding planned to pass through Kharsia block in Raigarh district. Villagers have claimed procedural violations in seeking consent through public hearings and unlawful acquisition of their agricultural lands. The railway siding of approximately 15 kilometres is to transport coal from a 1,200 megawatt thermal power plant located in Baradarha village in Janjhgir Champa district. The plant operators, DB Power Limited (DBPL), a subsidiary of the Dainik Bhaskar Group, also undertook the railway line construction. The project is estimated to affect 68 farmers and require 45.87 acres of land. But tribal communities have been opposing the project since 2016. The district administration organised the first public hearing on June 29, 2016. But the village residents claimed that there was no prior announcement of the hearing. According to them, the administration briefly displayed posters only for documentation. Reportedly, many of the affected villagers were not allowed to enter the heavily policed premise for the public hearing, and only a few could voice their concerns about the project. They have also raised concerns over the cutting of 546 trees for constructing the railway siding. A second public hearing was organised on January 5, 2017. But this time too the people reported similar violations and held protests with the support of local leaders. They also submitted a petition to the Sub Divisional Magistrate demanding the cancellation of the public hearing and accused the administration of favouring private players. The discontent of the tribespeople primarily stemmed from the inaction of the administration against the illegal acquisition of 300 acres of land by another private company, Saptarishi Infra Tech Estate. While the district administration had concluded multiple inquiries since 2015 leading to proof of fraudulent practices and registered 73 cases, it failed to take any formidable action. Reportedly, the villagers affected in the railway siding project feared losing their land to illicit practices of the middlemen and DBPL, which would deprive them of compensation. They also raised concerns over the low rate of compensation and cited the higher rates offered for the construction of a national highway in the same vicinity, reported a local daily. In March 2017, the death of local tribal rights activist Jailal Raithiya drew attention to the allegations of land scams in the village. The people claimed that Raithiya was murdered as he had recently filed a petition in the high court exposing the 300acre land scam. This led to the involvement of the National Commission for Scheduled Tribes (NCST). In May 2017, the Commission addressed the allegations in the projects of coal washery, railway siding as well as unlawful land transfers to nontribal people and Benami land plots in Kunkuni village. It ordered the concerned authorities to take action and also directed to return the land to rightful tribal owners, distribute compensation and act against the violators and book the offenders under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to an August 2017 NCST report, DBPL was accused of using force and destroying farmlands to compel the villagers to give up their landholdings. Meanwhile, the company continued to construct the railway line even as the administration directed it to halt the construction multiple times. On April 10, 2018, the villagers sat on a hunger strike to protest multiple instances of illegal land acquisition. They submitted a memorandum with 10 demands to the district administration. According to local news reports, in July, the chief minister intervened and directed the administration to investigate the matter. He also requested the villagers to end the protests, which lasted for 176 days.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand for compensation
Refusal to give up land for the project
Opposition against environmental degradation
Demand to get back acquired land
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Private
N/A
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):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Forest and Scheduled Area Governance 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.
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:
Controversial land acquisition by the government
Violation of free prior informed consent
Forced evictions/dispossession of land
Incorrect estimation of compensation
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Killing
Whether criminal law was used against protestors:
Reported Details of the Violation:
A tribal farmer and activist, Jailal Raithiya, was found dead under mysterious circumstances. He had filed a petition in the Chhattisgarh high court against the illegal acquisition in the village.
Date of Violation
March 17, 2017
Location of Violation
Kunkuni Village
Government Departments Involved in the Conflict:
State Government of Chhattisgarh
PSUs Involved in the Conflict:
Chhattisgarh State Industrial 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:
DB Power 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?
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