Uttarakhand
,
Lohari
,
Dehradun
Published :
Sep 2022
|
Updated :
Displaced by hydropower project, families await rehabilitation in Lohari Village of Uttarakhand
Reported by
Rishabh Shrivastava
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
64
Households affected
People affected
2022
Year started
9
Land area affected
64
Households affected
People Affected
2022
Year started
9
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In April, 2022, 64 families of Lohari village were forcefully displaced from their lands for the under-construction Lakhwar hydropower project in Dehradun district of Uttarakhand. A majority residents of this village is constituted by tribes people of the state's Jaunsar-Bawar area. The 120 MW project is being built on river Yamuna and is part of the larger 420 MW Lakhwar-Vyasi hydropower project.

The project was conceptualised in 1972 by the then Congress government and as a part of the undivided Uttar Pradesh. An agreement was signed between the villagers and the government for land acquisition for the dam complex. According to which the government had promised to give alternative land to villagers. A total of 8,495 hectares of land was acquired from 1977-1989. However, the project was stalled for decades and revived only in 2013-14. In 2017, the then state government proposed that it would allot 11 hectares of land to the villagers as part of their resettlement. But a change of government in the following state assembly elections which eventually decided in 2021 to back down on the promise of providing alternate land.

In May 2022, Uttarakhand Jal Vidyut Nigam evicted the families living in the Lohari village by giving a 48-hour notice. Their homes, cowsheds, farmlands were soon submerged in the water. Since then, the displaced families have been living in a government school building, protesting against the violation of their rights and in the hope of getting the justice.

The local community alleges that the compensation provided by the government is inadequate and below the market rate. They also claim that the new permanent alternative sites that are being provided to displaced families are too small compared to their original land and insufficient for accommodating their families, cattle, farming activities and other purposes. State government officials on the other hand assert that they have distributed Rs. 15 crores for residents' rehabilitation.

To protest against the project, several village residents even refused to accept the compensation package offered by the government. They claimed the government carried out the the survey exercise forcefully to draw a compensation package. The residents further alleged that in April 2021, the government acquired an additional 0.5 hectares of agricultural land illegally.

As of September 2022, some families have left Lohari and shifted to nearby urban areas in Dehradun, while others continue to stay in a nearby government school they had found shelter in when the village was submerged.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand for more compensation than promised

Demand for promised land

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Non-Forest (Other than 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

"Agricultural land, Residential area"

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

5750

Type of investment:

Cost of Project

Year of Estimation

2021

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:

Uttarakhand Jal Vidyut Nigam, Revenue Department

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Yamunaghati Dam (Lakhwar-Vyasi) Project Displaced Peoples’ Committee

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
Rishabh Shrivastava

Rishabh is a lawyer and writer working on issues of climate change, public health and social justice. He has more than six years of experience in communications, public engagement, media advocacy and editorial roles. Rishabh has delivered projects with the United Nations Development Programme (India), Council of Scientific and Industrial Research - Indian Institute of Petroleum (GoI), Government of Uttarakhand and Government of Chhattisgarh. Storytelling and content creation are his core interests.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand for more compensation than promised

Demand for promised land

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

"Agricultural land, Residential area"

Whether the project was stalled due to land conflict

Source/Reference

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