Odisha
,
Kalinga Nagar
,
Jajpur
Published :
Jan 2017
|
Updated :
Displaced families yet to get land titles in Kalinga Nagar
Reported by
Sandeep Pattnaik
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1474
People affected
2005
Year started
1376
Land area affected
Households affected
1474
People Affected
2005
Year started
1376
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Special Economic Zones (SEZ)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Ended
Sector
Industry
Reason/Cause of conflict
Special Economic Zones (SEZ)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Ended
Summary
Fact Sheet
Legal Data
Additional Info
Criminal Law
1
Summary
Kalinganagar, under Sukinda and Danagadi blocks of Jajpur district of Orissa, is the new industrial hub of the state. The area has a significant tribal and dalit population. People belonging to the "Ho" community constitute nearly 80% of the tribal population and the rest belong to the Munda and Santal communities. On 2nd January 2006, the state police had resorted to firing on a mass of tribal protesters who were protesting against the construction work of a proposed steel plant by the Tatas at Kalinganagar. At least 13 tribals and one policeman was killed and some were injured. On 2nd January 2016, tribals of the region celebrated Martyrs day and commemorated 10 years of the firing incident at Kalinga nagar. They said that the residents of the region were still protesting against take over of their land by the company. Meanwhile, a three member judicial commission of inquiry set up by the State government for investigating the incident on 2nd January 2006 is stuck midway without any conclusion. The members of the coalition which is spearheading the protest said that though the steel company rehabilitated the displaced tribals in the colony, it has overlooked their problems and has been neglecting them since then.They have alleged that over 307 families rehabilitated in Gobarghati Colony since 2007 have been deprived of assistance under various government welfare schemes as they are yet to get land pattas. In September 2016, villagers of Baligotha, ( Chandia Mouza) and Kalinga nagar, submitted a petition to the Revenue Divisional Commissioner (RDC) , Central Division at Cuttack against the "illegal" construction of a boundary wall for the TATA steel plant in the midst of a Sal forest. The petition argues the construction of the wall will have impending threat to the wildlife and the medicinal plants in the region. Villagers have also moved the National Green Tribunal arguing that they have been living for generations on the forest land and depend on forest for their livelihood and demanding that the boundary wall should not be constructed. They are protesting against the setting up of a boundary wall for the plant as resettlement and rehabilitation issue is far from resolved.The case is continuing in the NGT.
2
Fact Sheet

Demand/Contention of the Affected Community

No items found.

Other Demand/Contention of the Affected Community

Region Classification

Type of Land

Common

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):

₹

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

3
Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Section 3(1)(a) [Right to hold and live in forest land to be a forest right granted to all members of forest dwelling Scheduled Tribes]; Section 3(1)(g) [The right of conversion of pattas or grants issued by the State Government into land titles shall be a forest right]; Section 4(1)(a) [All the forest rights mentioned in Section 3 to vest in forest dwelling Scheduled Tribes]
Forest (Conservation) Act, 1980
Section 2(iii) [No forest land may be assigned to any private person without the prior permission of the Central Government]
Environmental Impact Assessment Notification, 2006
Section 7(ii) [Prior Environmental Clearance to be obtained for expansion of existing production units]
Land Acquisition Act, 1894
Section 4(1) [Whenever land in a locality is required for any public purpose, a notification shall be published and a public notice shall be issued]; Section 11 [The collector shall make an award containing the true area sought to be acquired and the compensation to be allowed for the land]; Section 16 [When an award has been made under Section 11, the Collector may take possession of the land]
Orissa Revenue Divisional Commissioners Act, 1957
Section 4 [The Revenue Divisional Commissioner shall be in charge of all executive functions relating to law, order and administration of local bodies]
Orissa Revenue Divisional Commissioners Rules, 1959
Section 3 [All appeals, reviews and other applications filed before a revenue division shall be heard and disposed off by the Revenue Divisional Commissioner]; Rule 8 [The Revenue Divisional Commissioner shall be deemed to be the head of the department in matters relating to land acquisition]
Section 5(C) [It shall be the function of the National Wildlife Board to conduct an assessment of projects which have an impact on wildlife]; Section 17(A) [No person shall willfully damage or destroy any specified plant from any forest land]
Section 8(I)(d) [Each displaced family shall be given at least 1/10th acre of land free of cost in the rehabilitation habitat]; Section 12 [Displaced families belonging to tribal groups shall be given preferential allotment of land];
Section 3 [No person not belonging to a Scheduled Caste or Scheduled Tribe shall wrongfully dispossess a member of a Scheduled Tribe from his land and shall not interfere with his forest rights];

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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.

  5. 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.

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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.

  7. 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

No

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:

Non-rehabilitation of displaced people

Legal Status:

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

Legal Supporting Documents

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

On 2 January 2006, 14 people including 13 tribals and a police man were killed, and many others seriously injured. In a horrific aftermath, the hands of five victims were chopped off, a fact that was admitted by the administration, and three doctors were suspended..

Date of Violation

Location of Violation

4
Additional Information

Government Departments Involved in the Conflict:

INDUSTRIAL DEVELOPMENT CORPORATION OF ODISHA (IDCO)

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

TATA STEEL

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Visthapan Virodhi Jan Manch

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
Sandeep Pattnaik

Sandeep is a researcher and journalist based in Bhubaneshwar. He was part of the Human Rights Advocacy Programme at the Centre for the Study of Human Rights, Columbia University, New York, in 2007. Currently, he is a member of the steering committee of the International Campaign for the Ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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Fact sheet

Demand/Contention of the Affected Community

No items found.

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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