Karnataka
,
Challakere
,
Chitradurga
Published :
Sep 2018
|
Updated :
Diversion of Amrit Mahal Kaval Grasslands in Karnataka Affects Cattle, Pollutes Groundwater
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
30000
People affected
2009
Year started
4047
Land area affected
Households affected
30000
People Affected
2009
Year started
4047
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Defence and Security Establishments
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Defence and Security Establishments
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

Since they were appointed guardians of the Amrit Mahal Kaval grassland in Challakere in Chitradurga district by Haider Ali and Tipu Sultan, the agricultural and shepherding communities in the region have been preserving this ecologically important zone. They were given land here by the erstwhile rulers to cultivate on the condition that they look after the Amrit Mahal breed of cattle, which was of strategic importance in battles and, hence, in sustaining empires. These grasslands were intimately connected to the communities' culture and livelihoods. But the grasslands were never officially recognised by the Government of India, which denoted the commons (thousands of acres of grasslands available for common use) as degraded forests, stripping them of the protection accorded to forestlands. This made it easy for the government to divert these lands for developmental and industrial purposes without the need to set up forest rights committees or without seeking the consent of the Gram Sabhas. Since 2009, nearly 10,000 acres of the Amrit Mahal Kaval grasslands have been diverted to several strategic and defence institutions, such as the Defence Research and Development Organisation, Indian Space Research Organisation, Indian Institute of Science and Bhabha Atomic Research Centre (BARC). The herding communities only became aware of the problem in 2011 when walls started to be built around the demarcated lands and they found themselves losing access to their grazing grounds. Before 2011, there were three lakh livestock in the 60 villages in the region. But once they started losing access to the grasslands, most of the herders were forced to sell their cattle as they were no longer able to feed them. The work undertaken by these organisations is also affecting the quality of life in the villages. A private solar company, which has been allocated 1,200 acres of land, has destroyed hundreds of check dams built inside the grasslands. This has dried up lakes. As a result, the population is now dependent on groundwater, which is allegedly contaminated with fluoride. The administration had subverted crucial laws, such as the Karnataka Land Revenue Act, 1964, to legitimise the diversion. The Act determines how many acres of grasslands are needed for certain breeds of cattle. The cattle census was also reportedly fudged. The number of cattle on paper was barely 10 per cent of the actual number, and it was demonstrated that the grasslands were in surplus, Leo Saldanha of the Bengalurubased Environment Support Group (ESG), which has been fighting for the protection of the commons, told LCW. When the village residents approached the Karnataka high court in 2011, their case was dismissed, and they were penalised a fine of INR 70,000. Their appeal was subsequently rejected by the Supreme Court too. When Saldanha approached the National Green Tribunal (NGT), the latter said the various ventures could go ahead, subject to stringent environmental clearances, considering there were plans by BARC to enrich uranium. The organisations had to comply with twostage clearances receive consent for establishing their industry as well as consent for conducting their operations. In February 2014, the NGT stayed all activity until the clearances were produced. While the parties maintained that they had the necessary clearance certificates, they refused to release them citing the Official Secrets Act, 1923. Petitioners like ESG then moved the Central Information Commission (CIC). In a landmark directive, the CIC noted that when it comes to the matter of lives and the environment, defence cannot be used as an excuse to deny information. Despite this, there continued to be resistance. "BARC gave us a twopage clearance copy with most of the information redacted," Saldanha said. With further appeals, the ESG could finally gain access to all the clearances almost 3,500 pages of documents. Another public interest litigation was filed challenging the diversion of 61 acres for the construction of canals under the Upper Bhadra project. The petitioner contended that the Amrit Mahal Kaval grassland is part of the conservation reserve notified under Section 36A of the Wild Life (Protection) Act, 1972, and cannot be allotted to Visvesvaraya Jala Nigam Limited for its project. In July 2020, the Karnataka high court ordered issue of notice. The case is ongoing.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Forest and Non-Forest, Non-Forest (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

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?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration of Chitradurga

PSUs Involved in the Conflict:

Defence Research Development Organisation, Indian Institute of Science, Indian Space Research Organisation, Bhabha Atomic Research Centre

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:

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
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Demand to retain/protect access to common land/resources

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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