Gujarat
,
Rajula Jafrabad
,
Amreli
Published :
May 2018
|
Updated :
Farmers Demand Back Land Acquired for Salt Production in Gujarat
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
500000
People affected
2017
Year started
Land area affected
Households affected
500000
People Affected
2017
Year started
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Other Kind of Industry
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Other Kind of Industry
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The residents of Pipavavdham, Victor, Kathirvadar and Chanch villages have alleged that Gujarat Heavy Chemicals Limited (GHCL) has been producing salt illegally after the company's lease period had expired and was not renewed by the government. The salt pans are spread over five villages, for which grazing land was taken over.
In May 2018, protesting villagers went on a hunger strike in front of Rajula Mamlatdar's office demanding back their land, which was leased to GHCL for salt production. They have also stopped sending their children to school in protest. Villagers claim that salinity in land has increased and there is a severe freshwater crisis because of these salt pans.
Earlier, over 5,000 people were working in GHCL but owing to modernisation, the company had terminated their contracts. On this account, the villagers either want their land back or have demanded that the salt pans be handed over to the village cooperative society so that they can get employment. GHCL has filed its renewal application in the prescribed time, and it is pending with the state government.
There are nearly 12,500 saltpans along the coastal belt of Kutch and Little Rann of Kutch; the lease of nearly 80 per cent of these pans has not been renewed for a decade. The saltpan leaseholders blame the state government policy for creating obstacles in the renewal process. 
The state government had started allotting land on lease for salt production in 1964. The production and supply was traditionally regulated by the salt commissioner’s office in Jaipur. In 2005, the government changed the policy for renewal and closed this office, giving authority to respective state governments to deal with matters related to the salt industry. This has resulted in local revenue officials, who have no expertise in the subject, granting leases and renewals.
President of the Indian Salt Manufacturer's Association, B.C. Raval, said, “The whole process of lease renewal, which was earlier done at the level of district collector, has been centralised at Gandhinagar. Collectors had the power to renew leases for land less than 10 acres. But now they ask us to produce no-objection certificates from the Border Security Force, forest department and Gujarat Maritime Board. Small saltpan owners, who are salt workers themselves, cannot reach Gandhinagar and because of these hurdles, almost 80 per cent saltpans are being operated without lease renewals."
Salt manufacturers are also demanding a separate salt law and the appointment of a nodal agency to that end, since unclear guidelines are making renewals solely dependant on the revenue officials' interpretation of laws. The demands remain unaddressed till date.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for employment

Demand to get back acquired land

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Demand for a separate salt law and appointment of a nodal agency and demand for the salt pans to be handed over to village co-operative society for employment.

Region Classification

Rural

Type of 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:

PSUs Involved in the Conflict:

Gujarat Heavy Chemicals Limited

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?

No

Communities/Local Organisations in the Conflict:

Local Community

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand for employment

Demand to get back acquired land

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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