Since 2016, farmers of four villages -- Lonje, Bodhare, Shivapur, and Pimparkhed -- in Maharashtra’s Jalgaon district have been complaining about solar power plants, owned by JBL group and Avaada Group, for fraudulently acquiring 1100 acres of their land.

Farmers across the villages told LCW that several “company brokers” approached the farmers between 2016 and 2018 with proposals to buy their land. They alleged that company representatives claimed that the government is planning to allocate their land, classified as government land, for solar power projects, therefore, it would be in their interest to sell their land to the company and accept whatever amount of money that is being offered to them. In some instances, they also promised jobs in their companies.

LCW found that JBM Solar Power, Mego Solar Power, and Fermi Solar (a unit of the Avaada Group) completed 73, 66, and 14 sale deeds, respectively. Later, Mego Solar merged with Fermi Solar. Out of the total 153 sale deeds, LCW found that 83 of them were executed at prices lower than the government valuation, which means that 54 percent of the deeds were executed below the government valuation of the land.

Activist Bhimrao Jadhav, who has been leading a movement demanding “justice” for the farmers, said that company brokers and even employees of the company were involved in the “mass defrauding”.

The solar power projects also came under scrutiny because the land in question also falls under Gautala Autramghat Wildlife Sanctuary and also is part of the Eco-Sensitive Zone. Solar power projects in Shivapur and Bodhare villages are set up in areas that were notified in 1986 as part of the Gautala Autramghat Wildlife Sanctuary. On 9 December 2016, the Ministry of Environment, Forest and Climate Change notified the Eco Sensitive Zone, which included Shivapur and Bodhare.

Land records show that the Fermi Solar and JBM Solar have set up the power plant on 1070 acres of agricultural land. And, 476 acres of the project area evidently falls inside the Gautala Autramghat Wildlife Sanctuary in Shivapur and Bodhare village.

Advocates who have been dealing with cases related to this issue allege that both the projects are in violation of different Acts and rules. Advocate Bhushan said that "once the Wildlife Protection Act is in place, one cannot sell and purchase the land" and that "it can only be transferred to their legal heir." "The deeds for transfer of property cannot even be executed, that's what section 20 of the Wildlife (Protection) Act 1972 says." Advocate Bharat Chauhan and Bhushan also pointed out that this move of non-agriculturalists buying land in ESZ also violated section 63-1 A of the [Maharashtra Tenancy and Agricultural Lands Act 1948](https://lj.maharashtra.gov.in/Site/Upload/Acts/The Maharashtra Tenancy and agricultural Lands act, 1948__Back20181029.pdf), which mandates the permission of the Collector to complete the sale.

After multiple cases of forgery and cheating surfaced, activist Bhimrao and advocate Chauhan, along with affected farmers formed Shetkari Bachav Kruti Samiti, Chalisgaon, in 2017 to save the wildlife sanctuary and the rich biodiversity. The committee even protested and raised the issue at the Chalisgaon Tehsildar and Magistrate’s office. “But nothing worked,” said Bhimrao.

LCW accessed the minutes of the meeting of the Monitoring Committee for Eco Sensitive Zone for Gautala Autramghat Wildlife Sanctuary as on 7 February, 2018, which was held in presence of five officials – Naval Kishor Ram, IAS, Collector, Aurangabad (Chairman), S.R. Thatte, Assistant Director, Town Planning, Aurangabad (Member), Shri R.R. Kale, Divisional Forest Officer (Wildlife), Aurangabad (Member), Shri P.D. Korhale, Representative, Maharashtra State Biodiversity Board, Nagpur (Member), and Shri S.P. Wadaskar, IFS, Deputy Conservator of Forests, Aurangabad (Member Secretary). During the meeting, the committee passed a resolution to grant permission to Fermi Solar Farms with certain conditions. Only three days after the application submitted by Farmi Solar Farms, the Deputy Conservator of Forests, Aurangawat, on 9 February 2018, granted permission to set up solar plants in the Eco-Sensitive Zone.

The permission was justified by quoting that the "the activity of solar project has been listed at Sr No. 37 under promoted activities." The activities mentioned at Sr No 37 states the "Use of Renewable Energy". Advocate Chauhan said, "The words don't mean commercialisation or the industrialization of renewable energy and setting up production plants, it simply talks about using the renewable energy; this can be using solar installed lights in the area."

Moreover, according to the ESZ notification, the Monitoring Committee comprises 13 members, contrary to this, the resolution in favour of Fermi Solar was passed only in presence of five members as on 9 February 2018.

LCW reviewed satellite images from the area as on January 2018, which clearly showed that even a month before taking any formal permission, the companies had been carrying out construction work on the land in question.

Three petitioners at the Bombay High Court sought direction for closure of the solar power plants that fall inside the sanctuary as well as the ESZ. The petitioners informed the court that Fermi Solar Farms and JBM Solar Power erected high voltage transmission towers bearing 132KV transmission lines "by forcefully entering into properties without consent." 

Following which, the Bombay High Court bench at Aurangabad observed that “the Monitoring Committee, though comprises of 13 members, only 5 members sat in the meeting dated 07/02/2018 and passed an illegal Resolution.” It further observed that Fermi Solar Farms should have restricted its activity to 300 acres, but has “spread Solar Farms over 1070 acres, approximately.” It further noted that Fermi and JBM Solar did not have have the Wildlife Clearance Certificate, Environmental Clearance Certificate or Forest Clearance Certificate and that JBM Solar did not even have the requisite permission.

The Union of India (Centre) in a counter affidavit said that the companies had never applied for wildlife clearance, forest clearance, or environment clearance.

The High Court asked the Centre as to what actions have they taken against the companies for not getting the clearances. To this, the central government submitted that "the responsibility for taking cognizance of wildlife offenses is the responsibility of state authorities, and that this is not subject matter of Union of India." 

The farmers are still awaiting “justice” and actions against the companies for the alleged fraud and the destruction to the environment.