Odisha
,
Loindamala
,
Sambalpur
Published :
Mar 2019
|
Updated :
Odisha Amends Electricity Act, Farmers Receive Compensation for Transmission Lines in Sambalpur
Reported by
Connor Staggs
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
619
People affected
2017
Year started
461
Land area affected
Households affected
619
People Affected
2017
Year started
461
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Transmission Lines
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Transmission Lines
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Since 2017, the Larsen & Toubro (L&T) electrical company has been building new electrical towers and transmission lines as part of the expansion of the 765kilowatt AngulJharsuguda transmission line in Sambalpur district. Originally proposed in 2011 by the Power Grid Corporation of India Limited (POWERGRID), the project received permission in December 2016 for the clearance of some 461 hectares of forestland**. *The new electrical lines will help meet the electricity requirements across the southern power grid in Odisha, which has otherwise remained underpowered. Under the Indian Telegraph Act, 1885, a company would pay the cost of damages caused to structures, crops or trees but would not compensate for the land acquired underneath the transmission lines. In an interview in August 2017, Sambalpur district subcollector Prasanna Das said that a compensation package for damages incurred for the AngulJharsuguda transmission line was being prepared for the villagers, which would be released before the scheduled construction of the transmission line* **on August 12, 2017. However, the compensation was not distributed by the time the construction began. The village residents claim that L&T was forcefully laying electricity wires. When they confronted the officials, the police intervened and assaulted them. They also beat up a women from the village and locked her inside a police vehicle. She was later admitted to the hospital with severe injuries to her legs, back and chest. Her daughter was also assaulted by a member of the POWERGRID.
In September 2017, the Odisha government amended the Electricity Act of 2003 and passed a resolution that directs companies to now pay compensation for laying down transmission lines. As per the new guidelines, landholders are entitled to compensation for the loss of any land due to the laying of transmission lines, in addition to any damages incurred to crops, trees or existing structures on the land. On September 30, the affected people received a compensation package in excess of legal requirements after L&T officials met them. Following this resolution, work on the project resumed.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest, 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

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?

Yes

When did it end?

September 30, 2017

Why did the conflict end?

After a confrontation between the police and villagers in 2017, the Odisha government amended the Electricity Act of 2003 to provide compensation for land, in addition to compensation for damages on the land. L&T officials handed over the compensation to the affected villagers on September 30, after which the matter was resolved.

4
Additional Information

Government Departments Involved in the Conflict:

Odisha Police; District Magistrate, Sambalpur

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:

Power Grid Corporation of India Limited, Larsen & Toubro (L&T India - Electrical & Automation)

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Aam Aadmi Party

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
Connor Staggs
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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

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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