Chhattisgarh
Bastar
,
Dalli Rajhara
,
Kanker
Published :
Mar 2018
|
Updated :
Dalli-Rajhara-Rowghat-Jagdalpur Rail Project in Chhattisgarh Hit Multiple Roadblocks, Farmers Demand Compensation, Employment
Reported by
Asha Verma
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
502
People affected
2011
Year started
343
Land area affected
Households affected
502
People Affected
2011
Year started
343
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

People in Kanker district have opposed the construction of the 235kilometrelong DalliRajharaRowghatJagdalpur railway line. The railway project, to be completed in two phases, is under South Eastern Central Railway. It will transport iron ore from Rowghat mines to the Bhilai Steel Plant. The first phase is a 95kilometre stretch between Dalli Rajhara and Rowghat. The second phase will connect the 140kilometre stretch between Rowghat and Jagdalpur.  The administration completed the land acquisition process by 200910. Construction started in 2011 for Phase I. Protests have continued since. The opposition stems from concerns about the impact of the mines and their infrastructure on the local tribal communities, their livelihood and forests. Reportedly, the project violates the Forest Rights Act as the tribespeople were ousted from the affected villages without proper recognition of their rights and fair compensation. Moreover, the project would result in the felling of over three lakh trees. The affected farmers have also demanded the compensation they were promised for their lands.  Since 2011, there have been several instances of protests, violence and intimidation by Naxalites in the area, according to a media report. This led to a delay in the completion of the first phase of the project. In response, the administration heavily militarised the railway line stretch to tackle Maoist activities.   All along, the village residents continued to protest. As per a news report, in September 2015, a person opposing the mines and the railway project was arrested for disrupting the public peace. There have been similar reports of harassment of protesting villagers by the police and Border Security Force.  In April 2016, the Ministry of Railways issued a notification for the second phase of the project.  In 2017, the affected shopkeepers and landowners protested and presented a 13points agenda, demanding compensation under the banner of Vikas Sangharsh Samiti. Following this, they were arrested. Later, they held multiple meetings with the BSP management to voice their demands.  In March 2018, farmers started to agitate against the delay in compensation, reported a newspaper. They claimed that the administration had promised fair compensation and employment for one member of each affected household. However, they lacked clarity on the changes in the policy adopted for compensating the families, which the administration cited as an excuse for not granting employment to several households. Reportedly, over 400 families were still awaiting their compensation package in 2018.  In January 2018, some of the affected villagers approached the district administration and filed a petition at the Chhattisgarh high court to demand employment. In April that year, the prime minister inaugurated a part of the railway track. In July, the administration announced the distribution of compensation to 108 of the affected farmers, amounting to INR 152 crore, reported a [news article](http:// , , 108 28.102 152 2007 11 95 201213 140 9 2015 , , Naxal Killed Police SI: Naxal Killed Police SI: 45 Coronavirus Chhattisgarh News: , Coronavirus Chhattisgarh News: , ). Since then, the project work has continued amidst ongoing discontent. In 2019, farmers raised concerns over the low rate of compensation. They were relieved when in February 2021 the Kanker district collector announced to expedite the process of granting employment to the 502 affected families. As per a news report, he stated that the district administration had sent a proposal to the Ministry of Railways and the BSP management to employ the members of the affected households. But the assurances remain unfulfilled. Land acquisition for Phase II is yet to be complete.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for employment

Demand for promised compensation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Both

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):

2538.3

Type of investment:

Investment Expected

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:

Ministry of Railways

PSUs Involved in the Conflict:

Steel Authority of India Limited, National Mineral Development Corporation Limited

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Chhattisgarh Railway Corporation Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Rowghat Bachao Jila Sangharsh Samiti, Vikas Sangharsh Samiti

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
Asha Verma
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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for employment

Demand for promised compensation

Opposition against environmental degradation

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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