A 100 MW captive solar power plant being set up in Nashik District’s Nandgaon Taluka has been a major cause for concern for local farmers since September 2022. The plant is being set-up by Tata Power Renewable Energy Limited (TPREL), a subsidiary of Tata Power, in collaboration with Viraj Profile Private Limited (VPPL), to meet the power supply requirements of VPPL’s Stainless Steel Manufacturing Plant at Tarapur, Maharashtra.
In September 2022, TPREL created a special purpose vehicle called TP Nanded Limited to construct, operate and maintain the power plant.
The local community claims that they have been tilling the 300 acres of agricultural lands in the ‘Reserve Forest’ area of Doctorwadi and Panzhan villages since the 1960s. Since September 2022, these lands have been taken over by functionaries of the solar power plant.
The officials of the solar power plant claim on the other hand that they have purchased the land for the project and ousted the people who were cultivating the lands to begin project construction. The affected farmers however claim they have been repeatedly harassed and threatened by the project’s functionaries.
According to the community members, the sale of their agricultural land 300 acres was carried out without obtaining prior clearance of the Forest Department as per the Forest (Conservation) Act, 1980. They are now local land-holders were therefore seeking an investigation into the sale of the disputed lands, and a declaration of multiple land titles for various farmer families over the 300 acres.
The affected individuals told LCW they have been protesting against the forced restrictions and ousting of access to land, by organising indefinite sit-ins outside various Maharashtra State Revenue Offices.** **The protestors have carried out hunger strikes, on-ground protest marches, and letter campaigns to various administrative departments of the State Government of Maharashtra, including the Forest Department, and even threatened to take their own lives if demands were not met.
In March 2023, the Forest Department took note of the matter after a letter campaign by the protestors. Acting under the orders of Nitin Gudge, Chief Forest Conservator, Nashik, forest officials carried out a massive raid, termed ‘Operation Solar’, at the site of the Solar Power Plant. The Forest Department officials observed unauthorised extraction and construction taking place. Amid heavy police presence along with armed forest officials, the entire project was 'sealed' and all materials including tractors and JCBs, were confiscated.
The protest against the solar power plant has been led by Raju Desale, State Vice-President Kisan Sabha and State Secretary, All-India Trade Union Congress (‘AITUC’), and other members of the Kisan Sabha, AITUC and the Communist Party of India. Speaking to LCW, Desale stated that 56 land-holders families from Nandgaon Taluka have been forcibly restricted and ousted from their lands, which has resulted in protests since September 2022.
On behalf of the farmers community, Desale said they welcomed the decisions taken by the Forest Department, and it was now the Revenue Department’s responsibility to ensure investigation into the sale of the 300 acres land, as well as to ensure that “justice is done by the land-holders”.
Demand/Contention of the Affected Community
Demand to cancel the project
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled due to protests
Original Project Deadline
2023
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land
Whether the project was stalled due to land conflict
Yes
Source/Reference
The project has been stalled due to raid and subsequent sealing of premises and confiscation of vehicles and equipment conducted by the Forest Department on 28.03.2023, which was prompted by persistent protests of the local community.
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Non-consultation with stakeholders
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Revenue Department and Forest Department, Government of Maharashtra
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
LCW has written an email to Siddharth Gaur, Head - Public Relations, Tata Power and Jyoti Kumar Bansal - Chief Branding, Corp Comm, CSR, Sustainablity, The Tata Power Company Limited to ask for their comment. This section will be updated when we receive a response from them.
Corporate Parties Involved in the Conflict:
Tata Solar Power; TP Nanded Limited (Tata Power's SPV for the proposed Solar Power Plant)
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Kisan Sabha
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?
Maitreya is an independent environmental law practitioner having secured a B.A.LL.B. (Hons) from Hidayatullah National Law University.
Initiating his legal practice at the chambers of ex-President of the NGT Western Zone Bar Association Adv. Asim Sarode, Maitreya has gone on to work with the 2021 Right Livelihood awardee 'Legal Initiative for Forest and Environment' (LIFE) before commencing independent environmental law practice before various benches of the National Green Tribunal in 2022.
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