A 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 100 MW Captive Solar Power 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.
As per Tata Power Solar’s Press release on the 8th of September 2022, “TPREL has created a special purpose vehicle (SPV) – TP Nanded Limited, which will undertake the construction, operation and maintenance of this captive solar power plan”.
The local community claims that 300 acres of agricultural lands in the ‘Reserve Forest’ area of Doctorwadi and Panzhan villages, Nandgaon Taluka, being tilled by them since the 1960s, has been taken over by functionaries of the Solar Power Plant since September 2022. The Solar Power Plant functionaries, claiming to have purchased the land for construction of the project, immediately commenced construction in September 2022. While ousting the erstwhile land-holders and preventing their access thereto, the local land-holders claim they have been repeatedly harassed and threatened by the project’s functionaries.
The local land-holders claimed that sale of 300 acres of land for construction of the Solar Power Plant was done without obtaining prior clearance of the Forest Department as per the Forest (Conservation) Act, 1980. The 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.
For the past 6 months, the local land-holders have been protesting against the forced restrictions and ousting of access to land, by organizing indefinite sit-ins outside various Maharashtra State Revenue Offices. Additionally, 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.
The protestor-led letter campaign resulted in the Forest Department taking cognizance of the matter. On 28.03.2023, over 100 officials acting under the orders of Nitin Gudge, Chief Forest Conservator, Nashik carried out a massive raid, termed as ‘Operation Solar’, at the site of the Solar Power Plant. The Forest Department officials observed unauthorized 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
Complaint against procedural violations
Demand for legal recognition of land rights
Demand to cancel the project
Demand to retain/protect access to common land/resources
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
Original Project Deadline
72023
Whether the Project has been Delayed
Yes
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 action taken by the Forest Department 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?
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
No
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:
Forced evictions/dispossession of land
Lack of legal protection over land rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
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:
Blackmail/threats/intimidation
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
Corporate Parties Involved in the Conflict:
Tata Solar Power; TP Nanded Limited - SPV for the proposed Solar Power Plant
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
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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