Gujarat
,
Badbhut
,
Bharuch
Published :
Dec 2016
|
Updated :
Prime Minister Inaugurates Bhadbhut Barrage in Gujarat Despite Opposition by Fisherfolk
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
30000
People affected
2010
Year started
200000
Land area affected
Households affected
30000
People Affected
2010
Year started
200000
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2011, the Gujarat government decided to construct a barrage on the Narmada river near Bhadbhut village in Bharuch district, as part of the Kalpasar project. The project is supposed to be one of the biggest in the world as it proposes to construct a 30kilometrelong dam across the Gulf of Khambhat between Bharuch and Bhavnagar districts. The reservoir is supposed to trap the water of 12 rivers, including Narmada, Mahi, Sabarmati, Dhadar and some Saurashtra rivers that empty their water in the gulf. The project is expected to have a reservoir spread across 2,000 square kilometres, over five times the area of the Sardar Sarovar Dam. The barrage is aimed at curbing the salinity ingress that has affected potable water sources and local industries. However, some fisherfolks have protested against the Bhadbhut barrage, fearing it would affect their fishing activity. In the estuary between Narmada near Bhadbhut where sweet and saline water meet, large quantity of Hilsa and Palwa fish are found. If the barrage or causeway is constructed, fishing will be severely affected, they claim. On July 19, 2014, about 1,500 farmers and fisherfolks attended the public hearing on the construction of a kilometrelong weircumcauseway. They walked out of the hearing, protesting. The causeway still awaits environmental clearance. About 4,000 fisherfolk also organised a protest rally at the district magistrate's office. According to a local source, the Hilsa fish arrive during monsoon as the river stretch of 130 kilometres holds rain water. If the barrage is built, there will be no freeflowing river stretch to support fish breeding. The barrage approach is 7.29 kilometres long. The affected area is a floodplain that the fisherfolks use to access water for fishing. This area would be diverted to the barrage through a boxtype central drainage structure. Th officials claim that Hilsa fish can jump to the other side of the dam and survive but the fisherfolk contend that the Hilsa variety cannot jump. They also argue that while Salmon can jump, it can only only breed in brackish water and not the sweet water that will be collected by the barrage. On October 8, 2017, the prime minister inaugurated the Bhadbhut barrage. During the inauguration ceremony, fisherfolk protested with black flags even as the prime minister urged them to form cooperatives and buy boats under the scheme. Protesters were detained along with the women of the families. In August 2020, the state government awarded the contract for the barrage to a joint venture between Dilip Buildcon Limited and Hindustan Construction Company Limited. In September 2020, the state government issued a notification to acquire 131 hectares of land from 14 villages on the banks of the Narmada. The villagers have not protested but the fisherfolk continue to.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

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):

5300

Type of investment:

Cost of Project

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:

Narmada Water Resources, Water Supply and Kalpsar Department, Inland Waterways Authority of India

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:

Dilip Buildcon Limited, Hindustan Construction Company Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Paryavaran Mitra

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Refusal to give up land for the project

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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