Madhya Pradesh
Khairahi, Nagwan and Karsualal villages of Mahan block; Chhatrasal, Amelia and Dongri Tal II forest blocks
,
Bandhaura
,
Singrauli
Published :
Sep 2016
|
Updated :
Forged Resolutions, Fraudulent Village Assembly Meetings Threaten Mahan Forest, Indigenous Communities
Reported by
Gourav Jaiswal
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
14000
People affected
2006
Year started
1900
Land area affected
Households affected
14000
People Affected
2006
Year started
1900
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Mahan Coal Limited is a 50:50 joint venture between Hindalco Industries of the Aditya Birla Group and Essar Power. It plans to extract coal from the Mahan coal block of Singrauli in Madhya Pradesh and supply it to the proposed power plants of Essar and Hindalco. Essar Power has invested INR 4,000 crore for a 1,000-megawatt power project, while Hindalco is setting up a 750-megawatt captive power plant and has invested INR 2,400 crore in it.
To mine the coal, Mahan Coal Limited needs access to 1,000 hectares of forestland, which falls under the environment ministry's no-go zone. This forestland is home to Asia's oldest Sal forests, besides being a source of livelihood for the tribal communities living there, who collect and sell forest produce, such as mahua and tendu leaves. These communities do not want the Mahan forests to be dug up for coal and have come together under the banner of Mahan Sangharsh Samiti (MSS).
In January 2011, a survey done by the Central Pollution Control Board and IIT Delhi identified the Singrauli coalfield region (of which Mahan is a part) as the seventh most critically polluted area in the country. The region scored 81.73 on the Comprehensive Environmental Pollution Index that led to a moratorium (moratorium means a legally authorised postponement/delay before some obligations are discharged) on further expansion of mining in the area. But soon after the order, the Madhya Pradesh State Pollution Control Board submitted a remedial plan and lifted the moratorium.
To grant permission to mine coal, the environment ministry required the company to meet 36 conditions, including the holding of free and fair Village Assembly meetings for the people to decide whether they wanted a mine or not. In March 2013, a special Village Assembly convened in Amelia village in Mahan was reportedly fraudulent. Although 184 people attended the meeting, the resolution, which showed approval for Essar's mining project, had 1,125, signatures; most of them were forged--seven of the signatories had been dead for three years. Despite this, in December 2013, the project was granted Stage II forest clearance and Stage I clearance in February 2014.
In 2014, the Mahan Sangharsh Samiti filed a case in the National Green Tribunal challenging the forest clearance accorded to the proposed coal mine. In March 2015, the allocation of coal mine was cancelled.
However, the people are still struggling to get compensation and rehabilitation due to the displacement caused by Essar Mahan power plant. From December 2016 to March 2017, community members held a protest pressurising the local administration to resolved land acquisition issues. But during the protest six persons were arrested and jailed for five days.
Again in 2016, the Ministry of Coal allotted the Amelia coal block to THDC India Limited (earlier called Tehri Hydro Development Corporation) to supply coal to the Khurja Super Thermal Power Project. However, people whose land was acquired were not paid any compensation and were told to not carry out any work in their homes where land was acquired.
By 2019, many people affected by the Essar Mahan power plant were resettled in areas with sub-par living conditions and lack of facilities. A villager told the media that many were compensated with a meagre amount of INR 8,000 as opposed to the promised sum.
In March 2020, THDC India Limited stated in its monthly report that "an initial list of eligible PAFs (project-affected families) for resettlement benefits has been finalised”. However, District Collector K.V.S. Choudary said that the publication of the list has been delayed due to COVID-19 pandemic lockdown.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Refusal to give up land for the project

Demand for promised compensation

Other Demand/Contention of the Affected Community

Region Classification

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):

6400

Type of investment:

Investment Made

Year of Estimation

2014

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ministry of Coal; Ministry of Environment, Forests and Climate Change

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:

Aditya Birla Group, Essar Power Limited, Hindalco Industries Limited, THDC India Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Gond and other tribal communities

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
Gourav Jaiswal
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Refusal to give up land for the project

Demand for promised 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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