Gujarat
Munra
,
Navinal
,
Kutch
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Gujarat's Navinal village opposes allotment of 231 acres of grazing to Adani Ports
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
602
Households affected
3100
People Affected
2010
Year started
129
Land area affected
602
Households affected
3100
People Affected
2010
Year started
129
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Port
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In a significant move, the Gujarat government on 5 July 2024 decided to reclaim 108 hectares of grazing land from the Adani Group near Mundra port in Kutch district, following a long legal battle with residents of Navinal village. On 10 July 2024, however, the Supreme Court stayed the Gujarat High Court order and sought the Gujarat government's reply on the matter.

In 2005, grazing land from three panchayats was taken to develop Mundra Port and Special Economic Zone (SEZ). However, the residents of Navinal village came to know about it in 2010 when the company started fencing the "gauchar" land. In 2011, they filed a Public Interest Litigation (PIL) contesting the allocation of 231 acres of grazing land to Adani and argued that this land, crucial for local grazing and the community's economy, should remain accessible to the villagers.

In compliance with Gujarat High Court's directive, on July 1, 2024, the Kutch Collector proposed returning the land to the village. The state government approved this proposal on July 4, 2024, thus reclaiming the 108 hectares originally allotted to Adani Ports and SEZ.

The High Court bench, led by Chief Justice Sunita Agarwal and Justice Pranav Trivedi, instructed the government to promptly execute the government decision. A follow-up hearing is scheduled for 26 July 2024 to monitor the implementation progress.

In the earlier hearings, the court had rejected the government's proposal to allot 117 hectares of land 6-7 km away for the grazing purpose. The court had then stated that Mundra Port and SEZ must return 117 hectares, emphasising that village grazing land cannot be repurposed.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (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

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Author
Reported by
Suchak Patel

Gujarat

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for better access to common land/resources

Gujarat's Navinal village opposes allotment of 231 acres of grazing to Adani Ports

Reported by

Suchak Patel

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

July 17, 2024

July 29, 2024

Edited on

July 17, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Port

Starting Year

2010

Land Area Affected (in Hectares)

129

ha

Households Affected by Conflict

602

People Affected by Conflict

3100

State

Gujarat

Sector

Infrastructure

People Affected by Conflict

3100

Households Affected by Conflict

602

Land Area Affected (in Hectares)

129

ha

Starting Year

2010

Location of Conflict

Navinal

Munra

Kutch

Reason or Cause of Conflict

Port

Land Conflict Summary

In a significant move, the Gujarat government on 5 July 2024 decided to reclaim 108 hectares of grazing land from the Adani Group near Mundra port in Kutch district, following a long legal battle with residents of Navinal village. On 10 July 2024, however, the Supreme Court stayed the Gujarat High Court order and sought the Gujarat government's reply on the matter.

In 2005, grazing land from three panchayats was taken to develop Mundra Port and Special Economic Zone (SEZ). However, the residents of Navinal village came to know about it in 2010 when the company started fencing the "gauchar" land. In 2011, they filed a Public Interest Litigation (PIL) contesting the allocation of 231 acres of grazing land to Adani and argued that this land, crucial for local grazing and the community's economy, should remain accessible to the villagers.

In compliance with Gujarat High Court's directive, on July 1, 2024, the Kutch Collector proposed returning the land to the village. The state government approved this proposal on July 4, 2024, thus reclaiming the 108 hectares originally allotted to Adani Ports and SEZ.

The High Court bench, led by Chief Justice Sunita Agarwal and Justice Pranav Trivedi, instructed the government to promptly execute the government decision. A follow-up hearing is scheduled for 26 July 2024 to monitor the implementation progress.

In the earlier hearings, the court had rejected the government's proposal to allot 117 hectares of land 6-7 km away for the grazing purpose. The court had then stated that Mundra Port and SEZ must return 117 hectares, emphasising that village grazing land cannot be repurposed.

Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Non-Forest (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?

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

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Gujarat Panchayats Act, 1993
Section 108(4) [This section provides for grazing land vested by the state government in a panchayat to be used for public purpose]
Gujarat Special Economic Zone Act, 2004
Section 4 [SEZ Authority is a corporate body which carries out various functions for the regulation of the SEZ. It comprises several officials from the state government.] Section 6 [Functions of SEZ authority to include acquiring land for the establishment of SEZs and approve allocation of government land]
Gujarat Land Revenue Code, 1879
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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.

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:

Delay in allottment and possession of land/property

Non-consultation with stakeholders

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Gujarat High Court, Supreme Court

Case Number

WP (PIL) No. 17 of 2011 (Gujarat HC), SLP(C) No. 014440/2024 (Supreme Court)

Main Reasoning/Decision of court

In 2011, a PIL was filed in the Gujarat High Court challenging the allotment of Gauchar land to the project proponent. Other petitions were also filed challenging the establishment of the industry in the seismic zone of Kutch. On September 24, 2014, the High Court issued directions to the state government to carry out the task of measurement of the gauchar land allotted to Navinal and Luni Gram Panchayats. After such measurement, the land would be vested with the Gram Panchayats. With respect to the village Goyarsama, the Deputy Collector was directed to expedite the process of assessing how much additional land must be allotted to the panchayat for gauchar. Later in 2015, this order would be recalled due to non-availability of land. Since then, the matter would be heard from time to time but no substantial order was passed. On July 5, 2024, the High Court took note of the submissions made by the district collector. The court then directed that the gauchar land allocated to the village Navinal would come to be 129.5 hectares approximately, resuming an area of 108.22 hectares from the land allocated to the project proponent. On July 10, 2024, Adani Ports and Special Economic Zone Ltd. (the project proponent) appealed the July 5 High Court order before the Supreme Court and obtained a stay. The matter is slated to be heard on August 13, 2024.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Gujarat Revenue Department

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

No items found.

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Sandesh News

Gujarat Samachar

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Video

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