Andhra Pradesh
Devada
,
Palavalasa
,
Visakhapatnam
Published :
Sep 2016
|
Updated :
Farmers Demand Compensation for Land Diverted for Thermal Power Plant in Vishakhapatnam
Reported by
Surabhi Bhandari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
48000
People affected
2016
Year started
454
Land area affected
Households affected
48000
People Affected
2016
Year started
454
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 1999, the state government allotted 1,122 acres to Hinduja National Power Corporation Ltd (HNPCL) to construct a 1,040megawatt thermal power plant at Palavalasa in Visakhapatnam district. The land acquisition in 15 villages under the four panchayats of Deveda, Pedavalasa, Chinnapalem and Nadupuru has affected more than 10,000 families whose livelihood depends on the land. They now work as daily wage labourers for an income. A majority of this land was waqf land (land belonging to the Muslim Wakf Board), which the farmers were cultivating for generations. "According to the law, even a farmer who grows crops on wakf land has rights over the land and must be paid some compensation, says Narasinga Rao, member of the State Secretariat of the Communist Party of India (Marxist). However, the authorities did not pay any compensation or rehabilitation to the farmers, stating that they did not own the land. The government declared 5,835 acres as wakf land. The farmers were not paid any compensation, says B. Srinivas, former panchayat president of Deveda. Earlier, they used to grow at least two crops of paddy a year, millets and other horticulture crops. It was their only source of livelihood for generations."
In 2012, the state government constituted a committee to look into irregularities in the power project. This included terms of land allotment and delay in commissioning the project. The report was supposed to be released on April 23, 2012, but it was never made public. In July 2016, Hinduja commissioned the project, with coal allocation from Mahanadi Coalfields Limited. However, in 2018, the power purchase agreement was cancelled due to excess supply of power. In January 2020, a case was filed in the Appellate Tribunal of Electricity between the HPNCL and the Andhra Pradesh Electricity Board over the power supply and the cost of power.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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):

125

Type of investment:

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:

Government of Andhra Pradesh, Andhra Pradesh State electricity Board (APSEB)

PSUs Involved in the Conflict:

Bharat Heavy Electricals Ltd (BHEL)

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Hinduja National Power Corporation Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

YSRCP, CPM, CPI, Pendurthy Assembly Constituency

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
Surabhi Bhandari
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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for legal recognition of land rights

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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