Jammu and Kashmir
Kralpora
,
Gurez
,
Bandipora
Published :
May 2018
|
Updated :
Kishanganga Hydroelectric Power Project Displaces Dard Tribe and Local Villagers in Bandipora
Reported by
Mir Farhat
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
2928
People affected
2008
Year started
379
Land area affected
Households affected
2928
People Affected
2008
Year started
379
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2018, NHPC Limited, formerly known as National Hydroelectric Power Corporation, completed the Rs 5,750crore Kishanganga Hydro Electric Project on river Kishanganga in Gurez, a remote picturesque area in Bandipora district in Kashmir close to Line of Control between India and Pakistan. The dam is considered to be of 'strategic value' for India under the Indus Water Treaty, 1960, but local Gurezis have questioned the value of the project for them. The dam affects 610 families in Gurez and 171 families in Kralpora, It has faced local opposition on account of its effects on farm land and housing structures. Locals expressed resentment over meagre compensation paid for their lands, unfulfilled promises of jobs and differential compensation paid to families in Gurez and Kralpora. In 2015, people from Kralpora filed a petition before the J&K High Court demanding that the policy of resettlement and rehabilitation for the projectaffected families should be redrafted in accordance with the National Rehabilitation and Resettlement Policy, 2007. According to one report in 2018, the Dard Shin tribe of Gurez who are considered to be last of the original Aryans were relocated across Srinagar due to paucity of land in Gurez.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Demand for promised compensation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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):

5750

Type of investment:

Revised 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:

Bandipora District, Forest Department, Union Territory of Jammu and Kashmir

PSUs Involved in the Conflict:

NHPC Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

National Hydro-electric Power Corporation (NHPC Ltd)

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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
Mir Farhat
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Demand for promised compensation

Complaint against procedural violations

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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