In January 2013, around 3,000 villagers, including fisherfolk, salt pan workers and farmers from about 10 villages surrounding Mundra, held a 50kilometre rally from Bhadreshwar to the district headquarters in Bhuj protesting against the power projects of the Tata Group, the Adani group and OPG Power, besides the Mundra Port and Special Economic Zone (MPSEZ). Earlier in 2008, the fishing community of Kutch, in a Public Interest Litigation filed in the Supreme Court, pointed out the violations at the Mundra Port. In April 2009, more than 5,000 fisherfolk across the Kutch region threatened to boycott the Lok Sabha polls (parliamentary elections). The protesters say OPG Power and the Adani group's Kutch Power Generation Limited have severely curtailed their access to the sea, besides destroying their fish yield, as a consequence of outlet channels from the plant sites. The state government allotted 14,305 acres of land in Kutch to Adani at prices ranging from INR 1 to INR 32 per square metre. MPSEZ by Adani has been under fire since then for violation of environmental regulations. The SEZ has reportedly violated the Coastal Regulation Zone Notification of 1991 and the Forest (Conservation) Act, 1980. The environmental costs incurred by this SEZ are deforestation of mangrove forests and other trees, loss of migratory birds and deterioration of creeks and scrubs. The state forest department report claims that around 340 square kilometres of mangroves are in danger. The farmers of Dhrub village have lost their agricultural lands due to the SEZ operations. Compensation provided by Adani was reportedly meagre as compared to the actual land price. Fisherfolk have been the worst affected as they have been displaced without any compensation. In 2012, a committee headed by environmentalist Sunita Narain concluded that Adani had violated several green regulations and caused largescale damage to the environment. It recommended that the company should be made to pay either INR 200 crore or 1 per cent of the project cost, whichever is higher, to set up an Environment Restoration Fund, which would go towards repairing the damage caused to the ecosystem. In 2015, the environment ministry claimed that the penalty is illegal and that violations would be dealt with later. In June 2017, the Gujarat State Human Rights Commission sought a report from the commissioner of fisheries and from the Kutch district collector over a complaint by a fisherman. In August 2019, the Gujarat high court asked the environment ministry to submit a report by September 13 on compliance of its earlier direction to come up with an environmental conservation plan by Adani Port in response to a petition filed by the fisherfolk. Interestingly, in November 2019, Adani Ports and Special Economic Zone Limited won the first ever national CSR award for creating a sustainable impact on incomes and overall living standards of fisherfolk in Gujarat. In February 2020, the environment ministry's expert appraisal committee went back on the norms it had laid down and accepted the Adani Groups plea for exemption from conducting a public hearing on the Mundra port waterfront development project, much to the concern of the 30,000odd people from the fishing community in the area. Both the fisherfolk's protest, and the port's operations continue.
Demand/Contention of the Affected Community
Demand for better access to common land/resources
Complaint against procedural violations
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Non-Forest (Grazing Land), 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?
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):
₹
6000
Type of investment:
Investment Made
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, Other
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Violation of environmental laws
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)
High Court of Gujarat; Supreme Court of India
Case Number
WRIT PETITION (PIL) NO. 21 of 2013
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Ministry of Environment, Forests and Climate Change; Gujarat Pollution Control Board
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:
Adani Power Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Paryavaran Suraksha Samiti, Kutch Mahila Vikas Sangathan, Macchimaar Adhikar Sangharsh Sangathan, Mundra Hit Rakshak Manch, Namati Centre for Policy Research Environment Justice Program
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?
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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