Rajasthan
,
Rasla, Samvata and Bhimsar villages
,
Jaisalmer
Published :
Nov 2021
|
Updated :
Lack of Registration for Oran Land in Rajasthan Threatens Wildlife Conservation
Reported by
Kuber Bathla
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
1999
Year started
15180
Land area affected
Households affected
People Affected
1999
Year started
15180
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Transmission Lines
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Transmission Lines
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

An oran is large area of land in a desert that supports multiple species of animals through natural resources such as water and trees. One such area in Rajasthan, named after local deity Degray Mata, has been under contention since 1999. According to Parth Jagani, a history enthusiast, King Vikramdev had donated this land, spanning 15,180 hectares (60,000 bigha) around the Degray Mata Mandir as oran in 1419. But the land records of the state government list only 24,000 bighas as oran. When the land was measured after independence, the land was listed as farmland, but the village residents did not think it to be a cause of concern then. It was when a private solar power company started its project here and started felling trees in 1999, we looked at the land records and found the root of the problem," Durjan Singh, secretary of Oran Bachao Samiti and Degray Mandir Trust, told the media.
According to a Supreme Court judgement of 2018, orans in the state are to be classified as deemed forests and cannot be used for any other purposes. The local populace believes that the government did not list the remaining 36,000 bighas as oran as it wanted to use the land to set up transmission lines, power grid stations and renewable energy plants, which have increasingly come up in the region over the years. The Oran Development Institute and the Ecology Rural Development and Sustainability Foundation** **had filed a petition in the National Green Tribunal (NGT) in 2020. It argued that the disputed oran is home to the endangered Great Indian Bustard and that the bird needs protection from hightension wires that have cropped up in the region. In addition, a large number of livestock depend on the _oran _for grazing. We are already facing a reduction in the number of camels. What will the remaining camels eat if the pastures are not there? Sumer Singh Bhati, a local environmental activist, told the media. I have 400 camels, and in the 12 villages nearby, 5,000 camels and 30,000 sheep are dependent on the oran. If it is not spared, there would be no place for our camels to graze, he added. The petitioners had organised several protests in which the residents of the area participated. They informed the district magistrate about the problems they would face if the _oran _is not saved. The case is pending with the NGT. The Tribunal has given an interim order to the Power Grid Corporation of India (POWERGRID) to stop laying more power cables in the region. It also referred to a Supreme Court order of April 2021, in which the apex court asked companies to lay underground wires for the safety of birds and animals, and a committee regarding the same was formed. However, the petitioners have argued that POWERGRID has not paid heed to the court order or considered the recommendations of the committee. They have demanded that the entire land area of 60,000 bighas be listed in the government records as oran to ensure its conservation. "Our _oran _is several hundred years old, and we are constantly struggling to save it. Our sole request to the government is to protect it. It houses a lot of wild animals, vegetation and ponds. This is the centre of our faith, Girdhar Singh, the priest of the Degray Mata temple was quoted in the media. LCW reached out to the DFO, Desert National Park, Jaisalmer, and Stanley Mathews, chief general manager, POWERGRID, but did not get any response.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand for the entire land area to be registered in land records as a sacred grove.

Region Classification

Rural

Type of Land

Common

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):

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:

Ministry of Environment, Forests and Climate Change, Forest Department

PSUs Involved in the Conflict:

Power Grid Corporation of India

Did LCW Approach Government Authorities for Comments?

Yes

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:

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
Kuber Bathla

Kuber is a second-year student of Political Science and Economics at St. Stephen's College, University of Delhi, with interests in public policy, rural development, political analysis and organisation management. He is currently interning with the Observer Research Foundation. In the past, he has worked with Transform Rural India Foundation (an initiative of Tata Trusts) and India Development Review, learning research, data and organisation management.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

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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