Chhattisgarh
,
Alnar
,
Dantewada
Published :
Jun 2017
|
Updated :
Iron Mining Project in Chhattisgarh's Dantewada Disregards Gram Sabha Approval, Violates FRA
Reported by
Asha Verma
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1077
People affected
2016
Year started
32
Land area affected
Households affected
1077
People Affected
2016
Year started
32
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Iron Ore Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Iron Ore Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In April 2017, the residents of Alnar village in Kunakonda tehsil in Dantewada launched an organised opposition to the development of an iron ore mine on 31.55 hectares of protected forestland. The villagers claimed that they had no information about the mining project until the company, Aarti Sponge and Power Limited, started surveying the region.  The Ministry of Environment, Forests and Climate Change granted StageII forest clearance to an iron ore mining project in Alnar village on March 22, 2017. According to news reports, the local people claimed that the administration did not seek the consent of the Gram Sabha for diverting the forestland. This violates the Panchayats (Extension to Scheduled Areas) Act, 1996, as the village is listed as a Schedule V area.  Meanwhile, according to the environmental clearance report, the administration had conducted a public hearing on September 30, 2016, at Van Kashtagar in Dantewada. The proceedings, submitted to the Chhattisgarh Environment Conservation Board, states that around 150 people attended the meeting and 91 signed the attendance register. However, it does not mention anyone from Alnar village.  According to a 2019 news report, the Dantewada administration has not settled the rights claims of villagers under the Forest Rights Act, 2006. In September 2016, the district administration had submitted a letter to the environment ministry stating that the villagers had said no to the title. However, the people claimed they were unaware of giving any such consent. Subsequently, in May 2017, the Alnar Gram Panchayat passed a resolution against the mining project. The village residents submitted letters to the president, chief justice of India, justice of the Chhattisgarh high court, the state governor and the chairperson of the National Scheduled Tribes Commission, requesting action on the issue. They also filed complaints with the district and block administrations. However, the government allegedly did not make an attempt to address the grievances.  A local journalist, also a resident of Alnar, told LCW that the villagers did not receive any notices about the public hearing and that it was likely that the people present in the hearing were from other villages. He further informed LCW that the forestland, allocated for mining, was used by tribespeople for their livelihood activities and that they would continue to oppose the mine as it affected their livelihood.  According to a press release, the company expects to start mining operations by the end of 2021. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

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):

150

Type of investment:

Cost of Project

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:

State Level Environment Impact Assesment Authority, Dantewada District Administration

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:

Aarti Sponge and Power Limited

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
Asha Verma
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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Refusal to give up land for the project

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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