Maharashtra
Munshi tehsil
,
Mugaon
,
Pune
Published :
Sep 2016
|
Updated :
Lavasa Project in Maharashtra's Pune Abandoned, Adivasis Lose Agricultural Land
Reported by
Prerna Chaurashe
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
48000
People affected
2010
Year started
600
Land area affected
Households affected
48000
People Affected
2010
Year started
600
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Lavasa in Pune was touted to be India's first private hill city. The project, which started in 2004, envisioned a planned township with residences, hotels, a city centre and schools. The township project faced numerous allegations of usurping tribal land and violating environmental norms. The people who gave up their land for the project are largely adivasis and former landless people from 18 villages in Pune district who received this land as part of the state land reforms, initiated in the 1960s which dissolved large landholdings. The Adivasis allege they have been duped of their land to build the plush township. They insist that they did not sell their land, which the Lavasa Corporation claimed to have bought through agents. Upon the request of Medha Patkar, convener of the National Alliance of People's Movement (NAPM), and Pune district collector, the subdivisional magistrate identified in 2015 that 191 hectares of land within the project site belonged to 13 tribal families and ordered this land to be returned to them. Meanwhile, soon after the allegations, the Maharashtra government started investigating more such cases of fraudulent purchase of tribal lands. The project was also criticised by activists for causing environmental degradation by cutting millions of trees and diverting and restricting natural water streams. In August 2018, the National Company Law Tribunal accepted a petition to declare Lavasa Corporation bankrupt. The case was being heard as of October 2019. An article reported that the town was abandoned but people who had invested are keen on finding a solution and had petitioned to the prime minister to save the project. Suniti S.R. from the NAPM said that "even though we have succeeded in regaining around 191 hectares of land that were fraudulently transferred, the families still have lost agricultural land in Varasgaon Dam which was given to Lavasa on lease".

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to get back acquired land

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-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):

40000

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ministry of Environment and Forests (MoEF)

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:

Hindustan Construction Company, Lavasa Corporation Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

National Alliance of People's Movements

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
Prerna Chaurashe


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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to get back acquired land

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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