Gujarat
,
Olpad
,
Surat
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Locals oppose Kundiyana Solar PV Park project in Surat
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
3365
Households affected
15898
People Affected
2022
Year started
75
Land area affected
3365
Households affected
15898
People Affected
2022
Year started
75
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Several villages in Gujarat's Surat district protested against a 40MW solar power plant in Kundiyana village being built by the Gujarat State Electricity Corporation Limited (GSECL).

The state government proposed to build the plant on 75 hectares of "waste" land in Kundiyana and neighbouring villages at a cost of Rs 184 crore.

The primary concern of farmers was the obstruction of rainwater drainage from 42 villages through Ghoda Khadi. During the protest in July 2022, farmers from seven villages pointed out that the construction of walls on the project site would lead to water-logging and flooding during the monsoon and exacerbate the existing scarcity of fodder for livestock.

As the land along the sea coast is barren, the possibility of agriculture is negligible. So, the farmers earn their livelihood by rearing animals. The cattle of the three villages used to graze in the area demarcated for the project in Kundiyana, Khokiyana, Bhandut and Selut villages. If the solar project is implemented on the grazing land, the farmers fear that their cattle could starve to death. Kundiyana village alone has 700 herds to feed. 

Jignesh Patel, Sarpanch of Selut village, and Nanubhai Patel, Sarpanch of Kundiyana village, expressed their determination to continue the protest until the project was relocated.

"If this plant is constructed on this vacant 75 hectares of land, as many as 42 villages will be affected by rainwater in the monsoon," Jignesh told the Bhaskar.

Nanubhai Patel added, "We will get justice at any cost. The farmers and herdsmen of Kundiyana village will be devastated by the solar project, and the crops will get flooded due to non-disposal of rainwater."

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land), Non-Forest (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

Water bodies, Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

184.32

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?

Author
Reported by
Suchak Patel

Gujarat

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Locals oppose Kundiyana Solar PV Park project in Surat

Reported by

Suchak Patel

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

July 28, 2024

July 29, 2024

Edited on

July 28, 2024

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2022

Land Area Affected (in Hectares)

75

ha

Households Affected by Conflict

3365

People Affected by Conflict

15898

State

Gujarat

Sector

Power

People Affected by Conflict

15898

Households Affected by Conflict

3365

Land Area Affected (in Hectares)

75

ha

Starting Year

2022

Location of Conflict

Olpad

Surat

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

Several villages in Gujarat's Surat district protested against a 40MW solar power plant in Kundiyana village being built by the Gujarat State Electricity Corporation Limited (GSECL).

The state government proposed to build the plant on 75 hectares of "waste" land in Kundiyana and neighbouring villages at a cost of Rs 184 crore.

The primary concern of farmers was the obstruction of rainwater drainage from 42 villages through Ghoda Khadi. During the protest in July 2022, farmers from seven villages pointed out that the construction of walls on the project site would lead to water-logging and flooding during the monsoon and exacerbate the existing scarcity of fodder for livestock.

As the land along the sea coast is barren, the possibility of agriculture is negligible. So, the farmers earn their livelihood by rearing animals. The cattle of the three villages used to graze in the area demarcated for the project in Kundiyana, Khokiyana, Bhandut and Selut villages. If the solar project is implemented on the grazing land, the farmers fear that their cattle could starve to death. Kundiyana village alone has 700 herds to feed. 

Jignesh Patel, Sarpanch of Selut village, and Nanubhai Patel, Sarpanch of Kundiyana village, expressed their determination to continue the protest until the project was relocated.

"If this plant is constructed on this vacant 75 hectares of land, as many as 42 villages will be affected by rainwater in the monsoon," Jignesh told the Bhaskar.

Nanubhai Patel added, "We will get justice at any cost. The farmers and herdsmen of Kundiyana village will be devastated by the solar project, and the crops will get flooded due to non-disposal of rainwater."

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Non-Forest (Other than Grazing Land), Non-Forest (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?

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

Water bodies, Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

184.32

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Gujarat Renewable Energy Policy, 2023
Para 9 [Solar projects can be set up either on government revenue land or on private land.] Para 28 [Renewable energy projects may be set up on private land, or government waste land allotted by the revenue department/ state nodal agency. Allocation of government waste land to be made on optimum utilization of the entire land parcel.]
Central Ground Water Authority Guidelines for issuance of No Objection Certificate (NOC) for ground water withdrawal
Section 3.1.2 [Conditions stipulated for NOC for groundwater withdrawal for mining projects. NOC not to be granted for extraction of groundwater for construction activities in critical/over exploited areas]
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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.

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:

Non-consultation with stakeholders

Violation of environmental laws

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Gujarat State Electricity Corporation Limited; Gujarat Energy Transmission Corporation Limited

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

SCC Infrastructure Private Limited

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

No items found.

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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