The Lower Penganga project is a joint inter-state project between Maharashtra and Andhra Pradesh (now Telangana) to build a multipurpose dam on River Penganga (a tributary of Godavari). An MoU was signed in 1978, which proposed to build a dam near Tadsaoli village in Ghatanji Tehsil of Yavatmal District to irrigate a massive 2,18,129 ha of land. It has failed to take off even after two decades of its inception. The Vidarbha Irrigation Development Corporation (VIDC), managing the project, has been in limelight for corruption and controversies due to an increase in the project cost by over 7-fold in just 10 years. The project will submerge 14,657 ha of land from 95 villages from Yavatmal and Nanded district. The number of Project Affected villages is 46 out of which 32 villages will be fully affected and 14 villages will be partially affected.
There has been a decade-long struggle of the affected people, mostly the Kolam tribals, who have refused to part with both the private and the forestland that they use as commons. They argue that their land is very fertile and they have community rights over the forests. The residents had even filed Forest Rights claims under the Forest Rights Act but the authorities have not accepted them. The government has given an affidavit in the court that people don't have any forest rights claims in the area.
In 2013, the Lower Penganga Dharan Virodhi Samiti filed a case in the National Green Tribunal. The Environment Clearance for the project was given in 2007. However, work could not commence within the stated period of five years as per Environmental clearance. Earlier, the competent authority had refused the Forest Clearance, yet the MoEF in 2009 granted permission to divert forest land to the extent of 1089.06 ha for non-forest purpose. The case challenged the Environmental Clearance and Forest Clearance, on various grounds, including procedural irregularities, viability of the project, absence of proper rehabilitation and resettlement plan, threat to environment due to large number of trees cutting, etc.
In 2014, the Tribunal issued a judgement stating that the project was based on Sustainable development, as required under the Environmental norms. The petition lacked the substance to oppose the project. However, the NGT asked the responding authority to follow SC guidelines set in the Narmada Bachao Andolan Case to ensure compliance with certain conditions like implementation of rehabilitation package.
In 2018, it was reported that even after 2 decades, the work on the Lower Penganga project is at the primary stage. The VIDC has stated that the work will take another 25 years to complete, once it begins. Land for the project could not be acquired due to stiff opposition from the locals. In 2019, the VIDC extended the deadline for completion of project to 2044 due to fund crunch.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand for legal recognition of land rights
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?
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):
₹
10500
Type of investment:
Cost of Project
Year of Estimation
2015
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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:
Non-implementation/violation of FRA
Controversial land acquisition by the government
Non-implementation/violation of PESA
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal Western Bench (Pune)
Case Number
Application No. 13/2013
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:
Irrigation Department, Revenue Department, Forest Department
PSUs Involved in the Conflict:
Vidharbha Irrigation development Corporation
Did LCW Approach Government Authorities for Comments?
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:
Kolam, Andh, Gond tribal communities
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?
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