Tamil Nadu
Naganenthal, Valamavoor, Thiruppalaikudi, Morepannai
,
Uppur
,
Ramanathapuram
Published :
Mar 2020
|
Updated :
Madras HC Stays Construction of Uppur Thermal Plant Citing Defunct Land Laws
Reported by
Land Conflict Watch
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2014
Year started
369
Land area affected
Households affected
People Affected
2014
Year started
369
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

A super critical coal thermal power plant, with a capacity of 1,600 megawatt, was proposed in Ramanathapuram district in 2011 by the Tamil Nadu Generation and Distribution Corporation (TANGEDCO). The plant was approved by the state the same year. While TANGEDCO is the executing agency, it has contracted Bharat Heavy Electricals Limited for the Boiler, Turbine and Generators project; Larsen and Toubro for the sea water intake and outfall project; and Reliance Infrastructure to implement the remaining project activities. The plant construction demands acquisition of agricultural and coastal land and proposes to draw sea water through an eight-kilometre pipeline, which would act as a coolant for the thermal unit. In 2014, public consultation for the proposed project was held, in which individuals and members of various organisations, including the Coastal Action Network, an advocacy and research foundation, expressed their opposition to the construction of the power plant, citing potential damage to agricultural lands, fishing hamlets, mangrove forests and marine life in the Gulf of Mannar biosphere reserve. They say land acquisition for the project will affect the livelihoods of both farmers and fisherfolk.
The project received clearance from the Ministry of Environment, Forest and Climate Change in May 2016 and construction began in July that year. Community collectives - Anti-Uppur Thermal Power Station Struggle Committee and Anaithu Vivasayigal Paadhukappu Nala Sangam - protested to stall the construction. The Madurai bench of the Madras High Court issued a stay order on the construction of the plant, citing that land for the project was acquired using defunct land laws and not according to the Land Acquisition, Rehabilitation and Resettlement Act of 2013. However, despite the stay order, in the beginning of 2018, a 1.25-kilometre stretch of the proposed pipeline was constructed, which led to further protests** **by the fishing community in June 2018. Land Conflict Watch got in touch with a member of the Ramanathapuram district fishing community workers union group (a unifying body for all the 119 fishing villages in the district) and with an environmentalist from Poovulagin Nanbargal, an environmental organisation, to gather insights about the ground situation. At present, project activities have been temporarily suspended following the stay order. TANGEDCO has appealed to the Supreme Court to consider the land acquired for the project as legal as construction has already started. The project completion date has now been revised to December 2020.

2
Fact Sheet

Demand/Contention of the Affected Community

No items found.

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):

12655

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:

Tamil Nadu Generation and Distribution Corporation Limited, Bharat Heavy Electricals 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:

Reliance Infrastructure, Larsen and Toubro

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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Fact sheet

Demand/Contention of the Affected Community

No items found.

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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