Families who were affected by the Mandal Dam project in Garhwa district are outraged over the state government's plan to resume construction work on the dam. The dam work on the North Koel river was started in 1972 but was halted over various reasons, such as protests, flooding due to the project and environmental concerns, among others. The project was also likely to submerge over 1,000 acres of forestland, including area under the Palamu Tiger Reserve.
In 2015, the Ministry of Environment, Forests and Climate Change announced that the reconstruction of the project will be completed, and in January 2019, Prime Minister Narendra Modi laid the foundation stone. But six years later, the work is yet to restart. While some of the dam-displaced families have outrightly opposed the project, others have demanded proper rehabilitation.
On August 8, 1997, the sluice gate of the incomplete dam was opened without warning allegedly to drive away protesters. Reportedly, 32 nearby villages were submerged overnight in the resulting flood while 21 people died. Many lost their properties and livestock.
On August 16, 1997, enraged over the deaths, a group of Maoists reportedly killed the dam's engineer, Baijnath Mishra. By the year end, nearly 90 per cent of the dam's work was complete.
Nearly half of the 1,000 square kilometre Palamu Tiger Reserve is expected to be submerged by the dam. The government is planning to build an embankment to prevent this. On the other hand, the project will help irrigate 124,270 hectares of agricultural land in Bihar and Jharkhand. However, most of the benefits would be available to Aurangabad district in Bihar, which will receive water for 111,800 hectares of parched agricultural land.
On March 21, 2017, a team appointed by the Union government, comprising officials from the Central Water Commission and North Koel Irrigation Project, visited the incomplete dam. Punit Minz, coordinator of Khan Khanij Sangh, said that the government is trying to rake up old issues which is akin to rubbing salt over the wounds of the tribespeople. He warned of an agitation if construction work of the dam is restarted.
In 2022, Palamu MP BD Ram stated that a lump sum special compensation has been arranged for the people of the area submerged by this dam. He added that the construction work will start soon.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Demand for better access to common land/resources
Refusal to give up land for the project
Complaint against procedural violations
Demand for rehabilitation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled
Original Project Deadline
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Agricultural land, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://caravanmagazine.in/environment/jharkhand-mandal-dam-adivasi-protest> <https://timesofindia.indiatimes.com/city/ranchi/three-years-on-mandal-dam-project-makes-no-headway/articleshow/88939741.cms>
Total investment involved (in Crores):
₹
792
Type of investment:
Investment Made
Year of Estimation
1972
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Environmental Laws, Other
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:
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Non-implementation/violation of FRA
Violation of environmental laws
Non-implementation/violation of PESA
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jharkhand
Case Number
W.P.(PIL) No. 1615 of 2013
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Killing
Whether criminal law was used against protestors:
Reported Details of the Violation:
At least 21 tribal people were drowned due to an alleged deliberate opening of floodgates of the dam. In retaliation, a group of Maoists reportedly killed the dam's engineer, Baijnath Mishra.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Water Resources Department; Ministry of Environment, Forest and Climate Change
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Khan Khanij Sangh, Bindrai Institute for Research Study and Action, Coordination of Democratic Rights Organisations
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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