Maharashtra
,
Melghat
,
Amravati
Published :
Sep 2016
|
Updated :
Akola-Khandwa Railway Line Threat to Melghat Tiger Reserve in Maharashtra, Awaits Clearance
Reported by
Prerna Chaurashe
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
3000
People affected
2016
Year started
161
Land area affected
Households affected
3000
People Affected
2016
Year started
161
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2016, Railway Minister Suresh Prabhu and Environment Minister Prakash Javadekar proposed a plan to upgrade the AkolaKhandwa railway line passing through Melghat Tiger Reserve. The Indian Railways finalised the upgradation of 174 kilometres of the Akola Khandwa railway meter gauge section at an estimated cost of INR 1,454 crore, which was later revised to INR 2,000 crore in 2019. Of the total gauge line between Akola in Maharashtra and Khandwa in Madhya Pradesh, 39 kilometres pass through the core and buffer zones of Melghat Tiger Reserve in Amravati district. In December 2017, the environment ministry asked the railways to apply for forest clearance saying "they would need to apply for forest clearance even if they owned the land, since fresh forestland was to be diverted". The project soon came under the scanner of environmentalists and activists, who criticised the project for its ignorance and negligence to the tiger reserve. In 2018, a Nagpur citizen filed a petition against the project. He contended that the tiger reserve provides a passage to tigers to pass to other habitats, and if a broadgauge conversion was allowed, it would risk the animals being run over by trains. He also pointed out that the converted railway line, which would pass through the buffer zone, would be a violation of the Forest (Conservation) Act and Wild Life Protection Act and, therefore, the project should be declared illegal. The National Tiger Conservation Authority published a report in which it had advised the Indian Railways to look for an alternative route for the line. But the report mentioned that the Railways was not keen to construct an alternate route as it would be longer and would lead to an additional cost of INR 556 crore. In late 2018, the approval for the project was challenged before a Central Empowered Committee constituted by the Supreme Court, which asked the National Board of Wildlife (NBWL) to review the projects clearance given its impact on a tiger reserve. In February 2019, it was reported that activists claimed victory after the standing committee of the National Board for Wildlife rejected the proposal to upgrade the meter gauge. The NBWL is the highest decisionmaking body of the environment ministry on projects related to national parks, sanctuaries and tiger reserves. In July 2019, the state government put the project on hold following its rejection by the NBWL. However, the Railways have reportedly cited that the meter gauge line has existed inside the tiger reserve since before 1980 and should not need additional forest clearance for other projects. Based on a report in June 2020, the railway line from Akola to Akot station has been constructed. Currently, the railway ministry is awaiting the approval of the Supreme Court and the environment ministry.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

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?

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):

2000

Type of investment:

Revised Investment

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:

State Board for Wildlife

PSUs Involved in the Conflict:

South Central Railway (SCR) - Indian Railways

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:

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

Opposition against environmental degradation

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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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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