Gujarat
,
Mithivirdi
,
Bhavnagar
Published :
Sep 2016
|
Updated :
Mithivirdi Nuclear Plant Shifted Out of Gujarat Following Protests, Delay in Land Acquisition
Reported by
Surabhi Bhandari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
4000
People affected
2007
Year started
777
Land area affected
Households affected
4000
People Affected
2007
Year started
777
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Nuclear Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Nuclear Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The residents of Mithivirdi and other villages in Gujarat's Bhavnagar district had been opposing a 6,000megawatt nuclear power plant in their area as the plant requires surrender of agricultural and common land. Signed in 2007 by the Gujarat government, Nuclear Power Corporation of India Limited and Toshiba Corp's Westinghouse Electric Company at the Vibrant Gujarat Summit, the project was considered a big boost to the economic and strategic relationship between India and the United States. The indoJapan nuclear deal and the understanding on nuclear liability issues during Former US President Barack Obama's visit in 2015 are said to have paved the way for the US firm to commit to India. The village residents, however, were not convinced about the benefits of the power plant and refused to part with their land, which has been very fertile and gives high yields. One of the residents said, "I easily make INR 78 lakh every year with very less input cost because of the high fertility of the land. It gives everything to me and my family to lead a happy life. Out of the 777 hectares required for the six nuclear reactors of US firm Westinghouse, a total of 670 hectares are agricultural land (producing both Kharif and Rabi crops), five hectares are forestland (commons) and the remaining land includes wasteland, forest, scrub land and water bodies. In March 2013, residents of five villagers to be affected by the project walked out of the public hearing organised for it. They contended that the Environmental Impact Assessment (EIA) report was flawed and invalid because it was prepared by a consultant (Engineers India Limited) that was not accredited to do it. It did not have a rehabilitation and resettlement plan for the affected people. They further argued that since, as villagers, they are not knowledgeable or articulate enough, experts and nonprofit organisations should be allowed to speak on their behalf. When the collector refused to allow this, they staged a walkout. The authorities declared the conclusion of the public hearing and refused to organise it again to hear the villagers out. The villagers also approached the National Green Tribunal (NGT) challenging the coastal regulatory zone clearance given to the project. In January 2015, the heads of four villages in Bhavnagar district wrote an open letter to Obama and Prime Minister Narendra Modi calling for a public discussion and debate. Stating their claims and concerns, they had also emphasised the environment ministry's criticism of the EIA report and its order to revise and resubmit it. In 2016, discussions to shift the project to Andhra Pradesh started and in 2018, after a decade, the environment ministry informed the NGT of its decision to shift the proposed plant from the coastal district of Gujarat to Kavvada in Andhra Pradesh on account of delay in land acquisition at ChhayaMithivirdi site. Our protests and arguments were backed by academic and scientific facts. We fought a wellorganised battle to get rid of this project, said Rohit Prajapati, a petitioner.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-Forest, 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

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

50000

Type of investment:

Investment Expected

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Government of Gujarat

PSUs Involved in the Conflict:

Nuclear Power Corporation of India Ltd (NPCIL)

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Westinghouse Electric Corporation, Toshiba Corp, Engineers India Limited

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
Surabhi Bhandari
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Refusal to give up land for the project

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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