Maharashtra
Thane
,
Dahanu
,
Palghar
Published :
Sep 2016
|
Updated :
Delhi-Mumbai Freight Corridor Hits Roadblock as Tribal Communities in Dahanu Oppose Project
Reported by
Prerna Chaurashe
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2016
Year started
58
Land area affected
Households affected
People Affected
2016
Year started
58
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In 2006, the Government of India had proposed the development of a Dedicated Freight Corridor (DFC) between Delhi and Mumbai, covering a total length of 1,483 kilometres, passing through six states in the north and west of the country. The corridor is a part of the Delhi Mumbai Industrial Corridor (DMIC), which is a USD $90 billion megainfrastructure project, with Japan being the major investor. The proposed DFC will cross more than 58 hectares of forestland, cutting through the Sanjay Gandhi National Park in Borivali, Thane forest division and Dahanu forest division. Conservationists and tribal communities living in Thane, Dahanu and Palghar have opposed the project fearing risk to their livelihood. Vinod Dumada from the Adivasi Ekta Parishad says that the project is being undertaken at the cost of tribal life and that local tribal families will lose their land and livelihood due to development. In 2017, 24 organisations from Gujarat and Maharashtra wrote to the Prime Minister's Office about the impact on the "physical, social and cultural upheaval of communities that live in relative symbiosis with nature". They also questioned the violation of the Panchayats (Extension to Scheduled Areas) Act by ignoring Gram Sabha (Village Assembly) resolutions. In the past, when authorities arrived for land surveys, the communities blocked them from entering the land. Meanwhile, the DMIC, which will run parallel to the DFC, has also faced consistent opposition. In Raigad district in 2015, the Farmers Anticorridor Struggle Action Committee, an outfit of peasants from 78 villages in Raigad, submitted a memorandum to then Chief Minister Prithviraj Chavan and demanded a halt to the land acquisition until the LARR Act, 2013, came into force. According to a Japan International Cooperation Agency report, the land acquisition for the project is to be done under the Railways (Amendment) Act, 2008. The report notes that the Railways Act is limited compared to the LARR Act, 2013, while dealing with land and rehabilitation and resettlement issues. This has led to opposition from farmers who had different expectations of compensation from the project. During the COVID19 lockdown in 2020, the Railways expedited the process of of constructing and acquiring land. The project has been delayed with the deadline being shifted from December 2021 to June 2022.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for more compensation than promised

Other Demand/Contention of the Affected Community

Region Classification

Urban

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?

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):

81000

Type of investment:

Cost of Project

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:

Department of Industrial Policy & Promotion, Ministry of Railways

PSUs Involved in the Conflict:

Dedicated Freight Corridor Corporation of India Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Japan International Cooporation Agency

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Bombay National History Society, Farmers’ Anti-corridor Struggle Action Committee, Adivasi Ekta Parishad

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

Refusal to give up land for the project

Demand for more compensation than promised

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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