Jharkhand
Keredari
,
Barkagaon
,
Hazaribagh
Published :
Sep 2019
|
Updated :
NTPC Violates FRA in Jharkhand by Starting Coal Mining in Pakri Barwadih
Reported by
Nupur Sonar
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
41976
People affected
2004
Year started
1636
ha.
Land area affected
Households affected
41976
People Affected
2004
Year started
1636
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Coal Mining
1
Summary

Protests against the loss of fertile, multicrop land have raged on in Barkagaon block in Hazaribagh district since 2004, when the Pakri Barwadih coal block was allocated to the National Thermal Power Corporation (NTPC). The main site is located on forestland and private agricultural land spread across 23 villages. The affected families have protested against nonconsultation with them while acquiring land for the project. The land acquisition took place under the Coal Bearing Areas (Acquisition and Development) Act, 1957. This Act contains no provision to consult affected communities or seek free, prior and informed consent of the affected people.  In 2009, NTPC had applied for forest clearance to mine 1.026 hectares of forestland. Aruna Chandrasekhar, senior researcher at Amnesty International India, said, "NTPCs mine received clearance to use forestland without adequate consultation with communities who depend on these forests for their livelihoods. However, NTPC's application for forest clearance shows letters of consent from 17 villages by the forest rights committees. These committees are not representative bodies and their approval cannot substitute for Gram Sabha approval. When Amnesty International approached NTPC for response on the allegations, the company said, "Forest clearance has been granted by the environment ministry after the compliance of all provisions under the Forest Conservation Act, 1980.  Similarly, private land was mainly acquired under the Coal Bearing Areas Acquisition and Development Act, 1957, and some under the Land Acquisition Act, 2013, for building company offices and rehabilitation colonies. Both the Acts do not ask for consent of community in cases of coal bearing areas. In November 2013, the people from the villages led a 'coal satyagraha' in which they decided to dig out coal deposits beneath their lands on their own. They planned to sell the coal to traders and pay royalty to the Gram Sabha, suggesting it as an alternative model of mining in the region. In August 2015, protests against the coal mining turned violent when farmers confronted the police officials and the latter responded with tear gas shells and shot 22 rounds of bullets into the crowd. The affected families refused to accept the compensation offered by NTPC, which revised the rate to INR 20 lakh per acre from INR 7 lakh per acre. The villagers maintained that it was inadequate and continued to demand four times the market value of land under the Land Acquisition Act, 2013. In September 2019, Virendra Kumar, an activist from Jharkhand, said in a news report, Post 2016, the coal mining plant has been functional and is expanding at the cost of the lives and livelihoods of tribespeople and the environment. The latest attack (in September 2019) from the firm has been the forcible demolition of over 10 houses in Jugra (one of the affected village in Hazaribagh district) for the creation of heavy duty conveyor belts.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Other Demand/Contention of the Affected Community

Breach of consent

Region Classification

Rural

Type of Land

Both

Forest and Non-Forest, Non-Forest (Grazing Land), Non-Forest (Other than 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):

33000

Type of investment:

Investment Made

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:

Goverment of Jharkhand

PSUs Involved in the Conflict:

National Thermal Power Corporation Limited

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Thriveni Sainik Mining Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Karanpura Bachao Sangharsh Samiti, Janmabhoomi Raksha Sangharsh Samiti, Buddhijeevi Manch, 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
Nupur Sonar

Nupur Sonar is keen on issues surrounding land rights. She has formerly worked at Tehelka, Video Volunteers and VICE India.

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Fact sheet

Demand/Contention of the Affected Community

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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