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.
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?
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
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, Land Acquisition 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.
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:
Incorrect estimation of compensation
Controversial land acquisition by the government
Non-implementation/violation of FRA
Violation of free prior informed consent
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Killing
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
A protest in August 2015, led by local politician Nirmala Devi, outside the rehabilitation colony turned violent. Six persons were injured when the police resorted to tear gas and opened fire on the crowd, including a journalist. On October 1, 2016, another protest in Pakri Barwadih village turned violent, where four protesters were killed and several were injured in police firing. According to activists working in the area, several false cases have been filed against those who have opposed the project. In September 2019, NTPC demolished over 10 houses in Jugra for the creation of heavy duty conveyor belts.
Date of Violation
Location of Violation
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
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?
Nupur Sonar is keen on issues surrounding land rights. She has formerly worked at Tehelka, Video Volunteers and VICE India.
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