Uttar Pradesh
,
Burogaon
,
Lalitpur
Published :
Apr 2017
|
Updated :
People Allege Bajaj Power Plant not fulfilling Promises After Taking Land
Reported by
Pushpendra Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
833
Households affected
People affected
2011
Year started
648
Land area affected
833
Households affected
People Affected
2011
Year started
648
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Lalitpur Power Generation Co Ltd (LPGCL), run by Bajaj group, had signed an agreement with the Uttar Pradesh government in 2010 to set up 1980 MegaWatt (3 units of 660 MW each) super-critical thermal power plant in Lalitpur district between the rivers Sajnam and Utari. According to the local farmer groups, land acquisition for this project was done in an arbitrary manner (see the attached news article from Divya Sandesh). More than 1000 acres of land was acquired by showing it barren in the papers, but in reality, the acquired land falls on the part of the land irrigated by Sajnam and Utari tributaries.
The farmers demanded that the youth of the villages should be provided jobs and a 24 hour electricity supply should be given to villagers. They also demanded that Bajaj group should give 300 crore to the development of village as well as water from the dams of lalitpur wont be used for the project. Their main contention is that the authorities hadn't fulfilled any of the promises related to payment of compensation, jobs or electricity to village residents. Many families are still awaiting for their compensation.
The project came up before the National Green Tribunal (NGT) in 2015, when a petition was filed against the plant for unlawfully drawing the water from the Dam on which thousands of farmers depend for irrigation. Allegations in the application are that the LPGCL is using fresh water in excess of the permitted limit, not monitoring ambient air quality, not carrying out wastewater treatment and is violating green belt plantation requirement around the plant. Report submitted by a joint committee pointed out deficiencies related to fly ash disposal, handling hazardous waste, control of fugitive emissions, adequate tree plantation.
NGT ordered an inquiry into the matter. In 2019, NGT directed the industry to take remedial measures after drawing up an action plan for mitigation, especially ensure use of of latest technology instead of electro-static precipitators (ESP) for control of stack emissions. The NGT asked the Joint Committee to examine the action plan and oversee the remedial action and assess the amount of compensation to be recovered on account of harm to the environment for the violations caused during the period of default.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Complaint against procedural violations

Demand for rehabilitation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

17000

Type of investment:

Cost of Project

Year of Estimation

2010

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

May, 2019

Why did the conflict end?

Conflict ended due to any other reason

An organization called Action for Vigilance and Knowledge for Empowerment petitioned in the court against environmental degradation. The NGT in 2019 directed the industry to take remedial measures after drawing up an action plan for mitigation

4
Additional Information

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Lalit Power Generation Corporation (owned by Bajaj Group)

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Village Residents

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
Pushpendra Singh


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Fact sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Complaint against procedural violations

Demand for rehabilitation

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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

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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