Uttarakhand
,
Joshimath
,
Chamoli
Published :
May 2023
|
Updated :
People protest to draw attention to land subsidence in Joshimath, demand rehabilitation and compensation
Reported by
Urvashi Mahtolia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
5000
Households affected
People affected
2023
Year started
Land area affected
5000
Households affected
People Affected
2023
Year started
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In January 2022, residents of Chamoli district led a protest march to draw attention to the cracks that had developed in several houses in Joshimath. They were protesting against the inadequate action by government authorities in taking necessary remedial steps to address the situation and providing rehabilitation to the affected people.

In January, Ms. Sati’s family in Joshimath woke up to a loud rumbling noise; moments later, it sounded like water had gushed in and flowed beneath their house at maximum strength. Later, their house was marked unsafe and demolished the same month. Local activists claimed that noticeable cracks had started developing in October 2021, after which they sent a memorandum to the Chief Minister (CM) of Uttarakhand.

Despite several reports, protests, and memorandums, road and dam construction work has continued in the area. While cracks subsequently occurred in more structures, the situation garnered attention amid widespread protests as the condition became alarming by the end of 2022, forcing the government to step in.

In 2021, post the Chamoli (Rishiganga) disaster that left over 200 people missing or dead, a PIL was filed in the High Court of Uttarakhand that sought revocation of the environmental and forest clearances granted to the Rishi Ganga and the Tapovan- Vishnugad hydroelectric project in view of the safety and stability of the area, in addition to other requests such as a ban on blasting and rehabilitation of affected communities. The court, however, dismissed the petition, calling it out as ‘highly motivated’ while also imposing costs on petitioners. 

In August 2022, Uttarakhand State Disaster Management Authority (USDMA) constituted a team of experts, including members from Central Building Research Institute (CBRI) Roorkee, IIT-Roorkee, Wadia Institute of Himalayan Geology (WIHG), and Geological Survey of India (GSI) to survey Joshimath amidst complains of subsidence and cracks. The team submitted its report in September 2022. The report found evidence of land subsidence and cracks in roads and houses. It also suggested regulating development, managing drainage, and monitoring the area. 

According to the seismic zone map of India, Uttarakhand lies in Zone IV and V. Joshimath lies in Zone V, a very high-risk zone, in addition to lying near the Main Central Thrust (MCT), making the already fragile geography of Joshimath very prone to sinking. Locals believe the construction work related to NTPC's Tapovan Vishnugad hydropower project, which they have been protesting since 2004, to be the primary cause that exacerbated the problem, given the fragile geology.
 
The NTPC has issued a statement denying its projects' role in the disaster through a press release. In January 2023, the National Disaster Management Authority (NDMA) issued a memorandum barring government institutions from sharing data or interacting with media on the issue. 

The construction of the Helang-Marwari bypass road being built by the Border Roads Organisation (BRO) is also believed to have worsened the problem as it involves blasting and drilling through the fragile area**. **

Despite the grim situation in Joshimath, in December 2022, CM Pushkar Singh Dhami, in a meeting with the Prime Minister, sought support for addressing the issue of 44 stalled HEPs in the state.
 
In February 2023, the Uttarakhand cabinet approved a special rehabilitation policy for the affected residents of Joshimath. The state government has announced provision of compensation for the loss of residential structures, and divided into compensation for commercial buildings into five slabs.

House owners have been provided three alternatives: affected people may accept compensation for losing land and residential structures. Or, they may opt for 75 sq meters of land and compensation for residential buildings. For house owners having land measuring more than 75 sq meters, compensation will be provided for additional land. Alternatively, they may also seek houses built by the government (houses built on 50 sq meters of land with a further 25 sq meters for animal sheds). The government is also constructing pre-fabricated shelters to rehabilitate affected families. While the state government has started distributing the compensation based on the rehabilitation policy, it is still awaiting reports from technical institutions to form a compensation package for land.

Mr. Vimal Dhondiyal from Joshimath told LCW that his home and hotel both had borne the brunt of subsidence. Like many others in Joshimath, he has shifted his children to Dehradun so that their schooling is not disrupted by the uncertainty in their everyday lives and livelihoods. Mr. Dhondiyal maintained that their compensation after deducting depreciation would not cover the actual loss. “We invest the profit from our hotel towards renovation every year; without these major renovations and improvements, our business doesn’t grow. It’s unlikely that this will be taken into account; the cost will be determined only based on the old structure, which will bear peanuts”, he told LCW.

All nine Joshimath wards have been declared unsafe and disaster-affected under the Disaster Management Act. According to official estimates, about 868 houses have developed cracks in Joshimath (as of February 8, 2023). However, activists allege discrepancies in survey reports and claim these numbers are significantly underreported. The Joshimath Bachao Sangharsh Samiti (JBSS) that has been leading the protests in the area has demanded that all 5000 families of Joshimath be rehabilitated, as they claim that the whole of Joshimath has been battling the crises. They also demanded that the land prices should be determined at the earliest.  

Mr. S.P. Namboori told LCW that they and several other residents have been living in fear; structures located as near as 8-10 meters away from his home have come under the grip of subsidence, becoming uninhabitable. “Monsoon is not even here yet, and look at how bad the situation is; can you even imagine what will happen in heavy rainfall? We can’t even sleep at night, dreading what may come next,” he told LCW.

Ms. Madhavi Sati, whose house was demolished after being marked as unsafe, has been living temporarily with neighbours and relatives. She shared a resonating concern as those seeking compensation, “the amount that the government is offering will not be enough to buy land or a house.” She told LCW that the government was providing ration and had offered to pay rent allowance for a few months, but it was challenging to live in such uncertainty. “It was better if they provided a job and stable source of income instead of this,” she told LCW. 

Locals have alleged red-tapism as they seek compensation; as a part of the process, they are required to collect No Objection Certificates from several banks, municipality certificates to determine the age of construction to calculate depreciation, clearances from electricity and water departments.

Locals who spoke with LCW squarely blamed NTPC’s work in the area for the rapid subsidence that began last year. A major demand of residents is that an efficient solution for fair compensation and rehabilitation should be reached at the earliest.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Conflict over construction of Vishnugad hydroelectric project

Region Classification

Urban

Type of Land

Common and Private

Forest and Non-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

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

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:

Uttarakhand State Disaster Management Authority USDMA, Nagar Palika Parishad Joshimath

PSUs Involved in the Conflict:

National Thermal Power Corporation Private Ltd. (NTPC)

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Residents of Joshimath, Joshimath Bachao Sangharsh Samiti

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
Urvashi Mahtolia

Urvashi graduated with a Master’s degree in Environment and Development from the School of Human Ecology, Ambedkar University Delhi, in 2021. She is currently working as a research consultant with the National Social Expertise team on an International Finance Corporation-funded project on Cumulative Impact Assessment of Renewable Energy Projects. She is an interdisciplinary researcher interested in land and forest governance and is keen to learn more about the domain of public policy and issues of displacement and resettlement.

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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for rehabilitation

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

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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