Madhya Pradesh
Gatwaya, Lakhangawan, Hamagar, Chak Kamalpur, Mauakheda, Arjungawan, Mamoni, Dongar and Chak Dongar
,
Balarpur
,
Shivpuri
Published :
Jul 2017
|
Updated :
Sahariya Adivasis Forced to Relocate from Madhav National Park in MP's Shivpuri
Reported by
Arpit Deshmukh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
5045
People affected
2000
Year started
30
Land area affected
Households affected
5045
People Affected
2000
Year started
30
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

As part of the wildlife corridor project in Madhav National Park, 10 villages consisting of 100 families in Shivpuri district, namely Balarpur, Gatwaya, Lakhangawan, Hamagar, Chak Kamalpur, Mauakheda, Arjungawan, Mamoni, Dongar and Chak Dongar, were displaced. The village population majorly comprises the Sahariya tribe, which has been notified as a Particularly Vulnerable Tribal Group by the Centre. At the start of 2000, these 100 families, along with Gurjars and other adivasis were relocated to another area called Naya Balarpur. Of these 61 families were allocated two hectares of land each, but the remaining 39 families did not receive their share of land and were asked by the revenue department to adjust in the same area as the 61 families until the authorities could work out a solution. The families claimed that they were neither duly informed nor did they consent to their relocation; their forest rights also remained unsettled. They further asserted that many were coerced into leaving despite their resistance. They alleged that the forest department deprived them of basic facilities like electricity and roads and even confiscated their cattle when found grazing, which they later released over payment of a fine. The forest department also allegedly did not allow the tribes to collect firewood or use other forest produce in the new. This has left them in abject poverty. According to a report, more than 60 people have died due to tuberculosis and other respiratory diseases. In 2016, the Madhya Pradesh Human Rights commission (MPHRC) sought information on allotment of land to the remaining 39 families. The National Park authorities replied to the MPHRC that the families will be given lands of their own accord. However, the allotment process was later stalled when the authorities noticed that all the 100 families were allotted land on protected forest instead of revenue land. The state then sought the lands denotification from the Centre as forest land. The clearance is still pending. In January 2020, the state declared the 39 displaced families ineligible for compensation and rehabilitation. This came in apparent contradiction to a letter issued by the Ministry of Environment, Forests and Climate Change back in 2000 mentioning that 102 families of Balarpur tribal village – two families had not shifted to the new settlement but moved elsewhere – should be allotted two hectares of land each.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

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):

Type of investment:

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:

Forest Department

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Zenith Legal Services Clinic

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
Arpit Deshmukh
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Complaint against procedural violations

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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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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