POSCO (Pohang Steel Company of South Korea) signed a memorandum of understanding with the Odisha government on June 22, 2005, to construct a $12-billion integrated steel plant in Jagatsinghpur district. The project site required some 4,000 acres of land, of which 2,700 acres was forestland. Soon after, people started protesting against the proposed plant as several thousand families (estimated to be around 50,000) were at risk of being displaced and/or facing a loss of their livelihoods.
The local communities asserted their forest rights under FRA, 2006 over the land that they have traditionally used for the cultivation of betel vines, paddy and vegetables. The struggle to halt the project lasted for twelve years. Facing stiff resistance from the local communities and failing to get an unimpeachable environmental clearance, POSCO finally withdrew from the project in 2016.
However, the people whose land had been acquired are yet to get it back. The Land Acquisition, Rehabilitation and Resettlement Act, 2013, mandates that land acquired for a project that remains unused for five years should be returned to the landowners. In addition to demanding the return of their cultivable land, the people are also demanding that the government urgently process individual and community forest rights claims that have been pending since 2011.
In the midst of all this, the Odisha government is facilitating the transfer of the acquired land to Jindal Steel Works for another mega project. A public hearing was organized on 20th December, 2019, which has been denounced as a "farce" by the villagers as the project affected people did not participate in the said meeting. The village council (palli sabha) of Dhinkia village passed a resolution against the project with other villages to soon follow suit.
Mr. Sankar Prasad Pani, an advocate based out of Orissa informed LCW in 2021, that pursuant to the resolution passed by the Dhinkia village and others, the Ministry of Forest, Environment and Climate Change (MoEF) issued a letter to the State Pollution Control Board of Odisha to examine the issues raised. Further, there are pending environmental clearances and project is yet to undergo a full appraisal by MoEF. It was reported that on March 3 and 4, 2021, the Expert Appraisal Committee (EAC) for the projects related to infrastructure development of the Union Ministry of Environment, Forests and Climate Change (MoEF & CC), criticised the Environment Impact Assessment/Environment Management Plan (EIA/EMP) for the project and requested more information, including a revised environmental baseline study-looking at what information must be analysed to establish a benchmark against which future progress for the project can be made- impact mitigation plan and details of financial allocation.
In April 2022, environmental clearance (EC) was granted to Jindal Steel Works mega steel project. Prafulla Samantara, a rights activist based in Odisha, had challenged the validity of this EC in the National Green Tribunal (NGT). The challenge was filed on the ground that the project would cause environmental degradation by polluting the river Mahanadi, which acts as a source of water for residents of the area.
A year later, in March 2023, the NGT suspended the EC granted to the project for three months.
Demand/Contention of the Affected Community
Demand to get back acquired land
Demand for legal recognition of land rights
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Scrapping of steel project
Region Classification
Rural
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
https://qz.com/india/1813178/after-koreas-posco-odisha-village-resists-jindal-steel-project/
Total investment involved (in Crores):
₹
50000
Type of investment:
Investment Expected
Year of Estimation
2005
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, Environmental Laws
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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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:
Non-implementation/violation of FRA
Non-implementation/violation of LARR Act
Lack of legal protection over land rights
Violation of environmental laws
Controversial land acquisition by the government
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Odisha Human Rights Commission
Name(s) of the Court(s)
National Green Tribunal
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Arrest/detention/imprisonment
Judicial harassment
Blackmail/threats/intimidation
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Police lathicharged thousands of people who had gathered to inspect their plantations. At least 30 were injured, including women and children. In the past, the police have reportedly levelled fake charges against protesters and arrested them, and they are reportedly making door-to-door visits to arrest protesters, forcing many to go into hiding. JSW's musclemen have also allegedly threatened people.
Date of Violation
January 14, 2022
Location of Violation
Dhinkia village, Jagatsinghpur district
Government Departments Involved in the Conflict:
Government of Odisha, Industrial Infrastructure Development Corporation
PSUs Involved in the Conflict:
Odisha Industrial Infrastructure Development Corporation
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Jindal Group
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Landowners
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?
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