Himachal Pradesh
Moorang, Kanam, Spilo, Aakp and Rarang village panchayat areas
,
Jangi
,
Kinnaur
Published :
Jul 2022
|
Updated :
September 10, 2024
Protests by Kinnauri tribes halt hydro electric project in Himachal Pradesh
Reported by
Vivek Gupta
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2021
Year started
296
Land area affected
Households affected
People Affected
2021
Year started
296
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2021 monsoon, Batseri and Neugal Sari areas of Kinnaur district, a notified tribal district of Himachal Pradesh, witnessed landslides in which several human lives were lost. The landslides had a spiralling impact on local tribal communities of Kinnaur who started a dedicated public campaign in August 2021, to oppose new hydro projects. They blamed these projects for destabilising their hills and triggering these landslides. The communities also viewed these projects as causing ecological changes in Kinnaur's cold desert region, and impacting their agricultural activities and livelihood.

In 2018, the 804 Megawatt Jangi-Thopan Hydro Electric project was awarded to the Satluj Jal Vidyut Nigam (SJVN), a public sector unit. The project is proposed on Satluj River near the village Jangi by creating a 157 feet (48 meter) high dam. As much as 143.2 hectare of forest land would be completely under water once this project is commissioned, revealed the project report.

However, the project was brought to a halt due to the protests in Kinnaur's Jangram valley, which began from 2021 onwards. The protests were led by the youth clubs of villages of six panchayats of Jangi, Moorang, Kanam, Spilo, Aakp and Rarang. As it is their forest and private lands on which the project has been proposed. Their campaign slogan 'No Means No' reflected their decisive refusal for the project. Their frequent protests forced the local administration to seek their feedback on an urgent basis through the gram sabhas of affected panchayats. 

The prior consent of villagers for implementing such projects is also mandated by section 41 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Panchayats (Extension to Scheduled Areas) Act, 1996 since Kinnaur falls under notified scheduled tribe area. The meeting for seeking this consent was fast tracked due to protest by villages. At the meeting, the village panchayats refused to give their consent to the project in April 2022.

Abid Hussain Sadiq, Deputy Commissioner, Kinnaur told LCW that none of the six affected panchayats was willing to give their no objection certificate for the project. “We have sent the factual report on the ground to the state government for necessary directions,” he said. A committee has been formed under the chief secretary of Himachal Pradesh to examine the report submitted by the DC Kinnaur.

Vikas Mahajan, general manager at SJVN confessed that the project could not take off due to resistance by villagers. "Even the preliminary technical investigation is pending, which is a first step for project’s execution. We are trying to dispel the misconception of villagers regarding this project," he said. "The project is likely to displace 175 households, for which a proper relocation and rehabilitation plan will be implemented," added Mahajan.

However, locals are not convinced. Jiya Lal of Himlok Jagriti Manch, one of the NGOs involved in the current anti-hydro project campaign, said that the problem is that their existence in the hills is in danger. He said there are several studies revealing that hydro projects weakened the hills and increased the frequency of landslides and flash floods. Besides, the diversion of river water dried up natural irrigation water channels and affected their agriculture production, the only source of living in the area. Locals also blame extreme weather events on these hydro projects too.  

In November 2023, the Himachal Pradesh State Cabinet cancelled the allotment of the Jangi Thopan Powari HEP to SJVNL, citing the company's failure to meet implementation deadlines.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Refusal to give up land for the project

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

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?

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 scrapped

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Data Unavailable

Source/Reference

Total investment involved (in Crores):

5708.35

Type of investment:

Cost of Project

Year of Estimation

2020

Page Number In Investment Document:

13

Has the Conflict Ended?

Yes

When did it end?

November/2023

Why did the conflict end?

In November 2023, the Himachal Pradesh State Cabinet cancelled the allotment of the project to SJVNL.

4
Additional Information

Government Departments Involved in the Conflict:

District Disaster Management Authority, Kinnaur, Forest Department, Government of Himachal Pradesh

PSUs Involved in the Conflict:

Satluj Jal Vidyut Nigam (SJVN)

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

NA

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Local tribes peoples, village youth clubs of all six panchayats

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
Vivek Gupta
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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Refusal to give up land for the project

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

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 scrapped

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Data Unavailable

Source/Reference

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