Rajasthan
,
Talabgaon
,
Kota
Published :
Sep 2018
|
Updated :
Rajasthan Forest Officials Demolish Houses, Shops in Talabgaon in Kota District
Reported by
Ashish Gaur
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
12000
People affected
1994
Year started
15
Land area affected
Households affected
12000
People Affected
1994
Year started
15
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On August 18, 2018, forest officials in Rajasthan demolished nearly a dozen houses and seven shops in Talabgaon in Kota district's Anantapur city allegedly without issuing prior notice. While the officials claim that the land comes under the category of forest land and belongs to the state, the residents refuse to evacuate, claiming ownership of the land as they have been living there for many years, in addition to demanding regularization of their locality. Spread across 15 hectares, Talabgaon is home to nearly 2,500 families who had settled there 50 years ago. Most of the residents have voter ID cards and water/electricity connection. In the last 20 years, many of them have constructed concrete houses and opened shops in the area. According to Ashok Kumar Jhalani, vice president of Anantapura Hitkari Society, a local organization fighting for the rights of the residents there, the land was not categorized as forestland prior to 1994. He claims that a few officials from the district administration ordered a land survey in 1994, following which the land came under the jurisdiction of the revenue department. Jhalani alleges that forest and police officials have been extorting money from the residents from time to time to allow them to continue living on that land all these years. But now when people are gradually refusing to grease the palms of the officers, the latter resorted to drastic steps, such as demolition of houses and shops. Following the demolition, councillor Razia Pathan, along with other local groups fighting for the rights of the residents, submitted a memorandum to the district collector, demanding regularization of the land and action against the officials who had ordered the demolition. Action on the memorandum is awaited.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

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

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:

Kota District Administration , Rajasthan Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

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
Ashish Gaur
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

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

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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