Rajasthan
,
Shivkar
,
Barmer
Published :
Mar 2019
|
Updated :
Rajasthan Government Yet to Denotify Land Acquisition for Scrapped Power Plant in Barmer
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
4000
People affected
2007
Year started
1855
Land area affected
Households affected
4000
People Affected
2007
Year started
1855
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Thermal Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2007, the Rajasthan government had planned a lignitebased thermal power plant in Shivkar village in Barmer district and reserved 1, acres of land for lignite mining. Despite numerous protest demonstrations by the project affected people, the state authorities continued with the land acquisition. In 2012, a public hearing was called to receive feedback from villagers on the land acquisition. At the hearing, the villagers/farmers reiterated that they would only give up their land under the provisions proposed in the new Land Acquisition Bill, later enacted as the Land Acquisition Act, 2013. However, in January 2014, the government again issued notices to the farmers for land acquisition under the Land Acquisition Act, 1894. The farmers then filed a petition at the Rajasthan High Court, which directed the government to acquire the land under the new Land Acquisition Act, 2013. But, in a sudden change of plans, in 2015, the district authorities announced that they will not acquire the land. Furthermore, when the project affected families urged the authorities to issue official orders to denotify the land reserved for the project, the government is allegedly delaying it. This has restricted the farmers from exercising their rights on the land, such as selling it off and availing farm loans. Land Acquisition Officer Neeraj Mishra said that he has informed the state government about the matter and that the decision is now pending with the government.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Demand to denotify land notified for acquisition

Region Classification

Rural

Type of Land

Private

Non-Forest (Other than Grazing Land)

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):

450

Type of investment:

Investment Expected

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:

Rajasthan State Mines and Minerals Limited (RSMML), Rajasthan Government

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
Elizabeth Mani
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Fact sheet

Demand/Contention of the Affected Community

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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