In 2013, it was reported that the Union government was planning to set up an ultra-mega solar power project in an area close to the Sambhar Salt Lake in Jaipur. The then Prime Minister, Manmohan Singh, had announced the project during his visit to the district. The plant was proposed to have a capacity of 4,000 megawatt, making it the world’s largest solar power project in the world, requiring an area of around 16,000 acres. However, when Vasundhara Raje became the chief minister in 2014, she appealed to the High Court of Rajasthan against the project, citing environmental concerns.
The chief minister was reportedly concerned about the migratory birds in the region, and she highlighted that the site of the proposed plant is a notified wetland, which is supposed to protect the birds. She also sent letters to Praful Patel, the then minister of heavy industries, along with two other ministries and six public sector undertakings. In the high court, the Union government stated that it had no active plan to establish a solar power project in the region, and the petition was subsequently dismissed.
Since 2017, the high court has registered two suo motu petitions to examine whether effective steps are being taken to protect and preserve major wetlands covered by the Ramsar Convention. Several surveys have been carried out in the region to assess the reasons behind the death of migratory birds, scarcity of water and illegal extraction of salt. In this regard, alleged illegal salt extraction by Sambhar Salts Limited, a subsidiary of Hindustan Salts Limited, also came into question, and the issue** **is currently being reviewed by an expert panel formed by the court. Hindustan Salts Limited is a state-owned salt manufacturer. It plans to use the land allotted to the company near the lake to develop the solar project.
While the cases are pending, the most recent order of the high court from December 20, 2021, directed Hindustan Salts Limited to stop the work on the project until the court examines the “issues concerning setting up such a large-scale power project near the lake area and its possible impact on the environment and ecosystem of the lake”. The court ordered this on the basis of a news report, which stated that a solar plant at the site could “could wipe out the ecosystem with all its genetic diversity”.
In the same report, the chairperson and managing director (MD) of Hindustan Salts Limited was quoted as saying, “Solar plants come under the ‘wise use’ category. That’s why environmental clearance is not required.” In 2014, R.K. Tondon, the then MD of Sambhar Salts Limited, said that salt extraction happens only in a small part of the total land owned by the PSU and that a green project is “the best way to utilise the surplus land without harming the wetland”. However, according to Section 45(f) of the Wetlands (Conservation and Management) Rules, 2017, any kind of permanent structure cannot be constructed on wetlands.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
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?
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
2016
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Other environmental services, Water bodies
Whether the project was stalled due to land conflict
No
Source/Reference
<https://timesofindia.indiatimes.com/city/jaipur/4000mw-solar-plant-at-sambhar-may-spelldoom-for-prized-wetland/articleshow/88215470.cms> <https://timesofindia.indiatimes.com/city/jaipur/raj-hc-stays-work-on-mega-solar-project-in-sambhar/articleshow/88399589.cms> [Project stalled due to issue being taken up by the High Court in suo motu petitions on the basis of TOI report published on December 11, 2021 (link above)]
Total investment involved (in Crores):
₹
28000
Type of investment:
Investment Expected
Year of Estimation
2013
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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.
Whether claims/objections were made as per procedure in the relevant statute
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:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Rajasthan (Jaipur Bench)
Case Number
CW/6457/2014, CW/6539/2017, CW/19023/2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Rajasthan State Wetland Authority; Central Wetlands Regulatory Authority; Principal Secretary, Forest Department, Government of Rajasthan; Ministry of Environment, Forests and Climate Change
PSUs Involved in the Conflict:
Hindustan Salts Limited, Sambhar Salts Limited
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:
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?
Kuber is a second-year student of Political Science and Economics at St. Stephen's College, University of Delhi, with interests in public policy, rural development, political analysis and organisation management. He is currently interning with the Observer Research Foundation. In the past, he has worked with Transform Rural India Foundation (an initiative of Tata Trusts) and India Development Review, learning research, data and organisation management.
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