Karnataka
,
Mangaluru
,
Dakshina Kannada
Published :
Oct 2016
|
Updated :
Residents Fear Relocation, Environmental Degradation Caused by Expansion of Mangalore Refinery in Karnataka
Reported by
Deepak C N
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
937
People affected
2014
Year started
389
Land area affected
Households affected
937
People Affected
2014
Year started
389
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Petroleum and Gas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Industry
Reason/Cause of conflict
Petroleum and Gas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

In 2017, Mangalore Refinery and Petrochemicals Limited (MRPL) announced its decision to step into the fourth phase of expansion of the refinery, which required about 1,050 acres of land. After a public hearing and a survey, the Karnataka government decided that 962 acres, of which 824 acres were private land, could be notified for usage. The fourth phase of the expansion plan would extend the area covered by the company to 1,781 hectares. This has made the residents of Mangaluru anxious. Expansion work of the refinery is likely to cause pollution and contaminate soil and water. This is detrimental to the community as they are heavily dependent on fishing and farming. The protesting residents also allege that procedure was not followed in the process of land acquisition. Following a petition by Bhoja Shettigar, a land owner in the projectaffected area, the Karnataka high court passed an interim stay order on the land acquisition in 2018. In a hearing on April 9, 2019, the court maintained the status quo on the interim stay order. This is not the first time that farmers and fisherfolk in the area have protested against MRPL. The loss of ancestral land and environmental degradation has been at the forefront of the community's opposition to MPRL since its inception in 1995 to the successive years of its expansion. A notification to acquire land in the two villages was first issued in 2007 but it was withdrawn by then Chief Minister B.S. Yeddyurappa following protests in 2011. It was revived in 2017 when the local people asked for the land to be acquired under the LARR Act, 2013, since the earlier process was to be carried out under the KIADB Act, 1966. Mangaluru residents have been routinely subjected to recurring relocations and loss of fertile agricultural land. They are now fighting against MRPL's expansion under the banner of the Democratic Youth Federation of India and Krishi Bhoomi Samrakshana Samiti.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Opposition to expansion of the project

Region Classification

Urban and Rural

Type of Land

Both

Forest and Non-Forest, 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):

20000

Type of investment:

Revised 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:

Karnataka Industrial Area Development Board

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Mangalore Refinery and Petrochemicals Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Karnataka Rajya Raitha Sangha

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
Deepak C N
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Refusal to give up land for the project

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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