Uttarakhand
,
Bindukhatta
,
Nainital
Published :
Mar 2019
|
Updated :
February 13, 2024
Bindukhatta Residents in Uttarakhand Demand Revenue Village Status, Ownership of Land Rights
Reported by
Elizabeth Mani
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
100000
People affected
1985
Year started
2400
Land area affected
Households affected
100000
People Affected
1985
Year started
2400
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Bindukhatta, a village in Nainital district, was originally designated as a forest village. With this status, the residents got community rights over land carved out of the reserved forest. These villages were set up by the British after clearing forest land to promote cattle rearing and animal husbandry.

However, since 1985, the residents have been demanding a 'revenue village' status for Bindukhatta. A revenue village is a small administrative unit with a definite surveyed boundary, and residents enjoy individual land ownership rights. Currently, they do not have any individual land ownership or registry papers. The state government had promised land rights to Bindukhatta residents and revenue village status in 2014, but no official order was given. Later, Bindukhatta was also decided to be a made a Nagar Palika, but the government withdrew the decision after protests from the local people.

The state government had proposed an elephant corridor in 2018 to protect elephants in Bindukhatta forest. The residents fear that if the corridor is designated, at least one lakh people will be evacuated, and their houses and farms will be destroyed, although there has been no official confirmation of the evacuation. Following this, the residents, along with All India Kisan Mahasabha, have organised a campaign against the decision to create an elephant corridor, disregarding their demand for a revenue village. They allege that instead of initiating the process, the state is complicating issues.

In November 2019, Communist Party of India (Marxist-Leninist) announced a sit-in demonstration demanding revenue status in Lalkuan tehsil of Nainital. However, there was no response from local authorities. In December 2020, the youths of the village sent a memorandum to the state governor after a demonstration at Lalkuan demanding Bindukhatta to be made a revenue village. They also warned that if no action is taken, the local people will be forced to agitate.

As of 2022, the state government has lifted a 16-year stay on the electrification of the village. However, the demand for conversion into a revenue village has not yet been resolved.

Following massive protests in June 2023, the Vidhayak Dr Mohan Bisht held a meeting with Forest Officials, officials of the Social Welfare Department and residents of Bindukhatta requesting that the process to grant revenue village status be initiated.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Revenue status for their village

Region Classification

Rural

Type of Land

Common

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

Agricultural land, Grazing

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?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Forest department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

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:

Residents of Bindukhatta village

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

Demand for legal recognition of land rights

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

Agricultural land, Grazing

Whether the project was stalled due to land conflict

Source/Reference

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