Kerala
,
Thottappally
,
Alappuzha
Published :
Jul 2017
|
Updated :
Residents Protest Against Sand Mining in Beach Alapuzzha
Reported by
Stella James
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
30000
People affected
2003
Year started
1700
Land area affected
Households affected
30000
People Affected
2003
Year started
1700
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Sand Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Sand Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2003, the state government of Kerala decided to lease out a 17 km stretch of state owned land from Valiyazhikkal to Thottappally in Alappuzha district to Kerala Rare Earths and Minerals Limited (KREML), a joint sector company, to conduct mineral sand mining for 20 years. The coast line of Alappuzha is densely populated with fisherman community and is one of the most populated stretches in the country. They depend on small  small-scale fish distribution, fish curing, peeling etc. Sand mining in the area poses grave environmental as well as livelihood problems and may impact the fishing stock in the region.
The protests intensified in 2013 when the mining did not stop and residents began to realize the full implications of the mining on environment. Protests were conducted by local residents, especially fishermen, supported by other Kerala-based people's and environmental organizations.
In 2016, residents and local environmental organizations further intensified the protests and cordoned the area in an attempt to stop mining equipment and vehicles from entering. The mining stopped in June 2017, presumably due to the expiry of license, and protests were stopped, but locals are worried that operations may resume if their license is renewed.
In January 2019, it was reported that besides sand mining at Thottappally harbour the state government has now decided to remove sand from the Thottappally leading channel and estuary to ensure a smooth flow of river water from Kuttanad region through the Thottappally spillway. While they claim this move is taken to prevent floods, but the Green Roots Nature Conservation Forum allege that this move will increase sea erosion. Following this decision, the protests became stronger, as the state government gave permission for cutting down trees and removing mineral rich sand to widen the estuary. In May 2020, the local residents and CPI members conducted a protest march to Thottappally which was blocked by the police. Similarly in July, local residents with Janakeeya Samara Samithi organised a ‘people’s barricade’ against mineral sand-mining at Thottapally. The women took active part in the protests by jumping downstream the Thottappally spillway channel demanding the removal and transportation of sand from the area.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Demand to retain/protect access to common land/resources

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?

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):

400

Type of investment:

Cost of Project

Year of Estimation

2003

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:

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:

Kerala Rare Earths and Minerals Limited, Indian Rare Earths Limited

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
Stella James
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

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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