Gujarat
Roha, Nirona
,
Sangnara
,
Kachchh
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Sangnara villagers protest to save forest, 'gauchar' and wildlife from windmills
Reported by
Priyansha Chouhan
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
292
Households affected
1400
People Affected
2018
Year started
997
Land area affected
292
Households affected
1400
People Affected
2018
Year started
997
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Initially, Sangnara villagers welcomed windmills in the area but their slow realisation of its adverse impacts on their forest, agriculture and grazing land, birds and diverse ecology, turned the tide, kickstarting a battle against the ‘green’ source of energy.

In 2017, Suzlon, the first windmill company to enter Sangnara, installed seven mills and laid the foundation for one. Soon, hundreds of trees were cut without the permission of the Collector and the hillocks were flattened to make way for windmills, machines and and transmission lines. Experts say that Kachchh has the largest tropical thorn forest in the country, falling under eco-class IV of the six ecological classes.

Amid an influx of windmill projects, villagers pointed out the wrongful notification of the area as a ‘wasteland’ in the state's revenue records, even though it is used as a ‘gauchar’ or grazing land. In 2016, the foundation of one windmill of Suzlon was found to be in the land notified in 1984 as 'gauchar'. In 2018, the company came back saying that as per the new map, the point is outside the 'gauchar'. The villagers alleged foul play as the new map was prepared in 2018 only for the village of Sangnara and none of the nearby villages.

Livestock is a major source of income for the villagers in the area and there is thrice as many domesticated animals as human population in Kachchh. The official 'gauchar' of the village is about 486 acres (197 hectares) that seamlessly merges into the thorn forest of about 800 hectares. According to a report by the Principal Chief Conservator of Forests of Gujarat (PCCF), 20,000 trees would need to be cut from Sangnara’s forest if the rest of the 29 approved mills come up as planned. The Sangnara forest is also part of a grove considered sacred by five villages.

In 2019, Sangnara went to the National Green Tribunal (NGT) demanding that all the windmill projects planned within the village boundary be scrapped. They also sought relief of identification of the deemed forests around the village. The bench, however, held that windmills are not falling in the forest area and hence cannot be cancelled. It concluded that since this project is for the public interest if some loss to the environment is happening, that would be treated to be far less than the benefit it would be rendering. The NGT order also stated that photographs of dead birds and peacocks, submitted by petitioners, cannot establish that it happened due to windmills as it is not a credible evidence to hold Suzlon liable.

In August 2021, Sangnara village, along with several non-governmental organisations in Kachchh, held a protest at Suzlon’s unfinished windmill. The villagers occupied land allotted to a private wind energy company in the jurisdiction of the village and resolved not to allow installation of windmills there, as they claimed, the land is 'guachar' of the village.

Two months later, four residents of Sangnara village were booked for allegedly abusing and intimidating contractors and forcing them to halt work of constructing a power transmission line. However, other residents of the village submitted a memorandum to Kachchh Collector, claiming the complaint was baseless and false. No one has been detained or arrested so far.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Opposition against environmental degradation

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-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

Indian Penal Code, 1860

294(b), 506(2), 114

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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

Project stalled due to protests

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Grazing, Religious/Sacred/Cultural value

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?

No

When did it end?

Why did the conflict end?

Author
Reported by
Priyansha Chouhan

Gujarat

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Opposition against environmental degradation

Demand for better access to common land/resources

Sangnara villagers protest to save forest, 'gauchar' and wildlife from windmills

Reported by

Priyansha Chouhan

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

August 8, 2024

August 9, 2024

Edited on

August 8, 2024

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2018

Land Area Affected (in Hectares)

997

ha

Households Affected by Conflict

292

People Affected by Conflict

1400

State

Gujarat

Sector

Power

People Affected by Conflict

1400

Households Affected by Conflict

292

Land Area Affected (in Hectares)

997

ha

Starting Year

2018

Location of Conflict

Sangnara

Roha, Nirona

Kachchh

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

Initially, Sangnara villagers welcomed windmills in the area but their slow realisation of its adverse impacts on their forest, agriculture and grazing land, birds and diverse ecology, turned the tide, kickstarting a battle against the ‘green’ source of energy.

In 2017, Suzlon, the first windmill company to enter Sangnara, installed seven mills and laid the foundation for one. Soon, hundreds of trees were cut without the permission of the Collector and the hillocks were flattened to make way for windmills, machines and and transmission lines. Experts say that Kachchh has the largest tropical thorn forest in the country, falling under eco-class IV of the six ecological classes.

Amid an influx of windmill projects, villagers pointed out the wrongful notification of the area as a ‘wasteland’ in the state's revenue records, even though it is used as a ‘gauchar’ or grazing land. In 2016, the foundation of one windmill of Suzlon was found to be in the land notified in 1984 as 'gauchar'. In 2018, the company came back saying that as per the new map, the point is outside the 'gauchar'. The villagers alleged foul play as the new map was prepared in 2018 only for the village of Sangnara and none of the nearby villages.

Livestock is a major source of income for the villagers in the area and there is thrice as many domesticated animals as human population in Kachchh. The official 'gauchar' of the village is about 486 acres (197 hectares) that seamlessly merges into the thorn forest of about 800 hectares. According to a report by the Principal Chief Conservator of Forests of Gujarat (PCCF), 20,000 trees would need to be cut from Sangnara’s forest if the rest of the 29 approved mills come up as planned. The Sangnara forest is also part of a grove considered sacred by five villages.

In 2019, Sangnara went to the National Green Tribunal (NGT) demanding that all the windmill projects planned within the village boundary be scrapped. They also sought relief of identification of the deemed forests around the village. The bench, however, held that windmills are not falling in the forest area and hence cannot be cancelled. It concluded that since this project is for the public interest if some loss to the environment is happening, that would be treated to be far less than the benefit it would be rendering. The NGT order also stated that photographs of dead birds and peacocks, submitted by petitioners, cannot establish that it happened due to windmills as it is not a credible evidence to hold Suzlon liable.

In August 2021, Sangnara village, along with several non-governmental organisations in Kachchh, held a protest at Suzlon’s unfinished windmill. The villagers occupied land allotted to a private wind energy company in the jurisdiction of the village and resolved not to allow installation of windmills there, as they claimed, the land is 'guachar' of the village.

Two months later, four residents of Sangnara village were booked for allegedly abusing and intimidating contractors and forcing them to halt work of constructing a power transmission line. However, other residents of the village submitted a memorandum to Kachchh Collector, claiming the complaint was baseless and false. No one has been detained or arrested so far.

Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Opposition against environmental degradation

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-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?

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

Indian Penal Code, 1860

294(b), 506(2), 114

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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

Project stalled due to protests

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Grazing, Religious/Sacred/Cultural value

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?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Saurashtra Felling of Trees Act, 1951
Section 1 [This act is applicable in the State of Gujarat.] Section 3 [No person can fell or damage trees in the state without the written permission of the Collector.]
Gujarat Renewable Energy Policy, 2023
Para 10.1 [Wind projects to be set up on government revenue land or on private land.]
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  4. 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.

  5. 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.

  6. 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.

  7. 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

Yes

What was the claim(s)/objection(s) raised by the community?

The Gram Sabha wrote a letter to Collector of Nakhatrana, informing that village of Sanganara was against setting up new windmills in the area.

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Lack of legal protection over land rights

Land record discrepancies

Non-consultation with stakeholders

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal (Western Zone)

Case Number

Original Application 06/2020 (WZ)

Main Reasoning/Decision of court

A case was filed before the National Green Tribunal to challenge the leases granted to the wind mills in the Sangnara village area. On January 20, 2023, the Tribunal held that the seven windmills which have been set up by the Suzlon Gujarat Windpark Ltd. and other in process of completion, do not fall within the forest area. It also stated that photographs cannot credibly establish that deaths of birds and peacocks happened from a particular windmill. It concluded that since this project should be treated as one for the public interest. If some loss to the environment happens on account of such windmills, the loss should be treated as far less compared to the benefit rendered by the project.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

An FIR under IPC Sections 294 (b) (uttering obscene words in public), 506(2) (criminal intimidation) and 114 (abettor present when offence is committed) as well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against four residents (Haja Rabari, Lakha Rabari, Asha Rabari and Haresh Pokar)of Sangnara village in Nakhatrana taluka of Kachchh. The complaint was filed by Mahesh Parmar (43), a supervisor for a contractor who is building a power transmission line for WinSol Engineers Pvt Limited (WEPL). The charges included abusing and intimidating contractors and forcing them to halt work of constructing a power transmission line there. However, other residents of the village submitted a memorandum to Kachchh Collector claiming the complaint was baseless and false.

Date of Violation

October 30, 2021

Location of Violation

Sanganara Village

Additional Information

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Protests/marches

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

State Forest Department, Collector, Mamlatdaar

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:

Green Energy Infra Wind Energy Ltd; Adani Wind Energy (MP) Pvt Ltd; Shree Torrent Power Ltd; Vish Infrastructure LLP; Bajrang Wind Park (Kutch) Pvt Ltd; Suzlon Gujarat Windpark Ltd; Srijan Energy Systems Pvt Ltd; Sarjan Pvt Ltd.

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Sahjeevan Trust, Bali Vikas Trust, Maldhari Sangathan, Sarpanch Sangathan, Kachchh Mahila Vikas Sangathan, and Let India Breathe

Complaints/petitions/letters/memorandums to officials
Protests/marches
Advocacy (for inclusion in courts)

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

Indian Penal Code, 1860

294(b), 506(2), 114

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Image Credit:  

Video

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