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.
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?
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
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
Yes
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:
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
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Yes
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
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
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?
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