Guniyal, a village near Dehradun in Uttarakhand, is in the news over people’s right to use their land as they see fit. Following an announcement by the Prime Minister in 2019 that Uttarakhand needs another pilgrimage site, the Chief Minister of Uttarakhand, Pushkar Singh Dhami, and the State Minister for Soldier Welfare, Ganesh Joshi announced a plan to create a Sainya Dham, or the Soldier’s Dham in Guniyal.
On 15 December 2021, the Defence Minister Rajnath Singh laid the foundation stone for the Dham. This was preceded by a Shahid Samman Yatra, during which soil was collected from the homes of deceased soldiers in the state, to be incorporated in the construction of the Dham. This will the fifth memorial for fallen soldiers in the state.
The announcement, however, was met with mixed feelings by the state’s community of retired officers, who pointed out that several existing soldier’s memorials were in very poor condition due to neglect. Another reason for controversy is that the Army Welfare Fund is being used to construct this memorial. The Army Welfare fund is specifically for the rehabilitation of personnel and their dependents. “From an initial allocation of Rs 58 crore, the allocation has been increased to Rs 98 crore. Why should the limited amount in the Army Welfare Fund, meant to rehabilitate war widows or servicemen disabled during operations, be utilised for such an extravagant project?" asked Col (Retd) Vijay Duggal in an interview with the NewsClick.
The project was further embroiled in controversy when one of the owners of the land where the memorial is being constructed, Ms. Seema Kanojia, filed a petition with the Uttarakhand High Court claiming that they have not been compensated for the land. On 16 June 2024, the Court issued a stay on the construction until the matter was resolved.
In July, however, the Uttarakhand High Court [lifted](https://timesofindia.indiatimes.com/city/dehradun/uttarakhand-high-court-lifts-ban-on-sainya-dham-construction/articleshow/112180744.cms#:~:text=The govt also told the,of the memorial for soldiers.) the ban on construction of the proposed Sainya Dham in Guniyal village of Dehradun after the counsel for the state government said it was being built on government land and not on private property of any individual or institution, as claimed by the petitioner. According to The Times of India [report](https://timesofindia.indiatimes.com/city/dehradun/uttarakhand-high-court-lifts-ban-on-sainya-dham-construction/articleshow/112180744.cms#:~:text=The govt also told the,of the memorial for soldiers.), another petition on the same issue is [pending](https://timesofindia.indiatimes.com/city/dehradun/uttarakhand-high-court-lifts-ban-on-sainya-dham-construction/articleshow/112180744.cms#:~:text=The govt also told the,of the memorial for soldiers.) in the court.
Private landowners are affected due to the construction of a road to the Saniya Dham. District Magistrate Sonika said that the owners of the land on which the approach road has been planned have been consulted and their permission have been obtained. However, the owners have stated that they will not permit the approach road to be constructed unless they are given land elsewhere. Earlier, there was a ban on all construction in a radius of 500 metres around the memorial. Following protests by the residents, the CM revoked this order.
As of now, construction within the memorial is in progress, albeit with a budget that has doubled since the initial planning. Whether the conflict around compensation of land obtained for the approach road is resolved, remains to be seen.
The project is scheduled to be completed by 15 October 2024.
Demand/Contention of the Affected Community
Demand for compensation
Demand for rehabilitation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Private
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?
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
2024
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Yes
Source/Reference
The High Court has issued a stay on the project until the land dispute is resolved: <https://thecapital.org.in/uttarakhand-high-court-halts-sainya-dham-construction-on-private-land/>
Total investment involved (in Crores):
₹
99
Type of investment:
Revised Investment
Year of Estimation
2024
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.
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:
Non-implementation/violation of LARR Act
Controversial land acquisition by the government
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Uttarakhand High Court
Case Number
WPMS/1390/2024
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Sainik Kalyan Departmnt
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
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?
Chicu is an independent consultant working on water conflicts with a focus on stakeholder negotiations. Since 2008, she has worked on the assessment of environmental flows for several major rivers and studied natural resource-related negotiations conflicts in the Gangetic basin and North-Eastern India. She lives and works in the Uttarakhand Himalaya.
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