Nanisar is a village in Almora district. It has been listed as a "deserted" village by the state government. However, news reports suggest that locals have been staying in the village. The state government has allegedly handed over 7.06 hectares of this land to the Jindal group for building an international school without consulting the local villagers. In 2015, then Chief Minister Harish Rawat laid the foundation stone for the project and said that Nanisar will be the first village to be developed under the government's eco-tourism development project to attract tourists through an international residential school complex.
The residents of Almora, along with organisations like Nanisar Bachao Sangharsh Samiti, Krantikari Janvadi Morcha and Mandakini Bachao Abhiyan, are protesting against the handing over of valuable hilly land to the Jindals. However, a BJP leader mentioned that "the land is fallow farmland that belongs to the forest department. Its land use is yet to be changed as per the provisions of the Soil Conservation Act".
In November 2015, 600 protesters from various regions, including Kumaon and Gharwal, joined the protests. According to P.C. Tewari, president of Uttarakhand Parivartan Party, "The government is selling valuable hilly land without taking the consent of the villagers. This is a matter of looting land worth crores. The land has been given even before the lease papers of the land were processed completely." It was also alleged that some 150 trees were chopped for the project.
Tiwari filed a public interest litigation in the High Court of Uttarakhand claiming that the land allocation by the then Congress government was in "gross violation of norms". He also alleged that the Harish Rawat government kept the villagers in the dark about allocating the fertile land to Jindal at an annual rent of Rs 1,200. In October 2016, the high court had ordered the dismissal of the charge sheet against the protesters. On May 16, 2019, it was reported that the court had ordered a stay on any ongoing construction in the village.
The stay on the school construction was lifted in 2022 and construction has begun. However, the site became the focus of controversy again in 2023 when the Chairman of the school, Pratik Jindal was found guilty of assaulting staff.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Forest and Non-Forest
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
12
What is the current status of the detained/accused persons?
Released from arrest
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
The Scheduled Castes and the 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?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
Yes
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 underway despite protests
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
"Agricultural land, Residential area"
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://timesofindia.indiatimes.com/city/dehradun/hc-puts-stay-on-construction-of-school-on-land-allotted-to-jindal-group/articleshow/69348273.cms>
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.
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:
Violation of free prior informed consent
Controversial land acquisition by the government
Land record discrepancies
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Uttarakhand
Case Number
WPPIL No. 190/2015
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Physical attack
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
PC Tiwari, the chair of the Uttarakhand Parivartan Party, and several other protestors went to the construction site on 23 Jan 2016 to protest against the continuation of construction work despite a stay order. When the protests began at the site, the protestors were allegedly beaten by the guards as well as others. The police shortly arrested 12 protesters including Mr. Tiwari. Mr. Tiwari was injured during the fight and hospitalised in the ICU on Sunday. On his discharge he was sent back to jail and the police filed charges against him under the SC/ST (Prevention of Atrocities) Act on the accusation of abusing a Dalit member of the staff.
Date of Violation
January 22, 2016
Location of Violation
Nainisar
Government Departments Involved in the Conflict:
Secretary- Education, Government of Uttarakhand; Board of Revenue, Commissioner- Kumaun Mandal, District Magistrate Almora
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:
Himanshu Education Scoiety
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Nanisar Bachao Sangharsh Samiti,
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
12
What is the current status of the detained/accused persons?
Released from arrest
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
The Scheduled Castes and the 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?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
Yes
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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