West Bengal
,
Jitusol
,
Jhargram
Published :
Sep 2022
|
Updated :
Sponge Iron Factory is dumping waste and causing pollution in Jhargram district, West Bengal
Reported by
Mitali Biswas
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1251
People affected
2011
Year started
Land area affected
Households affected
1251
People Affected
2011
Year started
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Steel Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Steel Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Local communities of Jitusol and Bagmuri villages in West Bengal have been opposing the dumping of iron ore waste on their agricultural lands by the Rashmi Cement Limited's Sponge Iron factory.

Set up in 2009, Rashmi Cement Limited factory is located in Jitusol village in Jhargram district. It was established on lands that had been acquired from the village residents. They gave up their lands in the hope of receiving permanent employment in the factory. Though more than a decade has passed since then, they are yet to receive any jobs at the factory. Making the situation worse is that their remaining agricultural lands has become difficult to farm in due to pollution caused by the factory's waste, which is being dumped on their lands. A resident of the area, Kamal Mahato, told LCW that the fertility of his agricultural lands has reduced due to the waste dumped by the factory. He shared that the roads in the area have also been damaged. 

In 2015, the company received environmental clearance from the pollution board. The factory however has been found to be violating the regulations that were set up by the Central Pollution Control Board in 2011 about siting iron factories away from residential areas. The factory has now expanded from Jitusol to Bagmuri Mouza. And the company's name has been changed from Rashmi Cement Limited to Rashmi Udyog Private Limited in 2020.

Tufan Mahato, a resident of Bagmuri village, told LCW that the company has been occupying the lands of many farmers by dumping waste on their lands. In some instances the factory has even erected boundary walls around the occupied lands.

An inspection team from the West Bengal Pollution Control Board (WBPCB) came in 2019 only after countless complaints from the local residents. The team found that heaps of industrial waste had accumulated on the farmlands. Subsequently, the WBPCB issued an [order](https://www.wbpcb.gov.in/writereaddata/files/Rashmi Cement Ltd..pdf) directing the Company to take remedial action for the pollution caused by its activities. The order also imposed a fine of Rs. 75 lakhs on the Company for the pollution caused by it. This sum included environmental compensation and bank guarantees.

Despite such state actions and opposition from the community members, forceful land capture by the factory by dumping waste on agricultural lands continues to this day.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Restore the damaged land's fertility

Region Classification

Rural

Type of Land

Common and Private

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

No

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

220

Type of investment:

Cost of Project

Year of Estimation

2019

Page Number In Investment Document:

28

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration, West Bengal State Pollution Control Board

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:

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
Mitali Biswas

Mitali has previously worked as a freelance journalist for Doordarshan. She has directed and produced documentaries themed on sexual violence against women and the peasant movement at Bhangar in West Bengal. She has also co-directed SD, an investigative biography on slain Naxalite leader Saroj Datta. She is currently in the editorial board of Protibidhan, a Bengali magazine dedicated to women’s movements.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

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

No

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

No

Source/Reference

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