Jharkhand
,
Potka
,
East Singhbhum
Published :
Oct 2016
|
Updated :
Bhushan Steel Plant in Jharkhand Faces Ire of Tribal Communities
Reported by
Furkan Khan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
13000
People affected
2006
Year started
1390
ha.
Land area affected
Households affected
13000
People Affected
2006
Year started
1390
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

In September, 2006, Bhushan Power and Steel Limited (BPSL) signed an MoU with the state government to set up a three milliontonne steel plant and a 900megawatt power plant in Potka village. Farmers and tribal communities opposed the project by organising numerous protests in the region for several years. Their main contention is land acquisition as the land falls under Schedule V. As per the law, any development in a scheduled area requires the consent of the Gram Sabha, which the tribespeople claim the project proponents did not follow. Activists have also alleged that the proposed land acquisition is in violation of the Chhotanagpur Tenancy Act, 1908.
A public hearing on September 24, 2012, had to end abruptly as protests broke out. The activists and farmers gathered shouted, "_Loha nahin anaj chahiye _(We want grains, not iron)," voicing their discontent. BPSL had escalated the estimated project cost from INR 10,500 crore to INR 12,000 crore, but the project remained in limbo. In 2018, Tata Steel acquired Bhushan Power and Steel Limited.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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

Both

Forest and Non-Forest, 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

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

12000

Type of investment:

Revised Investment

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Jharkhand 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:

Bhushan Power and Steel Limited, Tata Steel BSL Limited

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
Furkan Khan
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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

Complaint against procedural violations

Demand to retain/protect access to common land/resources

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

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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