Gujarat
Modhera
,
Sujanpura
,
Mehsana
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Sujanpura pastoralists oppose Modhera solar plant in Gujarat
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
159
Households affected
1002
People Affected
2020
Year started
2192
Land area affected
159
Households affected
1002
People Affected
2020
Year started
2192
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In recent years, Modhera has gained recognition as India's first solar-powered village. However, the solar project has costed pastoralists of Sujanpura village in Becharji taluka of Mehsana district 54 acres of their grazing land.

The Modhera solar power project was undertaken for the development of the legendary Sun temple at Modhera in Mehsana. It involved installation of 1,177 rooftop solar modules on residential buildings and 316 modules on government buildings, a 6 MW solar power plant and a 15 MWh Battery Energy Storage System (BESS). The tender for the integrated Modhera project was floated in February 2020 and the project was inaugurated in October 2022, ahead of Gujarat assembly elections in December 2022.

The villagers of Sujanpura, who are Maldharis or traditional pastoralists, protested against the allotment of 54 acres of grazing land the village by the Mehsana District Collector to the state Energy Department, without notifying the local village panchayat. MLA Bharatji Thakor highlighted that 100% of the Bakshipanch community members relied on animal husbandry and the land, valued at Rs 70 crore, was essential for grazing cows and livestock.

On 9 September 2020, residents of Sujanpura wrote a letter to the sarpanch opposing the solar plant. The Panchayat then passed a resolution against the plant on September 19, 2020 and demanded that it be moved elsewhere. In the same month, villagers also wrote letters to the Mamlatdar and District Collector opposing the plant and asking that it be moved elsewhere. Following which, two of the residents - Anil Desai and Vinaji Thakur - filed a petition in the Ahmedabad High Court to oppose the land allotment but nothing had happened till March 2023.

Despite villagers' complaints, the plant was constructed at the proposed site. Meanwhile, the state government allotted nine hectares of land within Modhera village, five kilometers away from Sujanpura, as new grazing land, along with plots in Sujanpura and the nearby Chatasana village. Villagers argue that this reallocation process lacked their approval and consultation, leading to widespread dissatisfaction.

Mehulbhai Rabari, a local with around 40 cattle, expressed his frustration to BBC Gujarati, stating, "The government may say they have allocated land, but we have not seen any land. They say they have given land within the boundary of Modhera, but how reasonable is it for us to travel five kilometers every day to graze our cattle and then come back?"

On the issue of Sujanpura residents demand grazing land nearer their village, Mehsana District Collector Agarwal told IndiaSpend, “If not there, they would have been allotted something even farther.”

Stating that the government followed the ‘rulebook’ in the process of land acquisition, he added, that his office has not received any complaints of residents not being able to access their farms easily because of the power plant, and that if the residents do approach the Collector’s office they will get access to their farms.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand to cancel the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Demand to relocate the project

Region Classification

Rural

Type of Land

Common

Non-Forest (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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

69

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Suchak Patel

Gujarat

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand to cancel the project

Complaint against procedural violations

Sujanpura pastoralists oppose Modhera solar plant in Gujarat

Reported by

Suchak Patel

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

August 8, 2024

August 9, 2024

Edited on

August 8, 2024

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2020

Land Area Affected (in Hectares)

2192

ha

Households Affected by Conflict

159

People Affected by Conflict

1002

State

Gujarat

Sector

Power

People Affected by Conflict

1002

Households Affected by Conflict

159

Land Area Affected (in Hectares)

2192

ha

Starting Year

2020

Location of Conflict

Sujanpura

Modhera

Mehsana

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

In recent years, Modhera has gained recognition as India's first solar-powered village. However, the solar project has costed pastoralists of Sujanpura village in Becharji taluka of Mehsana district 54 acres of their grazing land.

The Modhera solar power project was undertaken for the development of the legendary Sun temple at Modhera in Mehsana. It involved installation of 1,177 rooftop solar modules on residential buildings and 316 modules on government buildings, a 6 MW solar power plant and a 15 MWh Battery Energy Storage System (BESS). The tender for the integrated Modhera project was floated in February 2020 and the project was inaugurated in October 2022, ahead of Gujarat assembly elections in December 2022.

The villagers of Sujanpura, who are Maldharis or traditional pastoralists, protested against the allotment of 54 acres of grazing land the village by the Mehsana District Collector to the state Energy Department, without notifying the local village panchayat. MLA Bharatji Thakor highlighted that 100% of the Bakshipanch community members relied on animal husbandry and the land, valued at Rs 70 crore, was essential for grazing cows and livestock.

On 9 September 2020, residents of Sujanpura wrote a letter to the sarpanch opposing the solar plant. The Panchayat then passed a resolution against the plant on September 19, 2020 and demanded that it be moved elsewhere. In the same month, villagers also wrote letters to the Mamlatdar and District Collector opposing the plant and asking that it be moved elsewhere. Following which, two of the residents - Anil Desai and Vinaji Thakur - filed a petition in the Ahmedabad High Court to oppose the land allotment but nothing had happened till March 2023.

Despite villagers' complaints, the plant was constructed at the proposed site. Meanwhile, the state government allotted nine hectares of land within Modhera village, five kilometers away from Sujanpura, as new grazing land, along with plots in Sujanpura and the nearby Chatasana village. Villagers argue that this reallocation process lacked their approval and consultation, leading to widespread dissatisfaction.

Mehulbhai Rabari, a local with around 40 cattle, expressed his frustration to BBC Gujarati, stating, "The government may say they have allocated land, but we have not seen any land. They say they have given land within the boundary of Modhera, but how reasonable is it for us to travel five kilometers every day to graze our cattle and then come back?"

On the issue of Sujanpura residents demand grazing land nearer their village, Mehsana District Collector Agarwal told IndiaSpend, “If not there, they would have been allotted something even farther.”

Stating that the government followed the ‘rulebook’ in the process of land acquisition, he added, that his office has not received any complaints of residents not being able to access their farms easily because of the power plant, and that if the residents do approach the Collector’s office they will get access to their farms.

Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Demand to cancel the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Demand to relocate the project

Region Classification

Rural

Type of Land

Common

Type of Common Land

Non-Forest (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?

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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

69

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Gujarat Renewable Energy Policy, 2023
Para 9 [Solar projects can be set up either on government revenue land or on private land.] Para 28 [Renewable energy projects may be set up on private land, or government waste land allotted by the revenue department/ state nodal agency. Allocation of government waste land to be made on optimum utilization of the entire land parcel.]
Gujarat Panchayats Act, 1993
Section 108(4) [This section provides for grazing land vested by the state government in a panchayat to be used for public purpose]
Gujarat Land Revenue Code, 1879
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  7. 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

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-consultation with stakeholders

Lack of legal protection over land rights

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)

Ahmedabad High Court

Case Number

WP/175/2020

Main Reasoning/Decision of court

The community members have filed a case before the Gujarat High Court in 2022, contesting the allotment of land by the Collector. The matter was heard once in September 2022. However, there is currently no information about the next date of hearing.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

Gujarat Revenue Department; Gujarat Energy and Petrochemicals Department

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

No items found.

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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