In 2007, Lloyd Steel, a Mumbai based firm, was given clearances to begin iron ore mining operations in Surjagarh hills of Gadchiroli- a predominantly tribal district with large reserves of high-grade Iron ore. The company was granted a mining lease of 348.09 ha for the period of 50 years. The firm did not start mining until 2011.
When it did, both the villagers and the armed rebels protested.
In 2013, in a highly publicized event, the Naxalites of the region shot dead some of the officials of the Lloyd group. Following which former CM Devendra Fadanvis, in August 2015, requested the home minister to increase the presence of paramilitary troops in the region to help facilitate the process of continuing mining operations. On December 5, 2016, representatives from 70 village involving tribal leaders, local social organizations and political leaders gathered in Surjagarh and passed a resolution to halt the mining and demanded that the government cancels all present and proposed mining leases. They also passed resolutions to implement the Forest Rights Act (FRA), 2006 and Panchayats Extension to Scheduled Areas (PESA) Act to protect the livelihood of people.
However, mining did not stop despite the opposition of local tribal. On December 24, 2016, suspected Maoists torched about 80 mining trucks belonging to the company and its contractors. Since then, the situation in the region has been tense and a heavy police force has been deployed.
The local Adivasi community has been caught in between the Naxalites and the State. A local youth, Raju Sedamake, was killed by the Naxalites for persuading villagers to agree to the project. On the other hand, the villagers also face harassment and arrest at the hands of the police and paramilitary forces if they are vocal about their anti-mining stance.
According to the locals, the process of acquiring land under the Forest Rights act (2006), and seeking consent under the Panchayat (Extension to Scheduled Areas) Act, 1996, wasn't undertaken. In 2017, residents of nearly 70 villages had protested against the state government’s allotment of mining licenses, arguing that due process wasn't followed.
In January 2019, the mining activities were shut once again following a Maoist attack on the trucks. However, in February 2019, 200 villagers gathered in the Gadchiroli district headquarters demanding that mining operations be resumed, as the locals depended on employment in the mines for their livelihood.
In January 2020, the project received a nod to restart again from the CM Uddhav Thackeray.
On the 29 October 2022, LMEL conducted a Public Hearing for a proposed expansion of the existing production capacity of the iron ore mine from 3 Million Tonnes Per Annum (MTPA) to 10 MTPA. This proposal led to widespread protests from the locals, who feared further degradation of the native lands, many of which are regarded as sanctimonious by the local tribal communities. The expansion proposal was granted administrative approval in March 2023.
Alleging various legal violations in grant of approval for the expansion project, one Samarjeet Chatterjee, an environmental activist from Raipur, has filed a writ in public interest in the Bombay High Court. The PIL has primarily been filed on the grounds that the “expansion exceeds 50% of the production capacity which is contrary to the Guidelines”, as observed by the Bombay High Court. The matter is currently ongoing.
On 20 November 2023, the Maharashtra Police [arrested](https://www.downtoearth.org.in/mining/adivasi-leaders-opposing-iron-mines-in-maharashtra-arrested-92911#:~:text=About 1%2C000 residents from more,and others since March 2023) eight prominent Adivasi leaders of an anti-mining agitation that has been going on for 250 days. Adivasis also alleged the police searched and destroyed the huts of the protesting villagers and resorted to lathi charge in the afternoon.
Locals told LCW researcher that the mining activities have not yet begun in the area, but their protest site has been demolished and activists are facing constant harassment.
Demand/Contention of the Affected Community
Refusal to give up land for the project
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Forest, Forest and Non-Forest, Non-Forest (Grazing Land)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
9 (FIR filed against 109 Persons; 9 Accused by Name - Mr. Sainu Gota, Ms. Sheela Gota, Ramdas Jarate, Ms. Jaishree Velda, Mr. Nitin Pada, Mr. Amol Marakwar, Mr. Lalsu Nagoti, Mr. Prajwal Namulwar, Ms. Premila Kulyami - and 100 unknown persons)
What is the current status of the detained/accused persons?
Out on bail
Did the person face any violence while in police custody?
Yes
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 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
Indian Penal Code, 1860
Indian Penal Code - Section 188 (Disobedience) and Section 269 (Negligent act likely to spread infection of disease dangerous to life)
Epidemic Diseases Act, 1897, Maharashtra Police Act, 1951
Epidemic Diseases Act- Section 2 (Power of the State Government to take special measures to prevent spread of diseases during an epidemic) Maharashtra Police Act - Section 37 (Power of the State to prohibit certain acts for prevention of disorder) and Section 135 (Penalty for contravention of rules or directions under sections 37)
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Neither were they informed, nor did they have 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?
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
Significance of Land to Land Owners/Users
Other environmental services
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
411.28
Type of investment:
Cost of Project
Year of Estimation
2022
Has the Conflict Ended?
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.
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-implementation/violation of FRA
Lack of legal protection over land rights
Violation of free prior informed consent
Non-implementation/violation of PESA
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)
Bombay High Court
Case Number
PIL No. 6/2023
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Physical attack
Killing
Torching of houses
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
In 2013, in a highly publicized event, the Naxalites of the region shot dead some of the officials of the Lloyd group; On December 24, 2016, suspected Maoists torched about 80 mining trucks belonging to the company and its contractors
Date of Violation
Location of Violation
Surjagarh hills, Gadchiroli
Government Departments Involved in the Conflict:
State Mining Department, State Forest Department, Revenue Department, Collector's Office, Central Reserve Police Force
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:
LLoyd Metals and Energy Ltd
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Gonds and Madia Gonds (Primitive Tribal Group)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
9 (FIR filed against 109 Persons; 9 Accused by Name - Mr. Sainu Gota, Ms. Sheela Gota, Ramdas Jarate, Ms. Jaishree Velda, Mr. Nitin Pada, Mr. Amol Marakwar, Mr. Lalsu Nagoti, Mr. Prajwal Namulwar, Ms. Premila Kulyami - and 100 unknown persons)
What is the current status of the detained/accused persons?
Out on bail
Did the person face any violence while in police custody?
Yes
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 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
Indian Penal Code, 1860
Indian Penal Code - Section 188 (Disobedience) and Section 269 (Negligent act likely to spread infection of disease dangerous to life)
Epidemic Diseases Act, 1897, Maharashtra Police Act, 1951
Epidemic Diseases Act- Section 2 (Power of the State Government to take special measures to prevent spread of diseases during an epidemic) Maharashtra Police Act - Section 37 (Power of the State to prohibit certain acts for prevention of disorder) and Section 135 (Penalty for contravention of rules or directions under sections 37)
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Neither were they informed, nor did they have 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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