The news of a zinc plant being set up in Doswada village in Tapi district has created tension among the people living in nearby villages.
In October 2020, the Gujarat government signed a Memorandum of Understanding with Vedanta Group’s Hindustan Zinc Limited (HZL) to set up the world’s largest zinc smelter plant in Doswada. The plant is proposed to be spread across 415 acres of land, with an annual capacity of 300 kilo tonnes. It is scheduled to be operational from 2022 and is estimated to entail an investment of up to INR 10,000 crore, with INR 6,000 crore already invested in the first phase.
The proposal has incited violent protests, as the tribal communities living in the region fear that effluents like cadmium, lead, arsenic and sodium oxide from the smelter would pose health threats both to them and their livestock as well as ruin their fertile agricultural land.
The Gujarat State Pollution Control Board had scheduled public hearing on the environmental impact of the plant on July 5, 2021. The villages within a 10-kilometre radius of the plant were invited to attend the hearing. This move was criticised by some as being unmindful of the risk of such a huge gathering during the COVID-19 pandemic. The sarpanch (head of panchayat) of 91 villages also requested the district collector to postpone the hearing as villagers would not be able to participate because of the ongoing pandemic and also it being the paddy sowing season. But their request was rejected, and the hearing was held at the complex of the Gujarat Industrial Development Corporation (GIDC). Those who attended the proceedings requested for its postponement while others gathered outside the venue and started raising banners and slogans. Some protesters reportedly pelted stones at police officials on duty. In retaliation, the police allegedly fired over 30 tear gas shells to disperse the crowd. At least 14 police personnel were injured. An FIR was filed under Songadh police station against more than 200 people.
Meanwhile, HZL CEO Arun Misra assured the community that “every step will be taken to safeguard the livelihood, health and environment and that the company will work along with the communities to support them to grow and prosper”.
Further reassuring the people, HZL Director P. Divakaran reiterated, “We will run the plant with zero liquid discharge…the wastewater will be reused through the effluent treatment plant. There will be no air pollution. Even solid waste, which is iron slag, will be converted into by-products and sold in the market for use in the cement and brick industries. There will be over 4,000 people working in the plant, and we will give preference to local youths…”
The land where the plant is to be set up was acquired 25 years ago by the government through the GIDC but has remained unused since then. According to Bharatiya Tribal Party MLA Chhotubhai Vasava, the procedures laid down under the Panchayat (Extension to Schedules Areas) Act, 1996, to establish an industrial unit in a tribal area has not been followed in this case. He has filed a public interest litigation before the Gujarat high court asking the court to direct the state government to hear the representatives of the villages likely to be affected by the project.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Complaint against procedural violations
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
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?
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
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Agricultural land, Grazing
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
10000
Type of investment:
Investment Expected
Year of Estimation
2020
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
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 environmental laws
Non-implementation/violation of PESA
Violation of free prior informed consent
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Gujarat
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
During a public hearing, protesters reportedly pelted stones at police officials on duty. In retaliation, the police allegedly fired over 30 tear gas shells to disperse the crowd. At least 14 police personnel were injured. An FIR was filed under Songadh police station against more than 200 people.
Date of Violation
July 4, 2021
Location of Violation
Doswada village, Tapi district
Government Departments Involved in the Conflict:
Gujarat Pollution Control Board, Gujarat Industrial Development Corporation
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:
Hindustan Zinc Limited
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
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?
Rejitha is a freelance consultant and Master Trainer for Paralegals. She is presently writing her doctoral thesis at NALSAR University of Law, Hyderabad. Before starting out on her own, she worked for over six years as an Assistant Professor, teaching Human Rights and Legal Theory at Nirma University, Ahmedabad. A firm believer in education for justice, she devotes most of her time in developing courses and training modules to better understand social power and power structures.
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