Odisha
,
Dandiapali Village, Lathikata
,
Sundergarh
Published :
Jan 2018
|
Updated :
Adivasis in Odisha Protest Land Acquisition for Highway, Allege Violation of PESA
Reported by
Sanghamitra Dubey
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1689
People affected
2015
Year started
10
Land area affected
Households affected
1689
People Affected
2015
Year started
10
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

At least nine hectares of land have been acquired from Dandiapali village in Sundergarh district for the expansion of National Highway 143 between Birmitrapur and Rourkela. The tribal population of the village, under the banner of Sundergarh Zilla PESA Coordination Committee, organised a protest march led by coordinator Santosh Oram. They allege that the land has been acquired without the approval of the gram sabha. This area is a Schedule V district and, therefore, land acquisition without consent violates the provisions of the PESA Act,1996. Interestingly, the gram sabha members were unaware of the whole procedure. Meanwhile, an official of the National Highways Authority of India said that "the protest is unjustified, and the work will be completed within 30 months". This response exacerbated the matter. In 2018, the construction of the highway, which had so far suffered delays due to ongoing protests and lack of enviornmental clearances, was fasttracked by Nitin Gadkari, Union minister for road transport and highways. In 2020, it was announced that the underconstruction 126kilometre stretch of the highway that was due to be completed by the end of the year had been delayed due to the COVID19 pandemic and would now be completed by March 2021.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest

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):

389.86

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

National Highways Authority of India (NHAI)

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
Sanghamitra Dubey
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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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