Madhya Pradesh
Khirkiya, Sirali and Rahatgaon tehsils
,
Harda
,
Harda
Published :
Jun 2019
|
Updated :
Tribals in Madhya Pradesh Fear Loss of Livelihood from Morand-Ganjal Irrigation Project
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2014
Year started
3033
Land area affected
Households affected
People Affected
2014
Year started
3033
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Morand and Ganjal irrigation projects, proposed in 1972, were approved by the Madhya Pradesh government in 2017. The MorandGanjal Complex Irrigation Project area covers four districts of the state Hoshangabad, Betul, Harda and Khandwa. The project is aimed at benefiting 4,617 hectares of land in 28 villages in Hoshangabad, 17,678 hectares of land in 62 villages in Harsud tehsil in Khandwa and 29,910 hectares of agriculture land in 121 villages in Harda, Khirkiya, Sirali and Rahatgaon tehsils in Harda district. However, the initiation of surveys for land acquisition has led to a fear of loss of livelihood among the Korku tribes inhabiting the area. They have been organising themselves in small collectives to spread awareness about the repercussions of the project. In 2014, a public interest litigation was filed in the Jabalpur High Court on the likelihood of submergence of villages and noncompliance of compensation and rehabilitation rules. This was dismissed by the court on the ground that the project had received the approval of all the concerned authorities, including the environment ministry. (see the PIL attached) According to a media report, 10 villages (four in Hoshangabad, four in Harda and two in Betul districts) are at the risk of submersion by the construction of these dams. Although surveys for acquiring land have begun, nothing has been communicated to the residents about relief and rehabilitation (R&R). The Environment Impact Assessment report for the environmental clearance for the project mentions that the R&R plan will be implemented as per the provisions of the Land Acquisition Act, 2013. The report states that this plan has been submitted to the Ministry of Tribal Affairs and that it is under scrutiny. Harish Sahu of the Synergy Sansthan told in a news report, dated June 2019, that surveying of the area for the project has intensified in the early half of 2019. "As of now, there have been no discussions on the compensation or the rehabilitation of the tribals after the land acquisition for the dam. There are talks that the tribespeople may be given INR 2.5 lakh per acre, however, we want at least Rs. 10 lakh, he added. The tribes have vowed to oppose the project. Previously the region had experienced the displacement of tribal community and loss of natural life for the Punasa dam (also called the Indira Sagar dam).
LCW spoke to Jindagi Bachao Abhiyan on August 8, 2020. They said, "The project has not received any environmental clearance or Stage I forest clearance. The gram sabha has also passed a proposal opposing the project. Despite this, in September 2019, the Narmada Valley Development Authority floated an INR 1,800 crore tender for the construction of the project." A major sitin for five hours was organised by the villagers in December 2019 outside the Harda and Hoshangabad district collector's office to oppose the project.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for rehabilitation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-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):

2813

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:

Ministry of Environment, Forests and Climate Change, Ministry of Water Resources, Central Water Commission, Ministry of Tribal Affairs

PSUs Involved in the Conflict:

Narmada Valley Development Authority

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:

Synergy Sansthan

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for rehabilitation

Opposition against environmental degradation

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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