Bihar
,
,
Muzaffarpur
Published :
Aug 2016
|
Updated :
April 3, 2024
Over 6,000 Displaced Families in Bihar Stand United against Bagmati Project
Reported by
Alok
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
6565
Households affected
800
People affected
2012
Year started
Land area affected
6565
Households affected
800
People Affected
2012
Year started
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Ended
Sector
Power
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Ended
1
Summary

The Bagmati Project, involving the construction of embankments along the river Bagmati as a flood control measure, has resulted in villagers suffering multiple displacements since the 1970s, with many still awaiting compensation and rehabilitation. The government added the Bagmati irrigation project in 1969 and the Bagmati multi-purpose project in 1984. While the irrigation project was scrapped because of escalating tensions with Nepal, the embankment project continues with the third phase of the project initiated in 2006 to complete the embankments between Runni Saidpur and Sormar Hat.

A report by Thirdpole in 2017 highlighted how 6,565 families from 50 villages displaced by the embankment at Aurai, Katra and Gaighat in Muzaffarpur district are still awaiting rehabilitation and adequate compensation for over two decades. The displaced families have organised themselves under the banner of “Chasbaas Jeevan Bachao Bagmati Sangharsh Samiti”, demanding a complete review of the project along with payment of adequate compensation.

Jitendra Yadav, convener of the organisation, was quoted in the report saying, “A lot has changed in six decades. The number of villages and population has tripled in the project area”. The organisation also called to set up a review committee that would evaluate the feasibility of the project.

In 2021, an in-depth report by Gao Connection mentioned that despite the review committee having formed in 2017 itself, comprising river experts, social workers and engineers, only one meeting of the committee has been held since 2017. With the Bihar government announcing its plans to construct new embankments on both sides of the Bagmati in Muzzafarpur district and increase the height of an old embankment under the third and fifth phases of the Bagmati flood management scheme, people have started voicing concern and expressing their opposition. They point out how the embankments, instead of effectively managing floods, often exacerbate their plight by ruining their crops.

The report quotes 60-year-old Mahadev Das of Basaghatta: "I have a farm of about 20 acres. After the construction of the dam in 2008–2009, half of my farm was ruined. The farm now contains sand and water for four to five months."

Rajiv Sinha at the Department of Earth Sciences at the Indian Institute of Technology, Kanpur, has warned not to build further embankments on the Bagmati river as by constructing embankments one is "forcing the river to divert its course".

In February 2022, Revenue and Land Reforms Minister Ramsurat Rai directed the Land Acquisition Officer and the engineers of Bagmati Division that both the departments should work in coordination and ensure concrete action towards payment of compensation keeping in mind the interest of the farmers. Meanwhile, the state government issued a notice for land acquisition in Dharampur Sheetal of Gaighat zone for the construction of embankment completing the Bagmati project. 

In March 2024, Bagmati Project Dam officials held a meeting with the villagers at Harpur School in Jamalpur Kodai Panchayat of Gaighat Block of the district regarding the project. However, the villagers expressed their displeasure and vehemently protested against the dam construction work in front of the officials. Most of the people of 109 villages, where the embankments will be built under Phase 3(B) and Phase 5(A) of 'Bagmati Flood Management Scheme', have been opposing the project because they believe that if there was no flood, they will not get fertile soil for farming.

Around 120 villages have been protesting since 2012 against the construction of embankments in the district and plan to continue their opposition.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for rehabilitation

Complaint against procedural violations

Demand for promised compensation

Other Demand/Contention of the Affected Community

Region Classification

Type of Land

Common and Private

Non-Forest (Other than 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 underway despite protests

Original Project Deadline

2022

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Agricultural land, Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

60

Type of investment:

Revised Investment

Year of Estimation

1981

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:

Water Resources Department, District Administration

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:

Farmers, fisherfolk, Chasbaas Jeevan Bachao Bagmati Sangharsh Samiti

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
Alok
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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand for rehabilitation

Complaint against procedural violations

Demand for promised compensation

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

Project underway despite protests

Original Project Deadline

2022

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Agricultural land, Residential area

Whether the project was stalled due to land conflict

Source/Reference

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