Drones and Dilemmas; Supreme Court on Demolitions; ILDC 2024; Narratives of Resilience; Conflicts and More!

Dear ,
Some exciting times ahead. To begin with, Land Conflict Watch (LCW) is thrilled to announce our participation in the 8th India Land and Development Conference (ILDC), to be held at Pune’s Flame University, from 5 to 7 November. LCW will host a session “Climate Action, Renewable Energy Land and Tenure,” and another on commons and laws, analysing legislation, court judgments, and land conflicts. During these sessions, we will unveil two new reports—**_(Un)Common Lands: Who is the Encroacher_**, and The Hidden Cost of Green Growth. More details to follow.

Additionally, we are delighted to announce our participation in this year’s ORA Ideas Festival, to be held at Delhi’s Khoj Studio, on 19 October. The festival is a platform for showcasing and celebrating the India Fellows of the Omega Resilience Awards. LCW’s founder and director Kumar Sambhav was a 2023 ORA fellow.

We will be showcasing a multimedia exhibit, “Margins to Mainstream,” featuring interactive maps and satellite imagery, and stories of land struggles, at the festival’s exhibition space: Narratives of Resilience.

From the Ground

In February 2024, residents of Kundol village in Gujarat were startled by the sight of drones hovering above their land. Panicked queries to local officials revealed that the government was conducting a mineral survey for nickel and chromium. The state then went ahead to auction the land in November 2023, but without consulting the gram sabha—a mandatory requirement for fifth schedule villages such as Kundol. Our researcher, Sukriti Vats, reports how the tribal community of Kundol, mostly belonging to the Dangi Garasia tribe, is now protesting against their land being auctioned due to the potential environmental damage and displacement. This case highlights the growing conflict between India's clean energy goals and the rights of indigenous communities. Check out the full report on Article14 for more details.

The Supreme Court takes on Demolitions

Anmol Gupta

This past month, the Supreme Court took on the issue of demolitions, looking to set down pan-India guidelines to prevent targeted demolitions. On 17 September, the court issued an interim stay, stating that no demolitions would be carried out without its approval. The stay will be in effect till the final judgment is passed.

The case came up in the Supreme Court in the aftermath of the 2022 Jahangirpuri demolitions in Delhi. The petitioners contended that the demolitions were retribution against the accused in the 2022 Delhi riots, and have argued, citing other instances, that demolitions cannot take the form of punitive action against the accused in any criminal proceedings.

The arguments in the court have drawn a distinction between demolitions used as a tool for extralegal punishment and lawful demolitions of encroachments. The court has taken suggestions from the petitioners on what safeguards can be included in the guidelines.

While the 17 September order seeks to put a stop to punitive demolitions, the court is yet to address the larger issue about encroachment on public lands. In fact, the order includes an exception stating that “unauthorized structures in any public place” were exempt from this interim stay.

However, the exception created in the September order ignores that existing laws have often been used to selectively carry out demolitions under the guise of clearing public encroachments. It remains to be seen if the apex court will take note of several public eviction cases from railways land and water bodies that have targeted marginalised communities disproportionately.

New In Our Database

We currently track 800 ongoing conflicts in the LCW database, affecting around 9.4 million people. This month, we have added 11 new conflicts by our researchers Emilo Yanthan, Avani Mishra, Maitreya Ghorpade, Suchak patel, Sarup Sinha and 18 updates by researchers Suchak Patel, Mahesh Daka, Maitreya Ghorpade, East Street Journal Asia, Raju KK, Chicu Lokgariwar, Rahul Kumar Gaurav, bringing attention to critical ongoing disputes and struggles. Here’s a brief overview:

  1. Kaziranga National Park Controversy: Environmentalists and farmers are rallying against the Assam government's collaboration with Tata Group and Hyatt to build luxury hotels, fearing it will disrupt the fragile ecosystem and displace communities reliant on the land, especially given the area's significance as an elephant habitat.
  2. Pachmarhi Airstrip Halted: The NGT has halted the expansion due to missing environmental clearances, emphasising the need for regulatory compliance.
  3. Ahmednagar Activism: Local opposition successfully stalled tree felling for the Jal Jeevan Mission Project, leading the Bombay High Court to order a stay.
  4. Punawale Garbage Depot Scrapped: The Maharashtra government scrapped the proposed garbage depot, showing the impact of community voices on policy decisions.
  5. Mulasana Land Scam: Farmers in Gujarat are demanding rights following the revelation of a Rs 20,000-crore land scam, highlighting serious land ownership issues.
  6. Rongmei Naga Demands: The Rongmei Nagas in Manipur are advocating for territorial modifications in Noney district, reflecting ongoing regional tensions.

Updates:

  1. Public outcry continues over the 2000 MW Subansiri hydroelectric project, with locals raising alarms about floods and other disasters caused by the project’s construction around Assam-Arunachal Pradesh border.
  2. Farmers in Dahej continue their protests against the Gujarat Industrial Development Corporation, demanding jobs and compensation as promised during the land acquisition process.
  3. Protests by tribal communities, mainly Kinnauri Tribes, have temporarily stalled the development of a hydroelectric project in Himachal Pradesh, with serious questions about tribal land rights and environmental degradation.
  4. In Gujarat, the government has scrapped the controversial Par-Tapi-Narmada river-linking project, following widespread protests from tribal communities fearing displacement.
  5. The Suru Medium Irrigation Project in Jharkhand, intended to irrigate 4,000 hectares, threatens displacement for four villages. Despite protests and claims that the state violated the Forest Rights Act by not securing consent or offering resettlement, construction continues.
  6. In 2017, the Adani Group acquired 917 acres for a 1,600 MW thermal power plant in Jharkhand's Godda district. Despite a violent public hearing and protests over land acquisition and inadequate compensation, the project advanced. By 2023, Adani Power began commercial operations, supplying energy to Bangladesh. Click here for all the new conflicts and updates.

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Editor,
Nayla Khwaja
Communication Officer