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Legal Review by
Edited by
Updated by
Published on
June 18, 2020
July 13, 2023
Edited on
June 18, 2020
The plan to develop the ports of Bhavanapadu and Machilipatnam are part of the Central governments Sagarmala scheme for its agenda of portled economic development. In 2015, the Andhra Pradesh government issued a land acquisition ordinance by amending the LARR Act, 2013, to acquire land for various projects, including 4,500 acres for the Bhavanapadu port. However, the notification to acquire land for the project was backdated to August 28, 2015, instead of September 12, 2015, before the expiry of the ordinance on August 31. In the ordinance, the requirement to obtain consent of 70 per cent of the affected population and to conduct a social impact assessment were removed. The farmers and fisherfolk in the area opposed the land acquisition for the project. Speaking in a public meeting, a YSR Congress leader said that "fisherfolk cannot live in other places once their lives were detached from the sea, the leader said. The government had hurriedly issued the notification just a few days before the ordinance lapsed. It is nothing but backstabbing people. We will expose the governments ill motives for sure, she added. The leaders from YSR Congress asked the affected people to submit petitions from each family at the Collectors Grievance Cell, opposing the sea port. Due to the resistance, the land requirement for the port was reduced to 2,500 acres in 2016. The government claimed that this will not infringe into any of the villages and that the port will be built along the shore line. In January 2018, Adani Ports was selected as the developer after successfully bidding for the port. In October that year, the government stated in a new proposal that it will need 2,321 acres for the port to be constructed by Adani 578 acres in Devunaltada, 1,439 acres in Marripadu and 304 acres in Bhavanapadu villages. Rolling back on the earlier statement that the port will not infringe any village, the new proposal stated that the people of Devunaltada and Marripadu villages would be required to completely vacate their villages. The government in return promised monetary compensation and special package to the farmers who would give up their land. It has proposed a colony for all the displaced families, including the landless poor. A suitable plot of land is being identified in the mandal itself to enable the villagers to reside near the coast. A fishing jetty is also being planned for the benefit of the villagers. According to the local administration, "the fisherfolk and local community has positively responded to the proposed package". In January 2019, the government announced that it would provide compensation to 2,300 families. In April that year, it was reported that the district administration is in the process of conducting a comprehensive survey of the land, structures and horticulture crops in the proposed villages. In April 2020, Adani Ports abandoned the deal and refused to "sign the concession agreement, citing issues like land acquisition for over a year". However, the government is now planning to restructure the port based on the Landlord model, in which the state will handle infrastructure and land acquisition for the port and a private entity will run the cargo.
Refusal to give up land for the project
Demand to retain/protect access to common land/resources
Rural
Both
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?
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):
₹
3725
Type of investment:
Investment Expected
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Forest and Scheduled Area Governance Laws
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.
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:
Controversial land acquisition by the government
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Refusal of compensation
Government Departments Involved in the Conflict:
Govt. of the State of Andhra Pradesh
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Infrastructure Corporation of Andhra Pradesh (INCAP)
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Communist Party of India (Marxist), Communist Party of India, YSR Congress, Indian National Congress
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?
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