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Legal Review by
Edited by
Updated by
Published on
June 24, 2017
May 17, 2022
Edited on
June 24, 2017
The residents of Benghari, Khokhraoma, Katangdi and Nawapara Tenda villages in Gharghoda tehsil of Raigarh district have alleged illegal acquisition for a thermal power plant project. Between 2009 and 2015, Mahavir Energy and Coal Beneficiation Limited (MECBL) had reportedly acquired land for a 540megawatt thermal power plant in the region. But the tribes have accused the company of forgery. Company officials had reportedly coerced Bhengari residents to sell their land. An Amnesty International correspondent spoke to Kalamati Rathia, an adivasi woman from the village, who said: "I had two acres of farmland in Bhengari, which I got from my father. A middleman for Mahaveer frequently visited us and compelled us to sell our land. One day, along with other villagers, they took me to another persons house where they took my signature and gave me INR 2,000. We thought that the company had purchased our land, but the sale deed listed someone else's name as purchaser." Similar incidents of forgery were reported from nearby villages where another company, TRN Energy Private Limited, used threats and intimidation to displace tribespeople from their lands. This led to the Gram Sabhas of these villages to pass a resolution against both the companies in 2015 and 2016. The resolution mentioned that their lands had been purchased through fraud and coercion. In a similar case of land transfer through forgery in Kunkuni village, on May 9, 2017, the National Commission for Scheduled Tribes directed the Raigarh district administration to take necessary action under the SC/ST (Prevention of Atrocities) Act in cases where adivasi land was illegally transferred to other people. The order followed allegations that over 300 acres of tribal land had been unlawfully transferred to nontribal people in Raigarh between 2009 and 2015. On June 14, 2017, around 150 tribal people from four villages in Raigarh came together at the district Scheduled Castes and Scheduled Tribes Welfare (Special) police station to submit criminal complaints against MECBL and TRN Energy under the SC/ST (Prevention of Atrocities) Act. While the police accepted the complaints, they informed the aggrieved persons that a formal FIR would be lodged only after a preliminary enquiry to determine if a cognizable offence had been committed or not. However, reportedly, the villagers claimed that the police did not record the statements from many of the affected households. Amnesty International India wrote to TRN Energy on April 27, 2017, and to MECBL on May 3, 2017, seeking their response to the allegations. Both the companies have not responded to date. The farmers whose lands were taken away have been demanding the return of their land, while some farmers whose land was acquired at low prices have demanded better compensation. In December, the commission also directed the District Magistrate to present records for TRN Energy in Gharghoda tehsil in response to the allegations of illegal land acquisition. A 2018 news report noted that while the villagers continued to protest, the police was yet to file an FIR based on the allegations.
Complaint against procedural violations
Demand for promised compensation
Demand for more compensation than promised
Demand to get back acquired land
Rural
Private
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):
₹
2074
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Land Acquisition Laws, Other
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.
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:
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Yes
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
Involvement of national and international NGOs
Government Departments Involved in the Conflict:
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:
Mahavir Energy and Coal Benefication Limited, TRN Energy Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Janchetna, Amnesty International, People’s Union for Civil Liberties
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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