Kerala
Chillavanoor, Edapally, Thevara, Broadway Market
,
Perandoor
,
Ernakulam
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Canal rejuvenation project set for a rollout despite opposition from community members in Kochi, Kerala
Reported by
Viswanathan Shridhar
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
677
Households affected
3930
People Affected
2020
Year started
182
Land area affected
677
Households affected
3930
People Affected
2020
Year started
182
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The Kochi Metro Limited proposed to revive and regenerate six canals and create an inland navigation system in the city. This project was launched in November 2019. The first step towards this project involved the reclamation of land around the canals through land acquisition and conducting social and environmental impact assessments for the project. One of the larger stated goals of this project is that it would build infrastructure for fueling tourism in the state. 

The project however has been opposed by locals who are likely to face eviction for the implementation of the project. They are claiming that procedures are not being followed. Allegations of financial irregularities have also been made by community members who are opposed to the project. 
 
The project though delayed beyond its original deadline, was set for rolling out in March 2023. The concerns of the community members are yet to be addressed. 

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

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

Original Project Deadline

2023

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Residential area, Commercial

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

1418

Type of investment:

Cost of Project

Year of Estimation

2020

Page Number In Investment Document:

25

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Viswanathan Shridhar

Kerala

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Canal rejuvenation project set for a rollout despite opposition from community members in Kochi, Kerala

Reported by

Viswanathan Shridhar

Legal Review by

Priyansha Chouhan, Anmol Gupta

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

August 2, 2023

August 3, 2023

Edited on

August 2, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Urban Regeneration & Inland Navigation System

Starting Year

2020

Land Area Affected (in Hectares)

182

ha

Households Affected by Conflict

677

People Affected by Conflict

3930

State

Kerala

Sector

Infrastructure

People Affected by Conflict

3930

Households Affected by Conflict

677

Land Area Affected (in Hectares)

182

ha

Starting Year

2020

Location of Conflict

Perandoor

Chillavanoor, Edapally, Thevara, Broadway Market

Ernakulam

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Urban Regeneration & Inland Navigation System

Land Conflict Summary

The Kochi Metro Limited proposed to revive and regenerate six canals and create an inland navigation system in the city. This project was launched in November 2019. The first step towards this project involved the reclamation of land around the canals through land acquisition and conducting social and environmental impact assessments for the project. One of the larger stated goals of this project is that it would build infrastructure for fueling tourism in the state. 

The project however has been opposed by locals who are likely to face eviction for the implementation of the project. They are claiming that procedures are not being followed. Allegations of financial irregularities have also been made by community members who are opposed to the project. 
 
The project though delayed beyond its original deadline, was set for rolling out in March 2023. The concerns of the community members are yet to be addressed. 

Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Type of Common Land

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

2023

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Residential area, Commercial

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

1418

Type of investment:

Cost of Project

Year of Estimation

2020

Page Number In Investment Document:

25

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Section 4 [The Estate Officer is required to issue notice to person involved in unauthorised occupation of public premises, within seven working days of receiving information about such occupation] Section 5 [Eviction of unauthorised occupants to happen only after notice under Section 4 is issued and after personal hearing. Any order of eviction passed by the estate officer to contain recording of reasons]
Coastal Regulation Zone Notification, 2011
Point 4.2 [Provides the procedure for clearance of permissible activities which involves mapping, approval, Environment Impact Assessment, post-clearance monitoring, etc. by the concerned Authority for the project.]
Environmental Impact Assessment Notification, 2006
Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment] Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment] Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report]
Solid Waste Management Rules, 2016
Rule 15 [Duties and responsibilities of the local authorities and village panchayats, including responsibility for efficient waste disposal]; Rule 16 [Duties of State Pollution Control Board and Pollution Control Committee include addressing concerns, issuing and revoking authorizations for violation of the rules];
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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.

Whether claims/objections were made as per procedure in the relevant statute

No

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:

Violation of environmental laws

Non-consultation with stakeholders

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal (Southern Zone)

Case Number

O.A. No. 27 of 2021

Main Reasoning/Decision of court

On July 17, 2023, the Tribunal issued directions to the Kerala Pollution Control Board and state government to address the issue of eradication of water hyacinths. The Tribunal stated that once a project proposal from NEERI is received, the authorities will be granted sanction to proceed further. The matter is ongoing.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Kerala Coastal Zone Management Authority, District Administration, Coastal Shipping and Inland Navigation Department, Kerala Infrastructure Investment Fund Board, Thrikakkara, Kalamassery and Thripunithura Municipalities, Elected Representatives from the Local Wards

PSUs Involved in the Conflict:

Kochi Metro Rail Limited

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:

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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