Chhattisgarh
,
Rainpur village, Pali block
,
Korba
Published :
Feb 2021
|
Updated :
Chhattisgarh Revenue Department Demolishes Homes of Tribespeople to Build Cow Shelter
Reported by
Deepika Joshi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
29
People affected
2018
Year started
3
Land area affected
Households affected
29
People Affected
2018
Year started
3
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In June 2019, a group of officials, comprising members of the panchayat and revenue department and two policemen, reached Rainpur village with a JCB to demolish six houses, including one built under the Pradhan Mantri Awas Yojana. They demolished the houses without any notice, Hem Singh Markam, who lost his house, told LCW. Another resident informed LCW that while the police was threatening the residents, the officials started the demolition drive, claiming that the land is sarkari zameen (government land) and is meant for a cow shelter. The six houses belonged to people from the Gond tribe and Yadav and Chauhan communities. They say that they have been living and farming on the forestland for more than four generations. They claim to have submitted applications under the Forest Rights Act, 2006, multiple times but said that their applications were not processed and they did not even get acknowledgement receipts for their applications. Earlier too, in 2018, another house and farming land were allegedly destroyed by the authorities. Some of the affected people had filed a police complaint against the sarpanch (head of panchayat). They were not given a copy of the complaint either. After their houses were demolished, the six families lived in makeshift homes with tarpaulin sheets for a year, even during the monsoons. Only recently, they have made mud houses. During the demolition drive, their household goods were also damaged and foodgrains were stolen. Markam informed LCW that one of his family members lost the Transfer Certificate of 10th standard and could not get admission in school in 11th standard. When the families went to the district collectors office to protest, they were given verbal assurance that the houses would be rebuilt and that the administration would send them tarpaulin sheets, medical help and other necessary aid, but the families got no help. Only a nurse came to check on them during the monsoon season, says one of the residents. In the year following the demolition, the families have filed several police complaints and have attended multiple hearings. Our attendance is taken by the lawyer and he gives us a next date for the hearing. Nothing more happens, Markam says. In addition to them, there are currently 75 households that have not received titles for their land. A few months after the demolition, about 100 residents from the same village protested at the Pali block office, demanding receipt of their FRA applications. The block office finally gave them receipts, but their claims are yet to be processed. In October 2020, again about 100 people protested twice in front of the panchayat office, demanding receipt of their FRA applications. After daylong agitations, the authorities finally handed them the receipts.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest

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

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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Revenue department, Police department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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:

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
Deepika Joshi

Deepika has been working in Chhattisgarh on health systems, social determinants of health, food security, tribal health and forest rights through research, advocacy and community engagement. She is an active member of the People’s Health Movement, Right to Food Campaign and People’s Union for Civil Liberties, Chhattisgarh.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for legal recognition of land rights

Complaint against procedural violations

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

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

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