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Legal Review by
Edited by
Updated by
Published on
September 1, 2016
May 17, 2022
Edited on
September 1, 2016
In 2009, the Nuclear Power Corporation of India Limited decided to establish a 1,400megawatt nuclear power plant in Chutka village in Mandla district. Madhya Pradesh Power Generating Company Limited (MPPGCL) is the nodal agency to execute the project. After the idea for the power plant was proposed, the government allotted 16.5 hectares of land to the power company. The project is estimated to displace 70,000 people in 54 villages in the district. The plant is likely to consume 7,25,76,000 cu.m. of water every year from the reservoir, which will reduce the total water flow of the Narmada river. The people who are likely to be displaced were earlier affected and rehabilitated in Mandla by the Bargi Dam project. Mandla district is covered under the Fifth Schedule of the Indian Constitution, where land cannot be acquired without the consent of the gram sabha. The land was allotted to MPPGCL without the consent of the residents or the gram sabha, violating the Forest Rights Act. Village assemblies of Patha, Kundla and Tatighat rejected the government's proposal to set up the nuclear plant, and they also refused the rehabilitation plan to shift them to Potla village. Despite the opposition, in 2015, the state government deposited money into the bank accounts of about 450 projectaffected families. In May 2017, the power plant was granted forest clearance for diversion of 119.46 hectares of forestland by the Ministry of Environment, Forests and Climate Change. In September 2018, when the affected people refused to share their Aadhar details with MPPGCL for compensation as they did not want to part with their land, the company obtained the information through the banks and deposited the compensation amount directly in their accounts. Meanwhile, the residents of the affected villages have been complaining of contaminated water and environmental pollution. Activist Medha Patkar, who is lending her voice to the cause, is quoted in a news report as saying, "Under the Fifth Schedule of the Indian Constitution, the governor has the power to annul any law that goes against tribal interests; the government is doing the opposite." She cited a Supreme Court ruling in the case of the Omkareshwar Dam oustees to argue that "payment of compensation does not mean the affected people have accepted the terms". With the Lok Sabha polls around the corner in 2019, the movement against the power plant became an election issue. People put up posters on trees stating, 'Vote only for the party that cancels the power plant.' In September 2019, labourers belonging to the plant developers came to the villages unannounced and started digging the ground. The residents forced the labourers to flee. The struggle against the plant has continued. In February 2020, the Chutka Parmanu Sangarsh Samiti circulated an appeal against the plant stating their grievances. Earlier, the members of representing organisations such as the Jal, Jangal, Jameen and Jeevan met with MP Governor Lalji Tandon demanding cancellation of the project.
Refusal to give up land for the project
Rural
Both
Forest and Non-Forest, 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):
₹
16550
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
Land Acquisition Laws, Forest and Scheduled Area Governance Laws, Environmental Laws, Case Laws, Constitutional Law
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:
Non-implementation/violation of FRA
Non-implmentation/violation of PESA
Violation of free prior informed consent
Controversial land acquisition by the government
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
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:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Development of a network or collective
Protests/marches
Objections as part of official procedures
Government Departments Involved in the Conflict:
Madhya Pradesh Pollution Control Board; Ministry of Environment, Forests and Climate Change
PSUs Involved in the Conflict:
Nuclear Power Corporation of India Limited, Madhya Pradesh Power Generation Company
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Nuclear Power Corporation of India, Madhya Pradesh Power Generation Company
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Chutka Parmanu Sangarsh Samiti, Gondwana Gantantra Party, Communist Party of India, Shiksha Adhikar Manch Bhopal, All India Revolutionary Students Organisation, Revolutionary Youth Federation of India, Madhya Pradesh Mahila Manch, Womens Rights Network, Chutka Virodhi Sangharsh Samiti
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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