Reported by
Legal Review by
Edited by
Updated by
Updated by
Published on
October 9, 2019
July 15, 2024
Edited on
October 9, 2019
Other Kind of Land Use
Wildlife Sanctuary
Starting Year
Kanwar Lake, Asia's largest freshwater oxbow lake, in Begusarai district has been reduced to a vanishing wetland ecosystem as a result of encroachments, coupled with government inaction to save the natural aquifer. The lake was declared a protected area in 1986 by the Bihar government under the Wildlife (Protection) Act of 1972, which prohibited poaching, agricultural, industrial or any other activity in the area. In 1989, the Union government declared the wetland a bird sanctuary.
An extensive study on the wetland in 2012 by Ashok Ghosh, a scientist and chairman of the Bihar State Pollution Control Board, found that the lake had covered 6,786 hectares in 1984, but by 2012, it had shrunk to 2,032 hectares. Alarmingly, in 2018, the lake area was deemed to be a mere 89 hectares.
Ghosh attributes the shrinking wetland to encroachments by farmers who have built shanties and houses as well as to land sharks engaging in construction activities. The biggest casualty of the encroachment is the local fisherfolk - Sahnis - whose livelihood is at stake. They are at loggerheads with the farmers who want to practise agriculture on most of the land area of the lake. They also want the area to be developed as Krishi Evam Pakshi Vihar. Further, administrative apathy combined with eventual degradation of land and pollution has also impacted fishery activities.
However, in a welcome change, in October 2020, Kanwar Lake was designated as a Wetland of International Importance under the Ramsar Convention, an international treaty for conservation and sustainable use of wetlands, making it the first Ramsar site in Bihar. This was applauded as a much needed step to protect the wetlands and minimise conflicts in the area.
As of June 2024, the conflict between the fishermen and farmers remain unresolved as the former believes an expansive water body will provide them with a better catch of fish, while the latter thinks it will ruin agricultural activities and affect their livelihood prospects
According to Anmol Kumar Sharan of Manjhaul village, several mouzas (revenue villages) were included under the Kawar Lake Bird Sanctuary, making farming in the notified areas illegal. He adds that the ban on sale of land worsened their situation as they are not able to raise money.
RK Ravi, divisional forest officer (DFO) of Begusarai, points out that out of the 6,311 hectares of the bird sanctuary, only 2,620 hectares of wetland constitutes the Ramsar site. “At least 50% of the 6,311 hectares may be government land. Farmers may have some share in the notified land."
However, nobody has a clear answer when it comes to land ownership due to the lack of mapping of the area. While the Sub-Divisional Magistrate says that mapping and assessment of how much area should come under the wetland and bird sanctuary are the forest department’s job, he adds, no meeting has been held to resolve the mapping issue since 2021.
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Rural
Common
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
Water bodies, Agricultural land
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?
Categories of Legislations Involved in the Conflict
Other, Environmental 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.
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:
Violation of environmental laws
Violation of standard international laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Bihar at Patna
Case Number
Civil Writ Jurisdiction Case No.11444 of 2013, Letters Patent Appeal No.2182 of 2015,
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
Government Departments Involved in the Conflict:
Environment, Forest and Climate Change Department, Department of Revenue and Land Reforms
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Fisherfolk, Farmers
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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