Gujarat
,
Radhanesda
,
Banaskantha
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Farmers oppose acquisition of 'gauchar' land for 700+ MW Radhanesda ultra mega solar park
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
417
Households affected
2000
People Affected
2016
Year started
1407
Land area affected
417
Households affected
2000
People Affected
2016
Year started
1407
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Farmers in Radhanesada village near the India-Pakistan border in Gujarat's Vav taluka protested against the land acquisition for 700+ MW Radhanesda ultra mega solar park. About 68 hectares of 'gauchar' land and 30 acres of private land had been acquired for the project.

The affected farmers, whose lands were taken over by the company, submitted a petition to Vav Mamlatdar, demanding a halt to the company's activities. They warned that if their grievances were not addressed within seven days, they would be forced to kill themselves in protest. Radhanesada village, with a population of around two thousand, is predominantly inhabited by Rabari, Koli, and Thakor communities.

The then MLA Ganiben Thakor highlighted that the majority of the farmers were against the project, accusing the government of corruption and mismanagement. She stressed that the land, taken at a low price, was essential for the villagers' daily bread and the local economy. The MLA also submitted a petition to the District Collector at Palanpur, warning of severe agitation if the government did not revoke the land allocation.

The petition criticised the government for allocating 400 acres, including 67 hectares of Gauchar land, to a private company, arguing it endangered livestock and contradicted efforts to protect community grazing lands.

Following protests, the government started the re-survey procedure. Karsanbhai Rajput, Sarpanch of Radhanesda group panchayat was quoted as saying that the government will return 68 hectare land. The Environment and Social Impact Assessment report of July 2020 mentioned that "the land parcel, originally owned by the government, has been handed over to the Radhanesda Gram Panchayat (GP) as a goodwill gesture to the local communities for animal grazing purpose." The report further states that the land has been taken on a lease basis for 25 years at Rs 10,000 per hectare per year "with a provision for increase in the lease rate by 15% every three years."

"Though the same is located within the boundary of the solar power park, however, it has been excluded from allotment to any developer and is connected by an access road measuring approximately 5-6 metres," the report stated.

According to the Gujarat Power Corporation Limited (GPCL) website, the plant is now being constructed on 100% government waste land. On August 2021, 400 MW Solar Power Project was commissioned. Meanwhile, 300 MW work is under progress to set up solar projects, where as 100 MW Solar project is under development.

Radhanesada Ultra Mega Solar Park with a capacity of more than 700 MW has been constructed on more than 1400 hectares of land, but even till November 2022 the village where this project is located did not have a wired power connection, according to a report by the BBC Gujarati.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand to cancel the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Non-Forest (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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

259

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

2016

Why did the conflict end?

Community's original demands were met

Following protests, the government started the re-survey procedure. Karsanbhai Rajput, Sarpanch of Radhanesda group panchayat said that the government will return 68 hectare land. The Environment and Social Impact Assessment report of July 2020 mentioned that "the land parcel, originally owned by the government, has been handed over to the Radhanesda Gram Panchayat (GP) as a goodwill gesture to the local communities for animal grazing purpose."

Author
Reported by
Suchak Patel

Gujarat

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

Demand to retain/protect access to common land/resources

Demand to cancel the project

Farmers oppose acquisition of 'gauchar' land for 700+ MW Radhanesda ultra mega solar park

Reported by

Suchak Patel

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

July 28, 2024

August 12, 2024

Edited on

July 28, 2024

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2016

Land Area Affected (in Hectares)

1407

ha

Households Affected by Conflict

417

People Affected by Conflict

2000

State

Gujarat

Sector

Power

People Affected by Conflict

2000

Households Affected by Conflict

417

Land Area Affected (in Hectares)

1407

ha

Starting Year

2016

Location of Conflict

Radhanesda

Banaskantha

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

Farmers in Radhanesada village near the India-Pakistan border in Gujarat's Vav taluka protested against the land acquisition for 700+ MW Radhanesda ultra mega solar park. About 68 hectares of 'gauchar' land and 30 acres of private land had been acquired for the project.

The affected farmers, whose lands were taken over by the company, submitted a petition to Vav Mamlatdar, demanding a halt to the company's activities. They warned that if their grievances were not addressed within seven days, they would be forced to kill themselves in protest. Radhanesada village, with a population of around two thousand, is predominantly inhabited by Rabari, Koli, and Thakor communities.

The then MLA Ganiben Thakor highlighted that the majority of the farmers were against the project, accusing the government of corruption and mismanagement. She stressed that the land, taken at a low price, was essential for the villagers' daily bread and the local economy. The MLA also submitted a petition to the District Collector at Palanpur, warning of severe agitation if the government did not revoke the land allocation.

The petition criticised the government for allocating 400 acres, including 67 hectares of Gauchar land, to a private company, arguing it endangered livestock and contradicted efforts to protect community grazing lands.

Following protests, the government started the re-survey procedure. Karsanbhai Rajput, Sarpanch of Radhanesda group panchayat was quoted as saying that the government will return 68 hectare land. The Environment and Social Impact Assessment report of July 2020 mentioned that "the land parcel, originally owned by the government, has been handed over to the Radhanesda Gram Panchayat (GP) as a goodwill gesture to the local communities for animal grazing purpose." The report further states that the land has been taken on a lease basis for 25 years at Rs 10,000 per hectare per year "with a provision for increase in the lease rate by 15% every three years."

"Though the same is located within the boundary of the solar power park, however, it has been excluded from allotment to any developer and is connected by an access road measuring approximately 5-6 metres," the report stated.

According to the Gujarat Power Corporation Limited (GPCL) website, the plant is now being constructed on 100% government waste land. On August 2021, 400 MW Solar Power Project was commissioned. Meanwhile, 300 MW work is under progress to set up solar projects, where as 100 MW Solar project is under development.

Radhanesada Ultra Mega Solar Park with a capacity of more than 700 MW has been constructed on more than 1400 hectares of land, but even till November 2022 the village where this project is located did not have a wired power connection, according to a report by the BBC Gujarati.

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand to cancel the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

259

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

2016

Why did the conflict end?

Community's original demands were met

Following protests, the government started the re-survey procedure. Karsanbhai Rajput, Sarpanch of Radhanesda group panchayat said that the government will return 68 hectare land. The Environment and Social Impact Assessment report of July 2020 mentioned that "the land parcel, originally owned by the government, has been handed over to the Radhanesda Gram Panchayat (GP) as a goodwill gesture to the local communities for animal grazing purpose."

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Gujarat Renewable Energy Policy, 2023
Para 9 [Solar projects can be set up either on government revenue land or on private land.] Para 28 [Renewable energy projects may be set up on private land, or government waste land allotted by the revenue department/ state nodal agency. Allocation of government waste land to be made on optimum utilization of the entire land parcel.]
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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

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-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

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:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

No items found.

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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

No items found.

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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