Rajasthan
,
Uttam Nagar (Lala Karada)
,
Jaisalmer
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Farmers Oppose Solar Power Project on Khatedari Land in Rajasthan's Jaisalmer
Reported by
Kuber Bathla
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
20
People Affected
2021
Year started
11
Land area affected
Households affected
20
People Affected
2021
Year started
11
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

A solar power project with a capacity of 250 megawatt was commissioned in 2021 by the state to ReNew Power Corporation. The site of the project is spread across different villages in Fatehpur tehsil in Jaisalmer district. In August, a dispute broke out over the project in Lal Karada village on khasra no. 106 and 107 (khasra refers to the survey number of a land). About 15-20 khatedari tenants (people engaged in agriculture who can be liable to pay rent for using the land) claim that the two plots of land belong to them and they refuse to give it up for the project.

The land around khasra no. 106 and 107 has been taken on lease by ReNew Power, but the farmers cultivating on the two plots did not lease the land to the company. However, when ReNew Power tagged the map of the project site online, half of the leased land was shown to be khasra no. 106 and 107. LCW could not verify if it was a technical glitch or a deliberate attempt.

On August 10, when the workers arrived on the disputed plots, the women farmers protested by blocking the access of the JCB. The workers then reportedly sexually assaulted the women and physically assaulted other protesters, besides verbally abusing them. The workers also allegedly destroyed the fencing on the land. The farmers submitted a memorandum to the district collector, additional district magistrate (ADM) and superintendent of police stating how ReNew Power ‘forcibly and illegally’ tried to acquire their land. They demanded a special committee to be set up to measure the land and also demanded compensation for the damage caused by the company’s workers. The farmers also complained to the police superintendent that the police had sided with ReNew Power and filed false cases against them, which they demanded to be withdrawn.

In response, ADM Hari Singh Meena assured the people that the administration would take up the issue soon. On August 26, District Magistrate (DM) Ashish Modi ordered the formation of a committee to investigate the matter, measure the land and submit a report within a week. LCW reached out to Meena and the new DM, Pratibha Singh, for comments. While Singh refused to speak on the matter, Meena told LCW that he was unaware of the issue, which is surprising given that he himself had assured the people of prompt action.

LCW has been informed by sources on the ground that the conflict is yet to be resolved and that the land has not been measured so far. The farmers continue to protest and have submitted a fresh memorandum to the DM.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to get back acquired land

Demand for compensation

Refusal to give up land for the project

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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

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?

Author
Reported by
Kuber Bathla

Rajasthan

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 get back acquired land

Demand for compensation

Refusal to give up land for the project

Complaint against procedural violations

Demand for legal recognition of land rights

Farmers Oppose Solar Power Project on Khatedari Land in Rajasthan's Jaisalmer

Reported by

Kuber Bathla

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Moushumi Sharma

Updated by

Updated by

Published on

March 24, 2022

April 27, 2023

Edited on

March 24, 2022

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2021

Land Area Affected (in Hectares)

11

ha

Households Affected by Conflict

People Affected by Conflict

20

State

Rajasthan

Sector

Power

People Affected by Conflict

20

Households Affected by Conflict

Land Area Affected (in Hectares)

11

ha

Starting Year

2021

Location of Conflict

Uttam Nagar (Lala Karada)

Jaisalmer

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

A solar power project with a capacity of 250 megawatt was commissioned in 2021 by the state to ReNew Power Corporation. The site of the project is spread across different villages in Fatehpur tehsil in Jaisalmer district. In August, a dispute broke out over the project in Lal Karada village on khasra no. 106 and 107 (khasra refers to the survey number of a land). About 15-20 khatedari tenants (people engaged in agriculture who can be liable to pay rent for using the land) claim that the two plots of land belong to them and they refuse to give it up for the project.

The land around khasra no. 106 and 107 has been taken on lease by ReNew Power, but the farmers cultivating on the two plots did not lease the land to the company. However, when ReNew Power tagged the map of the project site online, half of the leased land was shown to be khasra no. 106 and 107. LCW could not verify if it was a technical glitch or a deliberate attempt.

On August 10, when the workers arrived on the disputed plots, the women farmers protested by blocking the access of the JCB. The workers then reportedly sexually assaulted the women and physically assaulted other protesters, besides verbally abusing them. The workers also allegedly destroyed the fencing on the land. The farmers submitted a memorandum to the district collector, additional district magistrate (ADM) and superintendent of police stating how ReNew Power ‘forcibly and illegally’ tried to acquire their land. They demanded a special committee to be set up to measure the land and also demanded compensation for the damage caused by the company’s workers. The farmers also complained to the police superintendent that the police had sided with ReNew Power and filed false cases against them, which they demanded to be withdrawn.

In response, ADM Hari Singh Meena assured the people that the administration would take up the issue soon. On August 26, District Magistrate (DM) Ashish Modi ordered the formation of a committee to investigate the matter, measure the land and submit a report within a week. LCW reached out to Meena and the new DM, Pratibha Singh, for comments. While Singh refused to speak on the matter, Meena told LCW that he was unaware of the issue, which is surprising given that he himself had assured the people of prompt action.

LCW has been informed by sources on the ground that the conflict is yet to be resolved and that the land has not been measured so far. The farmers continue to protest and have submitted a fresh memorandum to the DM.

Fact Sheet

Demand/Contention of the Affected Community

Demand to get back acquired land

Demand for compensation

Refusal to give up land for the project

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common 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

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant based on Renewable Energy Sources) Rules, 2007
Rule 3(4) [Application for allotment of land to be processed and recommended by the District Collector] Rule 5 [Land prohibited under Section 16 of Rajasthan Tenancy Act, 1955, to not be allotted for projects under these rules]
Rajasthan Tenancy Act, 1955
Section 16 [The provision lists types of land over which khatedari rights do not exist. The state government is to declare if such land use needs to change to accommodate cultivation rights]
Environmental Impact Assessment Notification, 2006
Schedule 1, Item 1(a): [Mining of minerals on land more than 50 hectares is a Category A project that requires mandatory environmental clearance]
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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-payment of compensation/promised compensation

Controversial land acquisition by the government

Forced evictions/dispossession of land

Land record discrepancies

Lack of legal protection over land rights

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:

Physical attack

Sexual violence/sexual harassment

Other harassment

Reported Details of the Violation:

When the workers of ReNew Power arrived on khasra no. 106 and 107, the women farmers protested by blocking the access of the JCB. The workers then reportedly sexually assaulted the women and physically assaulted other protesters, besides verbally abusing them. The workers also allegedly destroyed the fencing on the land. The farmers claimed that the police had sided with ReNew Power and filed false cases against them.

Date of Violation

August 9, 2021

Location of Violation

Karada Village, Jaisalmer

Additional Information

Nature of Protest

Protests/marches

Government Departments Involved in the Conflict:

District Magistrate of Jaisalmer

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

LCW called up and emailed the office of ReNew Power and contacted Akshay Sharma but did not get a response.

Name, Designation and Comment of the Government Authorities Approached

LCW called up and emailed the office of ReNew Power and contacted Akshay Sharma but did not get a response.

Corporate Parties Involved in the Conflict:

ReNew Power

Did LCW Approach Corporate Parties for Comments?

Yes

Communities/Local Organisations in the Conflict:

Protests/marches

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

A Patrika news report on the demand to stop work on the solar power project

Image Credit:  

Patrika

Image Credit:  

Video

Sumit Singh Dookia, Jaisalmer

Other Land Conflicts in Rajasthan

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