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Legal Review by
Edited by
Updated by
Published on
March 24, 2022
April 27, 2023
Edited on
March 24, 2022
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superintendent that the police had sided with ReNew Power and filed false cases against them, which they demanded to be withdrawn.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.
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
Rural
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?
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?
Categories of Legislations Involved in the Conflict
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.
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
Whether criminal law was used against protestors:
No
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
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:
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?
A Patrika news report on the demand to stop work on the solar power project
Image Credit:
Patrika
Image Credit:
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