Maharashtra
Tasgaon, Khavte Mahakal, Shirala, Khanapur talukas (among others)
,
Satara
,
Sangli
Published :
Mar 2024
|
Updated :
Farmers oppose Suzlon windmills in Maharashtra's Sangli and Satara, secure land lease for panchayat
Reported by
Malavika Neurekar
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
1346
People affected
2007
Year started
1815
Land area affected
Households affected
1346
People Affected
2007
Year started
1815
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Residents of Chikhli village in Maharashtra’s Satara district forced 41 wind turbines, being operated by energy company Suzlon, to shut down on May 7, 2008. Villagers were protesting the acquisition of land through dubious and fraudulent means. They alleged that there were several irregularities in the purchase of land, largely done through mediators, and that they had been paid lower than the fair market value.

The Chikhli protest was not an isolated incident, but part of larger agitation brewing against wind energy companies across Satara and Sangli districts. According to a document prepared by the Shramik Mukti Dal and submitted during a meeting with the state revenue minister, as on January 2, 2009, villagers in four talukas in Sangli alone had submitted 699 complaints relating to fraudulent purchase of land and 242 complaints relating to encroachment by energy companies.

According to Bharat Patankar, co-founder and president of Shramik Mukti Dal, the land that had been acquired by wind energy companies was located on the hill slopes and drought-prone regions in the two districts. The high velocity of wind in these regions makes it ideal for energy companies. “Sometime around 2007-08, many agents started visiting the area and surveying the land for these companies. They took unofficial permission from the government to buy the land and took money from the companies. They made it seem like the villagers had no option but to sell their land.”

“We had already been involved with many farmers’ movements in the region so during this time, the farmers approached us and requested our help in raising the price for purchase of the land,” said Patankar. “But we disagreed with the sale of land in principle. We said that at the most, the land should be leased out to the companies and the farmers should continue to be owners of the land and receive rent.” He added, “Wind is a natural resource. It does not belong to the companies. So we said if they are gaining capital from it, they should pay some royalty to the villages in lieu of using the wind in their area.”

Around the same time, similar resistance against energy companies had taken root in the tribal regions of Nandurbar and Dhule districts in Maharashtra. It points to the extensive presence of energy companies across the state, in part fuelled by a deliberate push by the state government to incentivise these activities since the late 1990s. In 1996, the Maharashtra Energy Development Agency (MEDA) piloted a wind power project with Suzlon. The company acquired huge tracts of land in Satara and built up the wind energy infrastructure. It then sold both the power plants and land to other companies, leading to an influx of private companies in the region.

However, a rise in the number of wind farms did not result in an increase in wind energy generation. A report by Down to Earth found that wind farms in Maharashtra functioned at a Plant Load Factor of just 11.7% in 2007-08. Plant Load Factor refers to the ratio between the actual energy generated by the plant to the maximum energy that can be generated. As the report points out, “companies have merrily installed plants, not to generate power, but to gain from tax and depreciation benefits.”

According to Patankar, in Satara and Sangli, cultivators traditionally come from Kunbi-Maratha, Dhangar, and Mali castes, and these groups were most affected in this part of the state. Companies present in the region include Suzlon, Enercon, Vestas, Maruti Wind Park, and TS Wind Power, among several other national and global players.

Between 2007 to 2013, multiple representations were made to official representatives. Documents accessed by LCW reveal that Shramik Mukti Dal held several meetings with the state revenue and energy ministers, among others. Among their key demands was the leasing of land to power companies with farmers continuing to retain ownership of land and the levying of an annual tax payable to the panchayat. The organisation was insistent that the decision be taken at the state level so the decision would apply uniformly to all regions.

The organisation also raised several other concerns, including the erection of electric poles on farmland, damage to roads due to transport of heavy machinery, depletion of ground water, and negative impact on crop production due to windmill operations. “The farmers shut down a number of windmill farms being operated in the region during this time,” said Patankar.

The negotiations ultimately culminated into a pivotal meeting on June 3, 2010, presided by Ajit Pawar, at the time minister for energy and water resources in the state. According to documents accessed by LCW, it was decided that the land lease would be fixed based on ready reckoner rates for a period of 30 years and would be paid by the company to private farmers over this period. On June 22, 2010, The Times of India reported that the Maharashtra government was in the process of creating the land lease policy for windmill projects. On the issue of taxation, it was decided that companies would pay Rs 15,000 per megawatt of wind energy capacity to the panchayat. Confirming this, Patankar said, “For the last 8-9 years, companies have been paying this amount to villages, whether the production is going on or not.” The decision was applied uniformly across affected villages in Satara and Sangli districts, and represents an unusual victory against private corporations. Windmill protesters in Nandurbar and Dhule have also looked to this policy as a positive step, including in their demands a replication of what they call “the Sangli model.”

The June 3 meeting also directed the setting up of a district-level committee to resolve disputes of encroachment, with the provision to appeal to the Divisional Commissioner in case of non-resolution of dispute. In the cases where land had been sold voluntarily, status quo would be maintained. Cases with allegations of irregularities and fraud in land purchase would be decided on by the collector.

Despite the policy-level success, the region continues to remain tangled in a number of individual-level disputes. “In the funds that are coming to the panchayat, there have been instances of corruption and misuse of funds,” said Patankar. “Now, several cases are lying before the tehsildar, collector, and district court. In some cases, the companies have moved the court. There must be at least 100 such cases.”

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand to get back acquired land

Refusal to give up land for the project

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

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?

Yes

When did it end?

2012

Why did the conflict end?

Community's original demands were met

On June 3, 2010, in a meeting presided by Ajit Pawar, the Maharashtra government agreed to two key demands - leasing of land and tax payable to panchayat - put forward by farmers. Subsequently, the state began the process of drafting the policy. LCW has accessed a letter by one of the energy companies, Enercon, where they have agreed to make the mandated payments to the farmers. Bharat Patankar, who led the negotiations, said that companies operating in the region have been paying the villages over the past 8-10 years.

4
Additional Information

Government Departments Involved in the Conflict:

Maharashtra government, Ministry of Energy, Ministry of Revenue, District Collectors, Gram Panchayats

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Suzlon, Enercon, Vestas, Maruti Wind Park, TS Wind Power, Kenersys India, RS India Wind Energy, RRB Energy (among others)

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Shramik Mukti Dal

5
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?

Legal Supporting Documents

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Author
Reported by
Malavika Neurekar

Malavika graduated from Azim Premji University with a Master's in Development. She has worked as a journalist and has written for Hindustan Times, Scroll and Mint Lounge.

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Fact sheet

Demand/Contention of the Affected Community

Demand for compensation

Demand to get back acquired land

Refusal to give up land for the project

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

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

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