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Legal Review by
Edited by
Updated by
Published on
February 12, 2018
May 17, 2022
Edited on
February 12, 2018
Gujarat Power Corporation Limited (GPCL) had acquired 2,059 hectares of land of nearly a dozen villages in Gogha tehsil in the [1990s](http://Gujarat Power Corporation Limited, Bhavnagar Energy Company Limited) for the purpose of setting up a 2X250 megawatt lignitebased thermal power plant. The plant is to be set up by Bhavnagar Energy Company Limited (BECL) and promoted by GPCL in Padra village in Ghogha tehsil. However, with the government seeking possession of the land after over two decades, the farmers have been taken aback. The protesting farmers who have been cultivating this land claim that it is fertile. They further allege that BECL also wanted to acquire village pasture land, which is not permissible under the law. The GPCL had acquired land in two batches 1,355 hectares in GhoghaSurka block and 704 hectares in Kharliya block in the late 1990s for the power plant. However, the company did not start the work and the land continued to be cultivated by the original land owners. The government has acquired the land in Badi, Padva, Hoidal, Malekvadar, Morsal, Thoradi, Rampar, Surka, Alapar, Khadasaliya, Thadsar and Lakhanka villages. A farmer, Revantsinh Gohil, who led the agitatation, said, "All of a sudden after two decades, the company officials came with machines to start construction. As per the rule, if the land is not used for the project for over five years, the acquired land should be handed over to its original owners." In December 2017, around 100 farmers from 12 villages in Gogha protested against the state's move to take possession of their land. The farmers demanded that the land be returned to them or they be given compensation as per the current prevailing law. GPCL has reportedly told the media that the farmers were paid compensation five times higher than the market rate two decades ago and that the company has rights to the land and also representation from the farmers. On April 1, 2018, the farmers clashed with the GPCL team and police in Padva and Badi villages, forcing the cops to lob at least 40 teargas shells and resort to lathicharge. At least 50 farmers were detained. The GPCL team had gone there with earth movers to begin mining of lignite. The farmers wanted GPCL to wait till the high court disposed of the matter. As a mark of protest, on April 3, 2018, parents of around 900 children withdrew the admission of their wards from school. The villagers fear after their land is acquired, they will have to do odd labour jobs and would not be able to fund the education of their children. They have even submitted applications seeking school leaving certificates. On April 8, around 2,000 farmers were protesting nonviolently in Bedi against GPCL's possession of the land. They had come with plans to give roses to police personnel and government officials. But the police used two rounds of teargas shells to disperse the crowd. On April 24, over 5,000 farmers and their families from Ghogha wrote to the president and the prime minister requesting "ichha mrityu" (mass euthanasia) as their land was forcibly acquired by GPCL. The farmers in their letter requested to be gunned down by Indian Armed Forces. About 50 people from the 12 villages sat on hunger strike in Badi village every day. However, the land was acquired despite the protests, and mining commenced even as farmers filed a legal case challenging the acquisition and possession of the land. Between December 2019 and December 2020, the farmers complained elevated lands and cracked surfaces caused by mining in the area acquired. But GPCL authorities claimed that the elevation was due to the pressure of water in the upper strata of land in the region. In January 2021, the Gujarat Pollution Control Board (GPCB) issued a showcause notice to GPCL for operating a lignite mining site in Bhavnagar district allegedly in violation of various environmental rules, regulations and statutory provisions. In a recent letter to various state and Union authorities, Rohit Prajapati and Krishnakant from Paryavaran Suraksha Samiti have[ demanded](http://Paryavaran Suraksha Samiti) that GPCB issue a closure notice to GPCL and immediately stop the mining activity at the site because of its harmful effect on groundwater, farmlands, air, agriculture and health of the village residents and livestock. Between November 2020 and March 2021, the nonprofit has submitted seven letters, but the GPCB is yet to take action.
Demand to get back acquired land
Demand for compensation
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
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
5000
Type of investment:
Cost of Project
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
Land Acquisition Laws, 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:
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 Gujarat, Supreme Court of India
Case Number
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:
Around 2,000 farmers were protesting non-violently against GPCL's possession of the land. They had come with plans to give roses to police personnel and government officials. But the police allegedly used two rounds of teargas shells to disperse the crowd.
Date of Violation
April 8, 2018
Location of Violation
Bedi village
Nature of Protest
Government Departments Involved in the Conflict:
Gujarat Pollution Control Board
PSUs Involved in the Conflict:
Gujarat Power Corporation Limited, Bhavnagar Energy Company Limited
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:
Paryavaran Suraksha Samiti
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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