Reported by
Legal Review by
Edited by
Updated by
Published on
September 24, 2019
May 17, 2022
Edited on
September 24, 2019
The Kathautia Coal Mining project, spread across Kathautia, Kajri, Garikhas, Sika, Palhekhurd, Sakhui and Batsara villages in Daltonganj tehsil, was allocated to Usha Martin Limited in 2003. The project received the environmental clearance in 2006 and mining started in 2007. Protests against land acquisition and lack of compensation have been held since 2007, but they intensified from 2012 onwards. The mining company dug pits around the houses of those who refused to give up their land. Villagers also lost vast swathes of agricultural land to the open cast mine. Land owners held numerous demonstrations at the village level and at the mining office and had also filed FIRs complaining about intimidation by the company, land grab and harm caused by blasting. In 2014, the Supreme Court cancelled the mining lease granted to Usha Martin in the wake of the coal scam. The block was allotted to Hindalco through eauction in 2015. That year, the then Commissioner of Palamu, N.K. Mishra, submitted an enquiry report to the Department of Revenue and Land Reforms and the Personnel, Administrative Reforms and Rajbhasha Department, highlighting violations of multiple sections of the Chotanagpur Tenancy Act, 1908, loss of billions in revenue to the state in the sale of land for the coal project and misuse of powers by then Deputy Commissioner Pooja Singhal, then Land Acquisition Officer Uday Kant Pathak and then Circle Officer Alok Kumar to transfer land to Usha Martin. The report stated that the nature of 82 acres of junglejhari (deemed forestland) in the mining area was misrepresented to facilitate the illegal transfer of the land to evade the scanner of the environment ministry. Following this report, a revenue department official was suspended, but no action was taken against the others named in the report. Rajeev Kumar, state secretary of the All India Trade Union Congress, Jharkhand, filed a Special Leave Petition (SLP) at the Supreme Court in 2017 alleging irregularities in land acquisition by Usha Martin. His petition alleged acquisition of forestland without forest clearance as well as land acquisition from poor and marginal farmers in violation of the CNT Act, 1908, and the Coal Bearing Areas (Acquisition and Development) Act, 1957. Attesting to Mishra's report, the petition stated that the project has caused mass displacement and that the land acquisition was invalid and was done without paying adequate compensation to the affected people. The petition also stated that the land was transferred through coercion and deceit. According to Kumar, coal mining in the area has polluted the Durgawati river and dried up wells in the vicinity, causing scarcity of potable water. Kumar also mentioned that both concrete and mud houses in the area were destroyed as an impact of blasting. In July 2017, the divisional forest officer of Medinanagar directed Hindalco to stop mining on 344.16 acres of forestland, including the _junglejhari _land as it did not have forest clearance. Three months later, Hindalco filed a writ petition against the order at the Jharkhand high court. On October 13, 2017, the court issued an interim order directing Hindalco to not undertake mining on forestland. The petition is currently being heard. Between March and May 2019, at least 26 land owners affected by the mining project filed writ petitions at the high court, alleging forceful acquisition of land in violation of the CNT Act. The petitions as well as the SLP filed at the Supreme Court are currently being heard. According to a media report, a protest against the project held in February 2019 turned violent and six dozen villagers were injured when they clashed with the police.
Refusal to give up land for the project
Demand for promised compensation
Complaint against procedural violations
Opposition against environmental degradation
Rural
Both
Forest and Non-Forest
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):
₹
6800
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
Land Acquisition Laws, Forest and Scheduled Area Governance Laws, Other
Legislations/Policies Involved
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.
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:
Forced evictions/dispossession of land
Non-implementation/violation of LARR Act
Non-payment of compensation/promised compensation
Controversial land acquisition by the government
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 Jharkhand, Supreme Court of India
Case Number
WP No. 4133/2016 (Jharkhand HC); WP No. 6046/2017 (Jharkhand HC); SLP 22647/2017 (Supreme Court)
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:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Divisional Forest Office, Medinanagar
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:
Usha Martin Limited, Hindalco Industries Limited, All India Trade Union Congress
Did LCW Approach Corporate Parties for Comments?
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?
Image Credit:
Image Credit:
© 2023 Nut Graph LLP
All Rights Reserved.
