JOIN THE LCW
COMMUNITY

Exclusive monthly policy briefs, stories from the ground, quarterly analytics report, curated expert talks, merchandise and much more. Support our work!

Sign up today

Gorakhpur Nuclear Plant Affected Families Demand Promised Jobs

Reported by

Surabhi Bhandari

Legal Review by

Edited by

Updated by

Published on

October 2, 2016

March 18, 2024

Edited on

October 2, 2016

State

Haryana

Sector

Power

People Affected by Conflict

500

Households Affected by Conflict

846

Land Area Affected (in Hectares)

607

ha

Starting Year

Location of Conflict

Gorakhpur

Fatehabad

Reason or Cause of Conflict

Nuclear Power Plant

Land Conflict Summary

Conflict began in 2010 when a nuclear power plant was proposed at Gorakhpur village in Haryana's Fatehabad district. The government had to acquire 1,400 acres (three villages) for the purpose, which included private as well as common land. After agitating for two years, farmers of all the villages gave up their land in early 2016. However, common grazing land, where residential complex for staff of the plant had to come up, became a matter of conflict.
The villagers have challenged the takeover of this common land in the National Green Tribunal. They argue that the wildlife in the region including blackbucks will be affected with the project.
Furthermore, the affected people allege that they were paid lesser compensation than what was promised during land acquisition. They are also demanding for jobs promised in the plant.
In June 2018, Haryana government decided to relocate the residential complex and gave 194 acres of land in Agroha town to Nuclear Power Corporation of India Limited (NPCIL), union government's project implementing agency.
In September 2018, the NGT ruled against the demands of the villagers.
In January 2019, site excavation works have started and according to the government, the first phase of the plant is expected to commence operations in 2025.
As the villagers also approached the Haryana and Punjab High Court arguing that the state government did not provided them with the promised jobs, in September 2020, the court directed the state government to provide the jobs in three months.
In March 2021, NGT dismissed a review petition against its previous order filed by Akhil Bhartiya Jeev Raksha Bishnoi Sabha (ABJRBS), environment conservation organisation. "We have challenged the NGT order in Supreme Court," said Vinod of ABJRBS.
Stating that the conflict is ongoing, Vinod said: "Many project affected families are being denied jobs in the nuclear plant and the wildlife in the region is still under threat as NPCIL did not come up with a conservation plan for the region it acquired."

Fact Sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Demand for employment

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Grazing 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

2028

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

23502

Type of investment:

Investment Expected

Year of Estimation

2010

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

Central/State Government Policy, Environmental Laws, Land Acquisition Laws

Legislations/Policies Involved

Land Acquisition Act, 1894
Section 4: Notice for acquisition of land; Section 5A: Hearing of objections; Section 17: The state government has the power to take possession of land needed for a public purpose in cases of emergency; Section 15 read with Sections 23 and 24: These provisions list matters that must be considered and neglected (respectively), while determining the amount of compensation; Section 31: Collector must pay interested persons in terms of the Section 11 award.
Revision of minimum floor rates and the Policy for Rehabilitation and Resettlement of Land Owners - Land Acquisition Oustees, 2010
Point 16: The revised policy provides for 'no litigation incentives' that may be offered to landowners, where certain additional benefits may be offered in exchange for curtailing litigation proceedings relating to the land under acquisition.
Civil Liability for Nuclear Damage Act, 2010
As the nuclear project commenced after the promulgation of this law, it is subject to a no-fault liability regime in case of nuclear damage or any nuclear incident that harms people. The act provides for this regime and additionally provides for prompt payment of compensation to victims.
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

Lack of legal protection over land rights

Controversial land acquisition by the government

Non-payment of compensation/promised compensation

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal, High Court of Punjab and Haryana

Case Number

NGT - Appeal No. 8 of 2014 and Review Application No. 6 of 2021; HC - CWP No. 689 of 2012 and CWP No. 15656 of 2020

Main Reasoning/Decision of court

NGT - The NGT dismissed a legal challenge to the project, holding that concerns for the wildlife population in the area had been addressed by the authorities while granting environment clearance. A review application against this order was dismissed on 4th March 2021. HC - The HC dismissed a legal challenge to the acquisition of land under the project, holding that prior environmental clearance for the nuclear plant was not required at the time of issuing the notification under S. 4 of the 1894 Act or at the time of passing the award. The HC also observed that most of the affected persons had been compensated and that the power plant was a project in public interest while upholding the land acquisition notifications. In separate proceedings on 29th September 2020, the High Court ordered the state government to provide jobs to families whose land was acquired for the project within 3 months.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Advocacy (for inclusion in courts)

Complaints/petitions/letters/memorandums to officials

Campaigns (grassroots organisations/press releases/media)

Government Departments Involved in the Conflict:

Union Government, Governemnt of Haryana

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:

Nuclear Power Corporation of India Ltd

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Local Villagers

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

Image Credit:  

Image Credit:  

Video

Conflict began in 2010 when a nuclear power plant was proposed at Gorakhpur village in Haryana's Fatehabad district. The government had to acquire 1,400 acres (three villages) for the purpose, which included private as well as common land. After agitating for two years, farmers of all the villages gave up their land in early 2016. However, common grazing land, where residential complex for staff of the plant had to come up, became a matter of conflict.
The villagers have challenged the takeover of this common land in the National Green Tribunal. They argue that the wildlife in the region including blackbucks will be affected with the project.
Furthermore, the affected people allege that they were paid lesser compensation than what was promised during land acquisition. They are also demanding for jobs promised in the plant.
In June 2018, Haryana government decided to relocate the residential complex and gave 194 acres of land in Agroha town to Nuclear Power Corporation of India Limited (NPCIL), union government's project implementing agency.
In September 2018, the NGT ruled against the demands of the villagers.
In January 2019, site excavation works have started and according to the government, the first phase of the plant is expected to commence operations in 2025.
As the villagers also approached the Haryana and Punjab High Court arguing that the state government did not provided them with the promised jobs, in September 2020, the court directed the state government to provide the jobs in three months.
In March 2021, NGT dismissed a review petition against its previous order filed by Akhil Bhartiya Jeev Raksha Bishnoi Sabha (ABJRBS), environment conservation organisation. "We have challenged the NGT order in Supreme Court," said Vinod of ABJRBS.
Stating that the conflict is ongoing, Vinod said: "Many project affected families are being denied jobs in the nuclear plant and the wildlife in the region is still under threat as NPCIL did not come up with a conservation plan for the region it acquired."

Demand/Contention of the Affected Community

Demand for promised compensation

Demand for employment

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Grazing Land)

Total investment involved (in Crores):

23502

Type of investment:

Investment Expected

Year of Estimation

2010

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

Central/State Government Policy, Environmental Laws, Land Acquisition Laws

Legislations/Policies Involved

Land Acquisition Act, 1894
Section 4: Notice for acquisition of land; Section 5A: Hearing of objections; Section 17: The state government has the power to take possession of land needed for a public purpose in cases of emergency; Section 15 read with Sections 23 and 24: These provisions list matters that must be considered and neglected (respectively), while determining the amount of compensation; Section 31: Collector must pay interested persons in terms of the Section 11 award.
Revision of minimum floor rates and the Policy for Rehabilitation and Resettlement of Land Owners - Land Acquisition Oustees, 2010
Point 16: The revised policy provides for 'no litigation incentives' that may be offered to landowners, where certain additional benefits may be offered in exchange for curtailing litigation proceedings relating to the land under acquisition.
Civil Liability for Nuclear Damage Act, 2010
As the nuclear project commenced after the promulgation of this law, it is subject to a no-fault liability regime in case of nuclear damage or any nuclear incident that harms people. The act provides for this regime and additionally provides for prompt payment of compensation to victims.
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:

Lack of legal protection over land rights

Controversial land acquisition by the government

Non-payment of compensation/promised compensation

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal, High Court of Punjab and Haryana

Case Number

NGT - Appeal No. 8 of 2014 and Review Application No. 6 of 2021; HC - CWP No. 689 of 2012 and CWP No. 15656 of 2020

Main Reasoning/Decision of court

NGT - The NGT dismissed a legal challenge to the project, holding that concerns for the wildlife population in the area had been addressed by the authorities while granting environment clearance. A review application against this order was dismissed on 4th March 2021. HC - The HC dismissed a legal challenge to the acquisition of land under the project, holding that prior environmental clearance for the nuclear plant was not required at the time of issuing the notification under S. 4 of the 1894 Act or at the time of passing the award. The HC also observed that most of the affected persons had been compensated and that the power plant was a project in public interest while upholding the land acquisition notifications. In separate proceedings on 29th September 2020, the High Court ordered the state government to provide jobs to families whose land was acquired for the project within 3 months.

Major Human Rights Violations Related to the Conflict:

No items found.

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)

Complaints/petitions/letters/memorandums to officials

Campaigns (grassroots organisations/press releases/media)

Government Departments Involved in the Conflict:

Union Government, Governemnt of Haryana

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:

Nuclear Power Corporation of India Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Local Villagers

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Haryana

cross
Not a member yet?
Sign up now