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Legal Review by
Edited by
Updated by
Published on
January 5, 2017
May 17, 2022
Edited on
January 5, 2017
The Hirakud Dam in Odisha is the first major multipurpose river valley project in India. The dam was proposed to be built on the Mahanadi river, 15 km from Sambalpur, in 1946 to provide water for irrigation and power generation and to control flooding. Despite there being mass agitations against the proposed dam in 1945, the late Prime Minister of India, Jawaharlal Nehru officially inaugurated the dam on January 13, 1957. The feasibility report estimated that 168 villages would be submerged covering 1,35,000 acres of land under the Hirakud dam reservoir. However, contrary to the report, postconstruction, the number proved to be significantly higher. It submerged 325 villages covering 1,83,000 acres of land, displacing about 26,501 families (approximately 1,00,000 people). Several displaced families are yet to receive the promised land and compensation. For many among those who received compensation from the government, the amount was deemed to be insufficient as per the market rate. Since 1995, time and again, the displaced people have organised themselves under the aegis of Hirakud Budi Anchal Sangram Samiti, demanding for adequate compensation and rehabilitation. The resistance to Hirakud dam has also been emboldened on the ground due to the consistently underwhelming performance of the dam. The dam had four main objectives – ood management, hydropower production, irrigation and navigation, and in all four criteria, the performance has reportedly not been up to the mark. Over the years, for many displaced and project affected their grievances have compounded. Resistance, at the grassroots level has also carried on. In 2018, The National Human Rights Commission ,acting on a petition filed by lawyer Radhakanta Tripathy, deployed its special rapporteur to investigate the failure of the rehabilitation of around 26,000 displaced individuals. Recently, in March 2021, NHRC directed the Chief Secretaries of both Odisha and Chhattisgarh to submit an Action Taken Report on the mitigation of problems with regards to oustees by April. Further, Gopinath Majhi, noted activist and long time associate of Hirakud Bhudianchal Sangharsh Samiti, informed LCW that the movement on ground continues to be steady, albeit slow at present due to the pandemic and the consequent lockdown. He further communicated that, in a recent development, land pattas for homestead land for 10,000 families which had been pending since 2002, were finally granted in 2021, after talks held with the government in 2020.
Demand for compensation
Demand for promised compensation
Demand for rehabilitation
Urban and Rural
Both
Forest and Non-Forest, Non-Forest (Grazing Land), Non-Forest (Other than 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
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):
₹
100
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
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-rehabilitation of displaced people
Incorrect estimation of compensation
Lack of legal protection over land rights
Delay in allottment and possession of land/property
Violation of free prior informed consent
Non-payment of compensation/promised compensation
Controversial land acquisition by the government
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Yes
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:
Displacement
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Development of a network or collective
Protests/marches
Public campaign
Government Departments Involved in the Conflict:
Government of Odisha
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:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
The Hirakhand Nagarik Parishad (HKNP), Budi Anchal Sangram Samiti (BASS)
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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