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Legal Review by
Edited by
Updated by
Published on
November 4, 2020
April 28, 2023
Edited on
March 31, 2023
November 4, 2020
The Paradip-Hyderabad Product Pipeline (PHPL), an initiative of Indian Oil Corporation Limited (IOCL), will bypass Dhinkia and Balitutha villages in Jagatsinghpur district. The 1,212-kilometre pipeline will be spread across Odisha, Andhra Pradesh and Telangana, of which approximately 330 kilometres will be laid in Odisha.
At the inception of the project in 1998, at least 143 families were displaced from Dhinkia. By 2018, about 1,752 families were displaced from the village as the project expanded. The 143 families have alleged that IOCL has violated the Rehabilitation and Resettlement Policy, 2006, of the Odisha government as the promises of rehabilitation and compensation to the displaced were not kept. They have demanded that at least one member from each of the displaced families should be provided with employment and remuneration for skill development. Additionally, they have reiterated that those who are yet to receive rehabilitation should be attended to immediately and that the rehabilitation facilities should be further developed. According to a news report, a clarification by IOCL in May 2018 says that of the 143 families, 45 families had benefited from employment opportunities and 95 families had received INR 1.18 crore. Authorities have been unable to contact the remaining three families.
Meanwhile, the 1,752 families that were displaced later have alleged increased air and water pollution from the pipeline project. Dhinkia panchayat and neighbouring villages have also been facing acute water crisis which, according to a news report, IOCL tried to abate by providing water tankers. But the local residents say the tankers are inadequate. These families too have demanded employment and opportunities for skill development. According to the same news report, IOCL claims to have provided jobs to 700 of the 1,752 displaced families and skill development trainings to 120 youths.
Sarpanch of Dhinkia panchyat Salila Nayak was quoted in a news report as saying: "The villagers are agitated over the high handedness of IOCL authorities and lack of job opportunities; due to pollution, trees and betel vines are adversely affected”. She added that the panchayat had adopted a resolution to not allow PHPL to lay its pipeline in the village.
In neighbouring Balitutha village, IOCL has acquired approximately 50 acres of farmland. The farmers in the village allege that the land was forcibly acquired and that the compensation offered was inadequate.
Bichitra Sena, a lawyer from Jagatsinghpur representing the displaced families, told LCW: “Local farmers from Balitutha have alleged that IOCL, with the support of the police, forcibly acquired their land in 2018 and provided inadequate compensation. They had demanded INR 30,000 per decimal of land. After negotiations between the Jagatsinghpur district administration and IOCL, the rate of compensation was settled at INR 19,100 per decimal. But defying the agreement, IOCL later attempted to pay only INR 7,600 to the farmers, which they refused. The oil corporation then agreed to pay the originally decided amount of INR 19,100 per decimal. The residents of both Dhinkia and Balitutha have, however, insisted that they will only accept INR 30,000 per decimal of land as compensation.”
In June 2020, police arrested 22 farmers who were protesting in Balitutha against forcible land acquisition and inadequate compensation.
Complaint against procedural violations
Demand for rehabilitation
Demand for more compensation than promised
Opposition against environmental degradation
Rural
Common and Private
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
23 including two women
What is the current status of the detained/accused persons?
Out on bail
Did the person face any violence while in police custody?
No
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 24 hours
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
Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.
Case-1 (114/2020) - [341, 342, 323, 353, 294, 506, 186, 120B, 35 of IPC & 15 of P&MP Act] Case-2 (129/2020) - [143, 149, 186, 269, 270, 294, 323, 353, 427, 506 of IPC, 51(b) of DM Act, 03 ED Act, 03 of PDPP Act] Case-3 (130/2020) - [143, 147, 148, 149, 186, 269, 270, 294, 323 353, 307, 332, 324, 354-A, 354-B, 506 of IPC, 51(b) of DM Act, 03 of PDPP Act, 15 of P&MP Act, 03 of ED Ordinance 2020 ]
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
No
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
2021
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Residential area, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
890
Type of investment:
Investment Expected
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.
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-payment of compensation/promised compensation
Non-rehabilitation of displaced people
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
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
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
At least 23 farmers were arrested by Kujang police when they were protesting against forcible acquisition of land and demanding adequate compensation.
Date of Violation
June 10, 2020
Location of Violation
Balitutha village, Jagatsinghpur
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Ministry of Petroleum and Natural Gas, Office of the Revenue Divisional Commissioner (RDC), Central Range, Cuttack
PSUs Involved in the Conflict:
Indian Oil Corporation Limited
Did LCW Approach Government Authorities for Comments?
The office of Ajit Kumar, head of IOCL's Corporate Office, New Delhi, forwarded LCW's call to the reception, but no one answered despite several tries. There was no response on the toll free number either.
Name, Designation and Comment of the Government Authorities Approached
The office of Ajit Kumar, head of IOCL's Corporate Office, New Delhi, forwarded LCW's call to the reception, but no one answered despite several tries. There was no response on the toll free number either.
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Posco Pratirodh Sangram Samiti
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
23 including two women
What is the current status of the detained/accused persons?
Out on bail
Did the person face any violence while in police custody?
No
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 24 hours
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
Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.
Case-1 (114/2020) - [341, 342, 323, 353, 294, 506, 186, 120B, 35 of IPC & 15 of P&MP Act] Case-2 (129/2020) - [143, 149, 186, 269, 270, 294, 323, 353, 427, 506 of IPC, 51(b) of DM Act, 03 ED Act, 03 of PDPP Act] Case-3 (130/2020) - [143, 147, 148, 149, 186, 269, 270, 294, 323 353, 307, 332, 324, 354-A, 354-B, 506 of IPC, 51(b) of DM Act, 03 of PDPP Act, 15 of P&MP Act, 03 of ED Ordinance 2020 ]
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
No
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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