Kerala
Near Velluda Sri Durga Bhagavathi Temple, Kasargod
,
Ambalathinkara
,
Kasargod
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Kasargod solar park's capacity reduced from 200MW to 50MW amid protest
Reported by
Anupriya S
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2017
Year started
242
Land area affected
Households affected
People Affected
2017
Year started
242
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Kerala government slashed the capacity of its ambitious solar park in Kasargod from 200MW to 50MW amid stiff opposition by residents. 
In 2015, the government had announced its plan to set up solar power parks in three localities of Kasargod district with a total capacity of 200MW in a bid to achieve its renewable energy target of 21% by 2022. The government decided to generate 200MW from 1,086 acres spread across three areas in Kasaragod: Ambalathumkara in Madikai panchayat; Paivalike and Meeja panchayats; and Kinanur-Karinthalam panchayat. 
The Solar Energy Corporation of India (SECI) signed two tripartite arrangements in this connection. The first one was with the Kerala State Electricity Board (KSEB) and Tehri Hydroelectric Development Corporation India Limited (THDCIL) for a 50MW project. And the second one, which was also for a 50MW plant, with KSEB and Indian Renewable Energy Development Agency (IREDA). On 13 February, 2015, an MoU was signed between the THDCIL and SECI, while a deal with IREDA was signed on 31 March, 2015. This apart, the Ministry of New and Renewable Energy (MNRE) had proposed another 100MW solar power plant to be set up in the Kasaragod under its proposed 2,000MW viability gap funding (VGF) scheme of the Centre. 
The entire project was eligible for a central government assistance of Rs 40 crore. The central government offers up to Rs 50 lakh per megawatt to every recognised solar park. A solar power plant with 200MW capacity is categorised as a solar park by the central government. 
A land survey for the acquisition of land for the project took place in July 2015. The project, however, hit a roadblock as residents strongly opposed land acquisition at such a large scale and claimed that the move would affect their livelihoods, disrupt connectivity with neighbouring villages and result in the loss of commons like playgrounds. They also alleged that the implementation of the project would have a negative impact on their access to water. Opposition from CPI(M)-ruled Panchayats also made the land transfers challenging. 
A media report stated that water pipes and roads were damaged during the implementation of the project, affecting normal lives in the area. 
For the entire solar park, the Renewable Power Corporation of Kerala Limited (RPCKL) - the joint venture between KSEB and SECI - took on the state-level land acquisition responsibility. In 2016, the state government transferred land to KSEB in Karinthalam (169 acres) and Paivalike (430 acres) for the project. The original area comprised 484 acres of leased revenue land in Velluda, Ambalathara village located in the Madikai Panchayat. 
In October 2017, the Kerala government scaled down the solar power park's capacity due to the inability to acquire more lands. The parties involved constructed a new public road around the large solar park and developed a playground in Kundara, which is located about 3-4 km from the old one. Those affected were also given rehabilitation packages.
While there is no government data available for the number of people who were affected, a research [documented](https://www.sciencedirect.com/science/article/pii/S2589791819300180#:~:text=Select government officials encouraged solar,others opposed the acquisition of) how the Adivasi families living in the area without land titles lost their small pieces of lands due to the project. One stakeholder noted, “they surveyed this land by informing us as re-survey of land for the distribution to landless. Our house also included in this survey. We don’t have land title to this land and we put forward some demands, but they didn’t agree. This area is highly populated area and it is a tribal settlement. Because of protest they left now”. “We have lost our small piece of land because of this project.” Another stakeholder said, "Many people lost their land because of big projects... In this area 9 people lost land and among them five people don’t have title. They first told that they will give land, but till now they didn’t give … There are many households residing in this solar park area, they were shifted to the side of the solar park, company only did this. There is nothing done from the part of the Government."
Since the project had to be scaled down, the Kerala government lost central assistance to the tune of Rs 900 crore for the solar park.  
The solar power plant (spread across 250 acres) built by IREDA and SECI became operational in a phased manner starting from December 15, 2016, after a delay of seven months. With a change in electoral government, the LDF-led state went ahead with the 50MW project by THDCIL. The solar power plant spread across 250 acres was inaugurated by PM Modi on February 19, 2021. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to modify the project

Region Classification

Rural

Type of Land

Common and Private

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?

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 completed

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Government or community-regulated urban commons, Residential area

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

590

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Project/scheme was cancelled or modified

The land area initially proposed for acquisition for the Solar Park was reduced following the reduction in the capacity from 200MW to 50MW. A new playground was constructed in Kundara, around 3-4 kms from the site and a stretch of road was constructed around the solar park for commuting purpose.

Author
Reported by
Anupriya S

Kerala

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Opposition against environmental degradation

Kasargod solar park's capacity reduced from 200MW to 50MW amid protest

Reported by

Anupriya S

Legal Review by

Priyansha Chouhan, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

October 31, 2023

July 29, 2024

Edited on

October 31, 2023

Sector

Power

Reason or Cause of Conflict

Renewable Power

Starting Year

2017

Land Area Affected (in Hectares)

242

ha

Households Affected by Conflict

People Affected by Conflict

State

Kerala

Sector

Power

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

242

ha

Starting Year

2017

Location of Conflict

Ambalathinkara

Near Velluda Sri Durga Bhagavathi Temple, Kasargod

Kasargod

Reason or Cause of Conflict

Renewable Power

Land Conflict Summary

The Kerala government slashed the capacity of its ambitious solar park in Kasargod from 200MW to 50MW amid stiff opposition by residents. 
In 2015, the government had announced its plan to set up solar power parks in three localities of Kasargod district with a total capacity of 200MW in a bid to achieve its renewable energy target of 21% by 2022. The government decided to generate 200MW from 1,086 acres spread across three areas in Kasaragod: Ambalathumkara in Madikai panchayat; Paivalike and Meeja panchayats; and Kinanur-Karinthalam panchayat. 
The Solar Energy Corporation of India (SECI) signed two tripartite arrangements in this connection. The first one was with the Kerala State Electricity Board (KSEB) and Tehri Hydroelectric Development Corporation India Limited (THDCIL) for a 50MW project. And the second one, which was also for a 50MW plant, with KSEB and Indian Renewable Energy Development Agency (IREDA). On 13 February, 2015, an MoU was signed between the THDCIL and SECI, while a deal with IREDA was signed on 31 March, 2015. This apart, the Ministry of New and Renewable Energy (MNRE) had proposed another 100MW solar power plant to be set up in the Kasaragod under its proposed 2,000MW viability gap funding (VGF) scheme of the Centre. 
The entire project was eligible for a central government assistance of Rs 40 crore. The central government offers up to Rs 50 lakh per megawatt to every recognised solar park. A solar power plant with 200MW capacity is categorised as a solar park by the central government. 
A land survey for the acquisition of land for the project took place in July 2015. The project, however, hit a roadblock as residents strongly opposed land acquisition at such a large scale and claimed that the move would affect their livelihoods, disrupt connectivity with neighbouring villages and result in the loss of commons like playgrounds. They also alleged that the implementation of the project would have a negative impact on their access to water. Opposition from CPI(M)-ruled Panchayats also made the land transfers challenging. 
A media report stated that water pipes and roads were damaged during the implementation of the project, affecting normal lives in the area. 
For the entire solar park, the Renewable Power Corporation of Kerala Limited (RPCKL) - the joint venture between KSEB and SECI - took on the state-level land acquisition responsibility. In 2016, the state government transferred land to KSEB in Karinthalam (169 acres) and Paivalike (430 acres) for the project. The original area comprised 484 acres of leased revenue land in Velluda, Ambalathara village located in the Madikai Panchayat. 
In October 2017, the Kerala government scaled down the solar power park's capacity due to the inability to acquire more lands. The parties involved constructed a new public road around the large solar park and developed a playground in Kundara, which is located about 3-4 km from the old one. Those affected were also given rehabilitation packages.
While there is no government data available for the number of people who were affected, a research [documented](https://www.sciencedirect.com/science/article/pii/S2589791819300180#:~:text=Select government officials encouraged solar,others opposed the acquisition of) how the Adivasi families living in the area without land titles lost their small pieces of lands due to the project. One stakeholder noted, “they surveyed this land by informing us as re-survey of land for the distribution to landless. Our house also included in this survey. We don’t have land title to this land and we put forward some demands, but they didn’t agree. This area is highly populated area and it is a tribal settlement. Because of protest they left now”. “We have lost our small piece of land because of this project.” Another stakeholder said, "Many people lost their land because of big projects... In this area 9 people lost land and among them five people don’t have title. They first told that they will give land, but till now they didn’t give … There are many households residing in this solar park area, they were shifted to the side of the solar park, company only did this. There is nothing done from the part of the Government."
Since the project had to be scaled down, the Kerala government lost central assistance to the tune of Rs 900 crore for the solar park.  
The solar power plant (spread across 250 acres) built by IREDA and SECI became operational in a phased manner starting from December 15, 2016, after a delay of seven months. With a change in electoral government, the LDF-led state went ahead with the 50MW project by THDCIL. The solar power plant spread across 250 acres was inaugurated by PM Modi on February 19, 2021. 

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Refusal to give up land for the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to modify the project

Region Classification

Rural

Type of Land

Common and Private

Type of Common 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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Government or community-regulated urban commons, Residential area

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

590

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Project/scheme was cancelled or modified

The land area initially proposed for acquisition for the Solar Park was reduced following the reduction in the capacity from 200MW to 50MW. A new playground was constructed in Kundara, around 3-4 kms from the site and a stretch of road was constructed around the solar park for commuting purpose.

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Kerala Solar Energy Policy, 2013
Para 10 [The state government must assess suitable land for development of solar installations. For tribal lands, a revenue sharing mechanism based on power generated is envisaged under the policy. The willingness of the land owner is mandatory. Only land that does not have an immediate productive use shall be identified.]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment] Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report]
Kerala Survey and Boundaries Act, 1961
Section 4 [State Government may order the survey of any land within the State] Section 6 [When any survey is ordered under Section 4, the survey officer must publish a notification of such survey and hear objections from affected persons. Where surveys are conducted for land acquisition, the notification must be widely publicized in two daily newspapers.]
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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.

Whether claims/objections were made as per procedure in the relevant statute

No

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:

Controversial land acquisition by the government

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

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:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Kerala State Electricity Board (KSEB)

PSUs Involved in the Conflict:

Renewable Power Corporation of Kerala Limited (RPCKL), Solar Energy Corporation of India Limited (SECIL), Tehri Hydro Development Corporation India Limited (THDCIL), Indian Renewable Energy Development Agency (IREDA)

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?

No

Communities/Local Organisations in the Conflict:

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

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