In 2018, NHPC Limited, formerly known as National Hydroelectric Power Corporation, completed the Rs 5,750crore Kishanganga Hydro Electric Project on river Kishanganga in Gurez, a remote picturesque area in Bandipora district in Kashmir close to Line of Control between India and Pakistan. The dam is considered to be of 'strategic value' for India under the Indus Water Treaty, 1960, but local Gurezis have questioned the value of the project for them. The dam affects 610 families in Gurez and 171 families in Kralpora, It has faced local opposition on account of its effects on farm land and housing structures. Locals expressed resentment over meagre compensation paid for their lands, unfulfilled promises of jobs and differential compensation paid to families in Gurez and Kralpora. In 2015, people from Kralpora filed a petition before the J&K High Court demanding that the policy of resettlement and rehabilitation for the projectaffected families should be redrafted in accordance with the National Rehabilitation and Resettlement Policy, 2007. According to one report in 2018, the Dard Shin tribe of Gurez who are considered to be last of the original Aryans were relocated across Srinagar due to paucity of land in Gurez.
Demand/Contention of the Affected Community
Demand for more compensation than promised, Demand for rehabilitation, Demand for promised compensation, Complaint against procedural violations
Region Classification
Rural
Type of Land
Private
Type of Common Land
Non-Forest (Other than Grazing Land)
Total investment involved (in Crores):
₹
5750
Type of investment:
Revised Investment
Year of Estimation
2018
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, Land Acquisition Laws, Other
Legislations/Policies Involved
National Rehabilitation and Resettlement Policy, 2007
Paragraph 4 [Social Impact Assessment to be conducted where more than 200 families in hilly areas are affected] Paragraph 7 [Provides for rehabilitation and resettlement of affected families who have lost their house to the extent of actual loss, covering not more than 250 sq mtrs of space in Rural areas];
Jammu and Kashmir State Land Acquisition Act 1934
Sections 11B [Award to be made within 2 years from the date of publication of declaration]; Section 17A [Before taking possession of the land, 80% of the compensation should be paid]
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?
Yes
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people, Incorrect estimation of compensation, Lack of legal protection over land rights, Non-payment of promised compensation, Delay in compensation
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
High Court of Jammu and Kashmir
Name(s) of the Court(s)
High Court of Jammu and Kashmir
Case Number
OWP No. 868 of 2016 and MP No. 02 of 2016 (INHABITANTS OF VILLAGES BADWAN-WANPORA AND MASTAN KHOPRI v. STATE OF J & K )
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors
Official name of the criminal law. Did the case reach trial?
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints, petitions, memorandums to officials
Government Departments Involved in the Conflict:
Bandipora District, Forest Department, Union Territory of Jammu and Kashmir
PSUs Involved in the Conflict:
NHPC Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
National Hydro-electric Power Corporation (NHPC Ltd)
Did LCW Approach Corporate Parties for Comments?
Name, Designation and Comment of Corporate Authorities Approached
Other Parties Involved in the Conflict:
Documented By
Mir FarhatReviewed By
Mir FarhatUpdated By
Mir FarhatEdited By
Mir FarhatLand Conflict Watch
