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Legal Review by
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Updated by
Published on
January 16, 2017
May 17, 2022
Edited on
January 16, 2017
The KSK Thermal Power Plant has been fret with allegations of procedural violations in land acquisition and rehabilitation. The aversion to the plant also stems from the more widespread discontent over the environmental impact of other power plant projects in the district. Officially, there are 2,541 Project Affected Families (PAFs) due to the KSK power plant. The Ministry of Environment, Forests and Climate Change (MoEFCC) granted environmental clearance (EC) to the project in 2009. But the village residents claim that land acquisition for the project had begun in 2008 itself through various mediators. In response, the villagers protested widely against the acquisition process. Reportedly, the administration also offered low rates of compensation to the PAFs for their lands. But the compensation was revised after the Chhattisgarh Rehabilitation Policy was introduced in 2007. In January 2011, the affected families again protested against the land acquisition and encroachment. According to ground reports, in multiple instances, the police lathicharged the farmers during these protests. In the same year, KSK Energy Ventures Limited came under scrutiny for allegations over dismantling the Rodga Dam for facilitating the construction of the power plant. The people immediately launched protests to oppose the destruction of a water and irrigation source for households in three villages. Subsequently, they submitted a written complaint to the Akaltara police station and the block and district officials. However, the company refuted the claims of discrepancy and clarified that the dam was no longer a source of irrigation. In March 2011, Chhattisgarh Vidhan Sabha established a committee to probe into this allocation by the government. Subsequently, in August 2012, the committee report gave a clean chit to the company officials after presenting a report in the Legislative Assembly in July. In 2014, following the allegations under the Coal Scam, the company came under the scanner again, and its allocations were cancelled. In the same year, a villager filed a petition at the National Green Tribunal (NGT). In response, the company stated that it had complied with the conditions for the EC. In May 2015, the people stopped the construction of a pipeline for the plant in protest against the delay in offering compensation, employment and other facilities promised under the rehabilitation package. In MayJune 2016, the farmers, under the banner of the Hind Mazdoor Sabha, organised protests to question the discrepancies in giving the promised permanent employment and wages to the PAFs instead of contractual lowwage jobs. Subsequently, the district collector launched an inquiry into the issue after a delegation met with him. In September 2017, NGT directed the company to conduct a social audit of the socioeconomic impact of the project on the villages since 2012. In 2019, the plant came under inspection for fly ash utilisation after the NGT constituted a committee to look into various thermal power plant projects. Meanwhile, in 2017 and 2019, the MoEFCC extended the EC of the project. In May 2021, the company applied for EC for the three remaining units on the existing land. According to its PreFeasibility Report, there is no pending rehabilitation in the village and as such, the company has requested an exemption from holding a public hearing. The Expert Appraisal Committee is yet to grant the EC.
Complaint against procedural violations
Demand for promised compensation
Demand for employment
Opposition against environmental degradation
Rural
Private
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):
₹
16000
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Central/State Government Policy, Environmental 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:
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
O.A. No. 308 of 2014
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Blockades
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Chhattisgarh State Government
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:
KSK Energy Ventures Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
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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