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Published on
September 22, 2016
May 20, 2022
Edited on
September 22, 2016
The locals stand opposed to the Integrated Kashang Hydroelectric Project on the Kashang and Kerang streams in Morang tehsil in the Kinnaur district of Himachal Pradesh.
The 243 MW project came to Himachal Pradesh Power Corporation Limited (HPPCL) after being first proposed in 2002. The project is funded by Asian Development Bank, as a part of Himachal Pradesh Clean Energy Programme. The project is in four stages.
Kinnaur is a Schedule V area, with predominantly tribal communities residing there. The locals have challenged environmental and forest clearances to the project in the National Green Tribunal (NGT).
During Stage I, when residents of Pangi village challenged land acquisition for the project in court, HPPCL arrived at an out-of-court settlement with the affected people by increasing the compensation rate. HPPCL also paid Rs. 70,000 to each family to compensate for the diversion of forestland, which the locals had rights over.
Now, the residents of Lippa and Rarang villages are resisting Stage II and III of the project. They demanded scrapping the plan to divert the water of the Kerang stream through a link tunnel to the Kashang stream. They argue that the water of the Kerang washes off the debris brought by the Taiti stream (a tributary of the Kerang) and that once the water of the Kerang is diverted, Lippa village will be buried under the debris. About 80 per cent of people in Lippa village own agricultural land and apple orchards in the area. Without the natural springs whose water will be diverted for the project, the local communities will not be able to cultivate in the cold desert area. The project could also pose a threat to the Chilgoza pine, an endangered tree species dominant in the area. The residents have alleged that the Forest Rights Act (FRA) of 2006 has been violated and that the Environment Impact Assessment report is inaccurate.
On May 4, 2016, the NGT directed the state forest department and the Ministry of Environment, Forests and Climate Change, to ensure that the entire proposal about the forest clearance is placed before the village assemblies of Lippa, Rarang, Pangi and Telangi villages. In September 2016, the HPPCL challenged this order in the Supreme Court. Later, the Himachal Pradesh government withdrew the case after pressure from the All India Congress Committee, which told the court that it was committed to implementing the FRA.
According to a news report, in June 2017, CAG audited the records of the project. It found HPPCL in violation of several procedures, as it did not acquire the No Objection Certificates from local panchayats for the Stage II and III of the project.
In August 2018, District Level Committee approved the Community Forest Rights claims of the Lippa Village. However, the state government still did not attain NoC from the village. Subsequently, the gram sabha filed a case in the high court.
According to a news report, in October, the HPPCL representatives tried to “pressurise” the villagers, collected under the banner of Paryavaran Sanrankshan Sangharsh Samiti, to allow the construction works. However, the affected refused to give NoC as they were waiting for individual claims under the FRA.
On January 7, 2019, the state High Court refused to stay land transfer for the project, stating that the petition has been sponsored by private hydro project proponents.
In May 2020, HPPCL filed for an eight-year extension of the environment clearance granted to the project in 2010. However, Himdara Environment Collective reasserted the “geological and ecological vulnerability” of the region. It took into view the landslide incident in April at the Stage I site to highlight the risks. According to a news report, over 1,000 activists, academics, and locals appealed to the ministry to not grant the extension, so that the construction of Stage 2, 3 and 4 is dropped. The process is still ongoing.
The tribal communities continue to raise alarm over the project's impact on the ecology, biodiversity, and livelihoods. Meanwhile, they also await their forest rights titles. The resistance also stems from concerns over increased risks of flash flood and landslide disasters in a geologically vulnerable region.
Refusal to give up land for the project
Opposition against environmental degradation
Demand for legal recognition of land rights
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Rural
Both
Forest, Forest and Non-Forest
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):
₹
1828.58
Type of investment:
Cost of Project
Year of Estimation
2010
Page Number In Investment Document:
1
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
Yes
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-implementation/violation of FRA
Non-implmentation/violation of PESA
Violation of environmental laws
Controversial land acquisition by the government
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal (Principal Bench, New Delhi); High Court of Himachal Pradesh
Case Number
Appeal No. 28 of 2013 (NGT); CWP No. 53 of 2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
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)
Blockades
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Development of a network or collective
Protests/marches
Government Departments Involved in the Conflict:
Himachal Pradesh Power Corporation Limited, Forest Department
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:
Residents of Affected areas, Paryavaran Sanrankshan Sangharsh Samiti
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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