Low Compensation, Lack of Consultation Force Ratnagiri Residents To Oppose GAIL Pipeline

Reported by

Nupur SonarLand Conflict Watch

Last updated on

August 25, 2021

Location of Conflict

Jaigarh

Ratnagiri

Reason or Cause of Conflict

Petroleum and Gas

(

)

People Affected by Conflict

20000

Land Area Affected (in Hectares)

5570

ha

Starting Year

2018

State

Maharashtra

Sector

Industry

On March 4, 2017, the Maharashtra government issued a notification for the temporary acquisition of land under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. Under the Act, land is temporarily acquired for a project while the permanent ownership of the land stays with the land owner. While the Act allows land owners to go back to using the land for its original purpose, it bars them from planting trees, digging wells and constructing buildings, dams and reservoirs on the land. In letters to the district administration and the environment minister of Maharashtra in March 2019, the Guhagar Taluka GAIL Pipeline Sangharsh Samiti (a collective of land owners opposing the pipeline project) and the Nirantar Konkan Kruti Samiti (a collective of youth working towards sustainable development of the Konkan region) asked for the work on the project to be stopped. The letters stated that not all land owners were issued notices as a result of which not all of them could raise their concerns/objections within the stipulated time frame of 21 days under the Act. They also wrote in the letters that temporary land acquisition for laying the pipeline and construction work were being done by forcefully misusing police machinery to intimidate the land owners. They further alleged that land owners were not present when the _panchnama _(record of observation by five people) of the land was done and that their signatures were forged. The organisations are yet to receive a response to their complaints. In letters to the district collector, the villagers opposing the project have demanded compensation as per the provisions of the Land Acquisition Act, 2013, instead of the Petroleum and Minerals Pipelines Act. There are currently overlapping interpretations of which law shall prevail, as the Petroleum and Minerals Pipelines Act only envisages the acquisition of Right of Use of land whereas the LARR Act results in full acquisition of ownership. As of 2020, the government was seeking to amend the former to fix the compensation amount to be paid for right of use.

Demand/Contention of the Affected Community

Refusal to give up land for the project, Complaint against procedural violations, Demand for more compensation than promised

Region Classification

Rural

Type of Land

Both

Type of Common Land

Total investment involved (in Crores):

400

Type of investment:

Cost of Project

Year of Estimation

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Other

Legislations/Policies Involved

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:

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

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:

Ministry of Petroleum and Natural Gas, Petroleum and Natural Gas Regulatory Board

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:

Western Concessions Private Limited

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Nupur Sonar

Reviewed By

Nupur Sonar

Updated By

Nupur Sonar

Edited By

Nupur SonarLand Conflict Watch
X

Support our work

Your contribution ensures continuity of this crucial project.

As a member, you will get exclusive access to special reports, policy papers and research projects undertaken by Land Conflict Watch and behind-the-scenes interactions with the writers and researchers about their work.
Contribute Now