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Legal Review by
Edited by
Updated by
Published on
August 30, 2016
May 17, 2022
Edited on
August 30, 2016
The Mapithel Dam is a project undertaken by the state's Irrigation and Flood Control Department under the assistance of the Central government. Conceived in the early 1970s, the dam began to be constructed in 1989. Between its conception and construction, the people who would be affected by it were told about the benefits of the project, but they were not told that they would have to sacrifice their homes for it. It was only when the government initiated the survey did they realise that the project was going to be built on their own land, and they started opposing it. The survey was never completed, but the project was approved in 1980. The project, however, has been delayed over the years and is yet to be fully functional. In 2015, the dam, built on the Thoubal (Yangwui Kong) river, submerged residential areas, schools, churches, paddy fields, grazing grounds and forest areas spread over more than 2,000 hectares. The filling of the reservoir led to the drying up of the river downstream. The residents in the area can no longer fish or collect sandstone, which is their main source of livelihood. Around 23 villages have been directly affected by the project, and some villages like Chadong have been completely submerged. The first organised dissent against the project took place in 2013, when Chandel Nagas contended that the project violated environmental safeguards. They also argued that the first stage of environmental clearance was granted 11 years before the construction began, and the second was done without consulting them and complying with the legal procedure. When the tribal ministry refused to take action, they approached the National Green Tribunal in August 2013, which ruled in their favour. In December 2017, the Tribunal ordered the state to comply with the Forest Rights Act of 2006 and consult the villagers. However, in 2018, the villagers claimed that the state government did not honour the Tribunal's judgement and, in a memorandum to the prime minister, argued that this would amount to contempt of court. They also protested the inauguration of the dam by Prime Minister Narendra Modi, demanding to be compensated before the project can be called complete and inaugurated. This led to the government postponing the inauguration temporarily. On February 16, 2020, the 23 affected villages called for a 48hour shutdown along the ImphalUkhrul stretch on National Highway 150 to protest against the government's indifference. They vandalised a vehicle belonging to the subdivisional officer of Jessami in Ukhrul district. This led to police intervention. The police allegedly fired tear gas, which injured four persons. The villagers contended that in 2018, Chief Minister N. Biren Singh promised to release compensation package for the affected people but the promise never materialised. They have been demanding forest rights, fishing rights and economic livelihood packages from the government, among other things. Meanwhile, the inauguration of the dam is yet to take place.
Demand for compensation
Complaint against procedural violations
Opposition against environmental degradation
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Demand for legal recognition of land rights
Demand to inaugurate the dam only after compensation is fully paid
Rural
Both
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):
₹
1500
Type of investment:
Revised Investment
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, Forest and Scheduled Area Governance Laws, 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.
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:
Lack of legal protection over land rights
Delay in compensation
Non-payment of compensation/promised compensation
Violation of free prior informed consent
Violation of environmental laws
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
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:
Four individuals were injured after police used tear gas to disperse a protesting crowd during a 48-hour shutdown. No free, prior and informed consent was sought from those to be displaced by the dam, nor were the procedures mandated by the Land Acquisition Act followed.
Date of Violation
February 17, 2020
Location of Violation
Imphal-Ukhrul stretch on National Highway 150
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Protests/marches
Property damage/arson
Government Departments Involved in the Conflict:
Manipur Irrigation and Flood Control Department
PSUs Involved in the Conflict:
Progressive Constructions Limited
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:
Centre for Research and Advocacy Manipur, Citizen Concern for Dams and Development, Mapithel Dam Affected Villages Organisation, Mapithel Dam Affected Ching-Tam (hill-valley) Organisation, Mapithel Dam-Affected Headmen Chiefs and Elders Organisation
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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