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Updated by
Published on
September 29, 2016
May 17, 2022
Edited on
September 29, 2016
The residents of Mithivirdi and other villages in Gujarat's Bhavnagar district had been opposing a 6,000megawatt nuclear power plant in their area as the plant requires surrender of agricultural and common land. Signed in 2007 by the Gujarat government, Nuclear Power Corporation of India Limited and Toshiba Corp's Westinghouse Electric Company at the Vibrant Gujarat Summit, the project was considered a big boost to the economic and strategic relationship between India and the United States. The indoJapan nuclear deal and the understanding on nuclear liability issues during Former US President Barack Obama's visit in 2015 are said to have paved the way for the US firm to commit to India. The village residents, however, were not convinced about the benefits of the power plant and refused to part with their land, which has been very fertile and gives high yields. One of the residents said, "I easily make INR 78 lakh every year with very less input cost because of the high fertility of the land. It gives everything to me and my family to lead a happy life. Out of the 777 hectares required for the six nuclear reactors of US firm Westinghouse, a total of 670 hectares are agricultural land (producing both Kharif and Rabi crops), five hectares are forestland (commons) and the remaining land includes wasteland, forest, scrub land and water bodies. In March 2013, residents of five villagers to be affected by the project walked out of the public hearing organised for it. They contended that the Environmental Impact Assessment (EIA) report was flawed and invalid because it was prepared by a consultant (Engineers India Limited) that was not accredited to do it. It did not have a rehabilitation and resettlement plan for the affected people. They further argued that since, as villagers, they are not knowledgeable or articulate enough, experts and nonprofit organisations should be allowed to speak on their behalf. When the collector refused to allow this, they staged a walkout. The authorities declared the conclusion of the public hearing and refused to organise it again to hear the villagers out. The villagers also approached the National Green Tribunal (NGT) challenging the coastal regulatory zone clearance given to the project. In January 2015, the heads of four villages in Bhavnagar district wrote an open letter to Obama and Prime Minister Narendra Modi calling for a public discussion and debate. Stating their claims and concerns, they had also emphasised the environment ministry's criticism of the EIA report and its order to revise and resubmit it. In 2016, discussions to shift the project to Andhra Pradesh started and in 2018, after a decade, the environment ministry informed the NGT of its decision to shift the proposed plant from the coastal district of Gujarat to Kavvada in Andhra Pradesh on account of delay in land acquisition at ChhayaMithivirdi site. Our protests and arguments were backed by academic and scientific facts. We fought a wellorganised battle to get rid of this project, said Rohit Prajapati, a petitioner.
Opposition against environmental degradation
Complaint against procedural violations
Refusal to give up land for the project
Rural
Both
Forest and Non-Forest, Non-Forest (Grazing Land)
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):
₹
50000
Type of investment:
Investment Expected
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
Yes
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition 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.
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:
Controversial land acquisition by the government
Violation of environmental laws
Legal Status:
In 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
APPEAL NO.23 OF 2015
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
Complaints/petitions/letters/memorandums to officials
Boycott of official procedures/non-participation in official processes
Government Departments Involved in the Conflict:
Government of Gujarat
PSUs Involved in the Conflict:
Nuclear Power Corporation of India Ltd (NPCIL)
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Westinghouse Electric Corporation, Toshiba Corp, Engineers India 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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