Reported by
Legal Review by
Edited by
Updated by
Published on
October 17, 2016
May 17, 2022
Edited on
October 17, 2016
Land Area Affected (in Hectares)
Starting Year
Mohar
Kudari Dalli, Maraskola, Hucchetola, Mangchua, Bharritola, Kartutola, Kudari, Karregaon and Dumatola villages
Durg
Multipurpose Dam
The Mohar Reservoir in Balod district has faced stiff resistance from the local people. The reservoir is proposed for primarily two purposes: first, to provide water for a 500megawatt thermal power plant of NSPCL in Bhilai and, second, to irrigate 800 hectares of fields in Durg and Rajnandgaon districts. However, since the projects inception, the villagers have questioned the largescale submergence of land, consequent displacement and inadequate compensation by the state. The project will reportedly submerge over 1,000 hectares in Balod and Rajnandgaon districts. While one of the villages, Kudari Dalli, will submerge completely, at least eight villages will partially submerge due to the reservoir. It would mostly affect tribaldominated areas, which fall under Schedule V. The local people have further claimed that the government acquired the land without consulting the Gram Sabha, which violates the PESA Act, 1996. In 2016, the villagers launched protests under the banner of the Nahar Sangharsh Committee against the administrative delays and incompliance to fair compensation, rehabilitation and grant of employment. In one of the villages, the district collector even directed the water resources department to reconduct a survey of the affected land after persistent demands from the villagers. Over the years, protests have hindered the construction work multiple times. To challenge the project, in May 2016, Shailendra Kumar Deshmukh, a government official in one of the affected villages, filed a Public Interest Litigation in the Chhattisgarh high court. The litigation claims that almost 70 per cent of the water from the reservoir will be directed for industrial purposes and that the reservoir is deceivingly proposed for irrigation, which would allow the administration to avoid offering appropriate compensation and rehabilitation to the affected households, according to a media report. The villagers have also alleged discrepancies in the distribution of compensation in the two districts and very low rates of compensation. According to the petition, the affected households have demanded complete information about the intent of the reservoir and proper rehabilitation and compensation packages under the amended industrial and rehabilitation policies of the state government. In 2017, the Chhattisgarh high court ruled in favour of the petitioner for the grant of compensation. However, after the district administration did not comply with the orders, the petitioner moved to the Supreme Court in 2018. The case is ongoing. In January 2019, the Comptroller and Audit General tabled a report, which found that the water resources department did not follow the due timeline in acquiring the forest and tribal clearances for diverting the land to start the project work. Additionally, the report underlined unfruitful expenditure within the cost of the project, as per a media report. The findings resounded the claims of the villagers against procedural violations. The report further claimed that the land acquisition had been completed between 2013 and 2017 but the claims for compensation were yet to be settled. Even the forest clearance is pending. The reservoir is still under construction. In November 2019 and OctoberDecember 2020, the Rajnandgaon district administration notified acquisition of land under the LARR Act, 2013, for the main canal.
Complaint against procedural violations
Demand for compensation
Demand for rehabilitation
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):
₹
228
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, Environmental Laws, Forest and Scheduled Area Governance 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:
Non-implmentation/violation of PESA
Violation of free prior informed consent
Non-implementation/violation of LARR Act
Violation of environmental laws
Controversial land acquisition by the government
Non-payment of compensation/promised compensation
Incorrect estimation of compensation
Non-rehabilitation of displaced people
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)
Supreme Court of India; High Court of Chhattisgarh
Case Number
SLP (Civil) No. 47576 of 2018; WPPIL No. 34 of 2016
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
Government Departments Involved in the Conflict:
Water Resources Department, Durg District Administration
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:
NTPC-SAIL Power Company Private Limited, N.K. Buildcon Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Nahar Sangharsh Committee
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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