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Legal Review by
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Updated by
Published on
September 14, 2016
May 17, 2022
Edited on
September 14, 2016
Hindustan Powerprojects, formerly known as Moserbaer, proposed the Moserbaer Thermal Power Project of 2,520-megawatt in Laharpur Murra, Guwari, Belia and Jethari villages in Anuppur district. While about 36 per cent of the population in these villages is tribal, some 10 per cent of the total land is forestland, which requires forest clearance for any kind of diversion. About 37,875 hectares of forestland were acquired for the thermal plant, but there was no disclosure of it either in the public hearing or in the Environmental Impact Assessment reports for receiving environmental clearance. On June 4, 2010, the chief conservator of forests in Bhopal gave Moserbaer a list of environmental demands, based on which a provisional agreement to utilise the 37,875 hectares of forestland had been given. But Moserbaer did not fulfil any of the stipulated demands. According to the village residents, village-level meetings were not organised to discuss rehabilitation and compensation. They also complain that the land was grabbed from them and sold at throwaway prices. While many have not been compensated, the rate being offered is as low as INR 16 per square metre. A letter written by the Bharatiya Kisan Union to Chief Minister Shivraj Chauhan in 2012 alleged discrepancies in the acquisition process. The land acquisition process requires clearances under the Environment (Protection) Act, 1986, and the Forest Rights Act, 2006, which were not followed. There have also been irregularities in the granting of environmental clearance and non-compliance of the provisions under the Panchayats (Extension to Scheduled Areas) Act, 1996. The villagers demanded that land should be acquired under the Land Acquisition Act of 2013 once it became operational (at that time, national deliberations about the Act were ongoing). When the villagers protested, the police pressed criminal charges against them. Their main contention is that Anuppur is a water-scarce region, so a thermal power plant of this magnitude would make things difficult for them by affecting their livelihood. In 2018, the plant was declared commercially operational. According to the Environment Impact Assessment report, 290 families would be displaced by the project, but they are yet to get rehabilitation and resettlement. In 2014, petitioner Bindu Rathore challenged the acquisition of land using the 1894 law and demanded enhanced compensation in the Anuppur district court. The lower court issued a decree to Moserbear to pay enhanced compensation. A case related to the payment of compensation is pending before the High Court. When LCW spoke to Rajkumar Sinha from the National Alliance of People's Movement on October 11, 2019, he said the struggle has lately become inactive due to the government's disinterest in hearing the demands of the affected people. Santosh Agarwal, state president of the Bharatiya Kisan Union, told LCW on July 18, 2020, that Anuppur district is primarily a Schedule V district comprising mainly Adivasis. None of the governments promises related to jobs and rehabilitation have been fulfilled. They (villagers) reside very close to the thermal plant in whatever land they have left. The struggle has now become inactive after years of police clampdown and suppression. _Kisan poora toot chuka hai _(farmers are broken).
Demand for promised compensation
Demand for rehabilitation
Complaint against procedural violations
Demand for more compensation than promised
Opposition against environmental degradation
Rural
Both
Forest and Non-Forest, Non-Forest (Grazing Land), Non-Forest (Other than 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):
₹
6241
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
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.
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-implementation/violation of FRA
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)
National Green Tribunal, High Court of Madhya Pradesh
Case Number
Appeal No. 18 of 2011, F.A.No.818 of 2016 and 836 of 2016 (connected case)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
The police fired on protesters; 27 people were seriously injured and one person died. Several protesters were also detained. The police also filed criminal charges against the protesters.
Date of Violation
May 5, 2012
Location of Violation
Jaithari, Anuppur
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Involvement of national and international NGOs
Protests/marches
Government Departments Involved in the Conflict:
Madhya Pradesh 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:
Hindustan Power Projects Private Limited (HPPPCL)
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
NAPM, Bhartiya Kisan Union
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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