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Legal Review by
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Updated by
Published on
October 19, 2016
May 17, 2022
Edited on
October 19, 2016
In 2006, cement giants Ultratech Cement, Shree Cement, India Cements came to limestonerich Nawalgarh, in Jhunjhunu, to set up cement plants. Limestone is an important raw material in cement production. The state government declared 5,769 hectares as land of "little agricultural importance", and notified it for the plants and ancillary mines. The government has granted 4,600 ha of land to Ultratech Cement (Aditya Birla Group), 780 ha to Shree Cement of Rajasthan and 825 ha to India Cements. Ninety per cent of the notified area is, reportedly, privateowned. About 15,000 farmers and their families across 21 villages stand to lose their land. Since 2010, the farmers began protests in the region and in front of Sub Divisional Magistrate's office against the acquisition. Lately, people of the neighbouring villages have also joined the protest. They are apprehensive of the effect the cement plants can have on the environment, especially groundwater. The conflict is not for more compensation but to retain their land for agriculture purposes. As per the government proposal, the farmers would be given an amount of Rs 18 lakh for one hectare of irrigated land and Rs 17 lakh for one hectare of unirrigated or rainfed land. The landowners are protesting the acquisition of their fertile land which gives them three crops a year. They also accuse the government of taking a decision without consulting the people and without following the procedure of land acquisition transparently. The government claims public consultations were held and notifications were issued in local dailies. Shree Cement Company had requested the Rajasthan State Industrial Development and Investment Corporation (RIICO) to acquire land for its plant. Reportedly, India Cements withdrew its plans for setting up the Plant while land acquisition for other two companies is ongoing despite years of protests from the affected people. Bhumi Adhigrahan Virodhi Kisan Sangarsh Samiti, the platform organising the protests had alleged that there have been incidences of violation of rules and procedures. The Rajasthan Land Tenancy Act prohibits buying land of the Scheduled Castes and Tribes, but it is reported that the companies are buying land in the name of their agents and employees. As of June 2021, Shree Cements is in the process of acquiring the land. It has been reported that the company announced that it will also set up solar power plants with capacity up to 106 MWp there as part of its plans to develop an integrated cement plant.
Complaint against procedural violations
Refusal to give up land for the project
Opposition against environmental degradation
Rural
Private
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
Project underway despite protests
Original Project Deadline
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Water bodies, Agricultural land, Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
1660
Type of investment:
Investment Expected
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
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, Other
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-implementation/violation of FRA
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)
Rajasthan High Court
Case Number
S.B. Civil Writ Petition Nos. 14317, 10659 & 13006 of 2009
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
Protests/marches
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
State Government
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:
Ultratech Cement, Shree Cement and India Cements
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Bhumi Adhigrahan Virodhi Kisan Sangarsh Samiti
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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