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Legal Review by
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Updated by
Published on
August 25, 2021
May 17, 2022
Edited on
August 25, 2021
Nearly two decades after it was proposed, the Indiabased Neutrino Observatory (INO) project the most expensive basic science experiment proposed in the country at an estimated cost of INR 1,500 crore is yet to take off. After overcoming a series of litigations, the INO project seemed to have overcome its hurdles in December 2020 when the Union government notified an area of zero to one kilometre around the boundary of the Mathikettan Shola National Park in Kerala as an ecosensitive zone (ESZ), effectively placing the INO project site at Pottipuram panchayat in Tamil Nadus Theni district outside the ESZ. The national park is located near the Tamil NaduKerala border. But the project has now met with another bottleneck. During a meeting on February 17, 2021, the Tamil Nadu forest department reportedly informed the Department of Atomic Energy, the funding agency, that the project site falls in the MathikettanPeriyar tiger corridor. The Tata Institute of Fundamental Research, the project proponent and one among the consortium of 21 institutes involved in the project, was then required to apply for wildlife clearance, which is yet to be examined by the State Board for Wild Life. Speaking to LCW, Chief Wildlife Warden Shekhar Kumar Niraj confirmed that the project site falls in the tiger corridor. This brings the state and national boards for wildlife into the picture. Based on their recommendations and the existing laws and policies, the environment ministry will decide on the future course of action. Meanwhile, INO Project Director Gobinda Majumder, in a press release, said that the project would not affect the tiger corridor as the tunnel would be constructed several metres underground. The surface facilities are purely restricted to the 26.82 hectares of revenue land, and they lie completely outside the adjoining reserve forest. Of the 4.62 hectares of underground construction, it is clarified that the tunnel entrance (portal) begins in the revenue land and the horizontal tunnel gets several metres deep before it enters the forest land, he explained. D. Indumathi of the Institute of Mathematical Sciences, who is also a member of the INO Scientific Management Board, told LCW that not even an inch of the tiger corridor would be occupied as the portal to enter the tunnel would start well outside the corridor on government land. Meanwhile, Tamil Nadu Chief Minister M.K. Stalin, who has always opposed the project, submitted a memorandum to Prime Minister Narendra Modi on June 17, 2021, listing a number of demands, including the scrapping of the project. Earlier in 2019, the Marumalarchi Dravida Munnetra Kazhagam (MDMK), an alliance partner of the ruling Dravida Munnetra Kazhagam, had launched a campaign against the project. Stalin, who was then the Leader of Opposition, had flagged off a protest rally of the MDMK. The residents of Pottipuram panchayat have expressed fear that they would be alienated from the pastoral lands and Ambarappar hill, which they consider their deity. They have also raised concerns about the project utilising 3.5 lakh litres of water per day from the Mullaperiyar Dam. Responding to the grievances, Dr. Indumathi had said that the rights of the community outside the fenced land would not be taken away. The water required for the project accounts for just 0.00002 per cent of the annual flow of the Mullaperiyar river, which is equivalent to the demand of 150 families, she further told LCW. The villagers also fear "radiation leaks" from neutrinos. The INO project was granted environmental clearance in March 2018.
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Rural
Common
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:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
NA
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Other, 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:
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)
National Green Tribunal, New Delhi
Case Number
Appeal no. 60 of 2018 (M.A. no. 635 of 2018)
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
Public campaign
Self-immolation
Complaints/petitions/letters/memorandums to officials
Development of a network or collective
Government Departments Involved in the Conflict:
Forest Department, Department of Atomic Energy, Bhabha Atomic Research Centre, Department of Science and Technology
PSUs Involved in the Conflict:
Aligarh Muslim University, Banaras Hindu University, Central University of Karnataka, Delhi University, Harish Chandra Research Institute, Indian Institute of Science Education and Research, Indian Institute of Technology Bombay, Indian Institute of Technology Gandhinagar, Indian Institute of Technology Madras, Institute of Physics, Institute of Mathematical Sciences, Jammu University, Jawaharlal Nehru University, Lucknow University, Panjab University, Physical Research Laboratory, Saha Institute of Nuclear Physics, Tata Institute of Fundamental Research, Tezpur University, University of Calcutta, University of Calicut, University of Hyderabad, University of Kashmir, University of Mysore, Utkal University, Variable Energy Cyclotron Centre
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:
Dravida Munnetra Kazhagam, Marumalarchi Dravida Munnetra Kazhagam
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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