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Farmers Allege Forceful Consent for Pattiseema Irrigation Project in Andhra Pradesh

Reported by

Surabhi Bhandari

Legal Review by

Edited by

Updated by

Published on

September 19, 2016

March 11, 2023

Edited on

September 19, 2016

State

Andhra Pradesh

Sector

Power

People Affected by Conflict

91

Households Affected by Conflict

19

Land Area Affected (in Hectares)

728

ha

Starting Year

2015

Location of Conflict

Pattiseema

West Godavari

Reason or Cause of Conflict

Irrigation Dam

Land Conflict Summary

The Pattiseema lift irrigation project was commissioned in July 2014 and was built by 2016, sidestepping the concerns of farmers whose lands were acquired and of experts who questioned the necessity, viability and feasibility of the project. The project was completed in a record time of two years by interlinking the Krishna and Godavari rivers by diverting surplus Godavari waters into the Krishna through the Polavaram right canal, reaching Krishna at the barrage near Vijayawada.
Local residents and activists question the necessity of the project when water availability to Rayalaseema depends on other irrigation projects -- Handri Neeva Sujala Sravanti and Galeru Nagari Sujala Sravanti, both of which are under construction. Further, there is no assured allocation of water to Rayalaseema. The Pattiseema project is said to be relevant only till the completion of the Polavaram project, after which the equipment used for Pattiseema would be dismantled and used for other projects.
The farmers allege that they were not consulted before the start of the project but were forced to give their consent for the same. Eventually, INR 701.41 crore were spent for acquiring 1,798 acres. of land
In 2017, the CAG report stated that construction patterns for the dam kept on changing frequently, which resulted in an additional burden of INR 106 crore. Activists and farmers claim that the project is a colossal waste of public money and state that the cost outweighs its benefits. They also accuse the government of spending large sums of money to advertise and promote the project in various events.
Experts have also pointed out that proper environmental impact studies were not carried out on mixing river waters, loss of habitat and effect on wetlands and floodplains.
In June 2019, RTI queries by environmental activists revealed that the state government did not even obtain an environmental clearance for the Pattiseema project on the ground that it was covered under the environmental clearance granted to the Polavaram project, though there were substantial differences in design, cost and physical specifications.
However, on February 20, 2020, a National Green Tribunal-appointed committee did not consider the same when it was directed to look into the clearances obtained by Pattiseema and other irrigation projects in Andhra Pradesh. The NGT had sought a report on the same from the government within four weeks.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common 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):

1300

Type of investment:

Cost of Project

Year of Estimation

2014

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Environmental Laws

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment]; Section 4(4)(f) [The Social Impact Assessment shall include a study of all the social impacts of the project and the overall costs imposed by the project viv-a-vis its benefits]; Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report]
Environmental Impact Assessment Notification, 2006
Clause 2 [All irrigation projects not involving inter-state domain shall require clearance from the State Environment Impact Assessment Authority]; Clause 7(ii) [A fresh environmental clearance shall be obtained for any modernization of existing unit or for any change in the technology or product mix of a project]; 
Central Water Commission's Guidelines for Submission, Appraisal and Clearance of Irrigation and Multipurpose Projects, 2010
Clause 3.1 [A detailed project report containing the interstate issues of the project, details of land coming under submergence, availability of water, ecological aspects, etc. must be submitted before the Central Water Commission for the clearance of the project]
Environmental Impact Assessment Notification, 2006
Schedule I, Item 8(a): This project would fall under the General Conditions and therefore be a Category A project requiring mandatory clearance; Section 7(III): Conducting public consultation
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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 free prior informed consent

Controversial land acquisition by the government

Violation of environmental laws

Non-implementation/violation of LARR Act

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal Principal Bench

Case Number

O.A. No. 175/2018

Main Reasoning/Decision of court

The petition was filed before the NGT challenging the legality of the Pattiseema irrigation project, which was undertaken without obtaining an Environmental Clearance as per the procedure laid down in the EIA notification. The court held that amendments had to be made to the previous environmental clearance obtained for the earlier proposed Polavaram Project Scheme. The tribunal held that since the new irrigation project had the potential of impact on the environment, the necessary procedures as per the EIA notification would have to be followed, and a fresh Environmental Clearance would have to be obtained.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Media-based activism/alternative media

Government Departments Involved in the Conflict:

Water Resources 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:

M/s Megha Engineering & Infrastructures Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Local farmers

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

The Pattiseema lift irrigation project was commissioned in July 2014 and was built by 2016, sidestepping the concerns of farmers whose lands were acquired and of experts who questioned the necessity, viability and feasibility of the project. The project was completed in a record time of two years by interlinking the Krishna and Godavari rivers by diverting surplus Godavari waters into the Krishna through the Polavaram right canal, reaching Krishna at the barrage near Vijayawada.
Local residents and activists question the necessity of the project when water availability to Rayalaseema depends on other irrigation projects -- Handri Neeva Sujala Sravanti and Galeru Nagari Sujala Sravanti, both of which are under construction. Further, there is no assured allocation of water to Rayalaseema. The Pattiseema project is said to be relevant only till the completion of the Polavaram project, after which the equipment used for Pattiseema would be dismantled and used for other projects.
The farmers allege that they were not consulted before the start of the project but were forced to give their consent for the same. Eventually, INR 701.41 crore were spent for acquiring 1,798 acres. of land
In 2017, the CAG report stated that construction patterns for the dam kept on changing frequently, which resulted in an additional burden of INR 106 crore. Activists and farmers claim that the project is a colossal waste of public money and state that the cost outweighs its benefits. They also accuse the government of spending large sums of money to advertise and promote the project in various events.
Experts have also pointed out that proper environmental impact studies were not carried out on mixing river waters, loss of habitat and effect on wetlands and floodplains.
In June 2019, RTI queries by environmental activists revealed that the state government did not even obtain an environmental clearance for the Pattiseema project on the ground that it was covered under the environmental clearance granted to the Polavaram project, though there were substantial differences in design, cost and physical specifications.
However, on February 20, 2020, a National Green Tribunal-appointed committee did not consider the same when it was directed to look into the clearances obtained by Pattiseema and other irrigation projects in Andhra Pradesh. The NGT had sought a report on the same from the government within four weeks.

Demand/Contention of the Affected Community

Opposition against environmental degradation

Refusal to give up land for the project

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common Land

Total investment involved (in Crores):

1300

Type of investment:

Cost of Project

Year of Estimation

2014

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, Environmental Laws

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment]; Section 4(4)(f) [The Social Impact Assessment shall include a study of all the social impacts of the project and the overall costs imposed by the project viv-a-vis its benefits]; Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report]
Environmental Impact Assessment Notification, 2006
Clause 2 [All irrigation projects not involving inter-state domain shall require clearance from the State Environment Impact Assessment Authority]; Clause 7(ii) [A fresh environmental clearance shall be obtained for any modernization of existing unit or for any change in the technology or product mix of a project]; 
Central Water Commission's Guidelines for Submission, Appraisal and Clearance of Irrigation and Multipurpose Projects, 2010
Clause 3.1 [A detailed project report containing the interstate issues of the project, details of land coming under submergence, availability of water, ecological aspects, etc. must be submitted before the Central Water Commission for the clearance of the project]
Environmental Impact Assessment Notification, 2006
Schedule I, Item 8(a): This project would fall under the General Conditions and therefore be a Category A project requiring mandatory clearance; Section 7(III): Conducting public consultation
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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 free prior informed consent

Controversial land acquisition by the government

Violation of environmental laws

Non-implementation/violation of LARR Act

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal Principal Bench

Case Number

O.A. No. 175/2018

Main Reasoning/Decision of court

The petition was filed before the NGT challenging the legality of the Pattiseema irrigation project, which was undertaken without obtaining an Environmental Clearance as per the procedure laid down in the EIA notification. The court held that amendments had to be made to the previous environmental clearance obtained for the earlier proposed Polavaram Project Scheme. The tribunal held that since the new irrigation project had the potential of impact on the environment, the necessary procedures as per the EIA notification would have to be followed, and a fresh Environmental Clearance would have to be obtained.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Media-based activism/alternative media

Government Departments Involved in the Conflict:

Water Resources 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:

M/s Megha Engineering & Infrastructures Ltd

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Local farmers

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

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