People Allege Bajaj Power Plant not fulfilling Promises After Taking Land

Reported by

Pushpendra Singh

Legal Data by

Edited by

Updated by

Published on

April 12, 2017

April 12, 2017

Updated on

April 12, 2017

Location of Conflict

Burogaon

Lalitpur

Reason or Cause of Conflict

Thermal Power Plant

(

)

People Affected by Conflict

Households Affected by Conflict

833

Land Area Affected (in Hectares)

648

ha

Starting Year

2011

State

Uttar Pradesh

Sector

Power

Lalitpur Power Generation Co Ltd (LPGCL), run by Bajaj group, had signed an agreement with the Uttar Pradesh government in 2010 to set up 1980 MegaWatt (3 units of 660 MW each) super-critical thermal power plant in Lalitpur district between the rivers Sajnam and Utari. According to the local farmer groups, land acquisition for this project was done in an arbitrary manner (see the attached news article from Divya Sandesh). More than 1000 acres of land was acquired by showing it barren in the papers, but in reality, the acquired land falls on the part of the land irrigated by Sajnam and Utari tributaries.
The farmers demanded that the youth of the villages should be provided jobs and a 24 hour electricity supply should be given to villagers. They also demanded that Bajaj group should give 300 crore to the development of village as well as water from the dams of lalitpur wont be used for the project. Their main contention is that the authorities hadn't fulfilled any of the promises related to payment of compensation, jobs or electricity to village residents. Many families are still awaiting for their compensation.
The project came up before the National Green Tribunal (NGT) in 2015, when a petition was filed against the plant for unlawfully drawing the water from the Dam on which thousands of farmers depend for irrigation. Allegations in the application are that the LPGCL is using fresh water in excess of the permitted limit, not monitoring ambient air quality, not carrying out wastewater treatment and is violating green belt plantation requirement around the plant. Report submitted by a joint committee pointed out deficiencies related to fly ash disposal, handling hazardous waste, control of fugitive emissions, adequate tree plantation.
NGT ordered an inquiry into the matter. In 2019, NGT directed the industry to take remedial measures after drawing up an action plan for mitigation, especially ensure use of of latest technology instead of electro-static precipitators (ESP) for control of stack emissions. The NGT asked the Joint Committee to examine the action plan and oversee the remedial action and assess the amount of compensation to be recovered on account of harm to the environment for the violations caused during the period of default.

Demand/Contention of the Affected Community

Demand for promised compensation

Complaint against procedural violations

Demand for rehabilitation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

Type of Common Land

Total investment involved (in Crores):

17000

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

May, 2019

Why did the conflict end?

Conflict ended due to any other reason

An organization called Action for Vigilance and Knowledge for Empowerment petitioned in the court against environmental degradation. The NGT in 2019 directed the industry to take remedial measures after drawing up an action plan for mitigation

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Water (Prevention and Control of Pollution) Act, 1974
Section 24 (Prohibition on Use of Stream or Well for Disposal of Polluting Matter); Air Act: Section 2(i) (“control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant); Section 16(g) (Functions of Central Board - (g) to lay down standards for emission of air pollutants into the atmosphere from industrial plants); Section 21(5)(i) (Every person to whom consent has been granted by the State Board shall comply with the following condition - the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on)
National Green Tribunal Act, 2010
Section 14 & 15 (Tribunal to settle disputes and order relief and compensation)
Land Acquisition Act, 1894
Section 17(3A)(a) (Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall tender payment of eighty per centum of the compensation for such land as estimated by him to the person interested entitled thereto); Paragraph 5.5(iv) (Commissioner to prepare a plan of rehabilitation), Paragraph VI (Rehabilitation and Resettlement Plan) 
Environmental Impact Assessment Notification, 2006
Paragraph 7 (Prior Environmental Clearance Process for New Projects); Paragraph 10 (Post Environmental Clearance Monitoring)
  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:

Non-payment of compensation/promised compensation

Non-rehabilitation of displaced people

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

National Green Tribunal

Case Number

Original Application No. 128/2015; Original Application No. 609/2018

Main Reasoning/Decision of court

Original Application No. 128/2015; Order dated 15.09.2015: The petitioners claimed that the Environmental Clearance has been violated as the Project Proponent has constructed a wall which has obstructed the natural flow of Rivers Sajnam and Utari, and the Project Proponent is also drawing water in an unauthorized manner and illegally from river Sajnam and that too from a point, i.e., the Check Dam where it is impermissible. However, NGT held that the withdrawal of the water was being done in furtherance to the permission granted by the Chief Secretary of the Uttar Pradesh and the establishment of Check Dam has been done through the NGO for betterment of the farming community as well as for recharging of ground water. Thus, there is no violation of the Environmental Clearance. Original Application No. 609/2018, Order dated 20.08.2018: The allegation was that by M/s Lalitpur Power Generation Company Limited ('LPGC') was operating in violation of conditions of environmental clearance as it was using fresh water in excess of the limits suggested, there is no monitoring of ambient air quality, it is not carrying out waste water treatment and there is also a violation of requirements of green belt plantation around the plant. A joint inspection team comprising of representatives of Ministry of Environment, Forests and Climate Change, Central Pollution Control Board and Uttar Pradesh Pollution Control Board was formed. Original Application No. 609/2018, Order dated 24.05.2019 The NGT accepted the recommendations of the joint committee and directed the project proponent to take remedial measures after drawing up an action plan for mitigation and especially ensure use of latest technology instead of electro-static precipitators (ESP) for control of stack emissions. The committee was also asked to examine the action plan and oversee the remedial action and assess the amount of compensation to be recovered on account of harm to the environment for the violations caused during the period of default. Original Application No. 609/2018, Order dated 14.05.2020: NGT on 21.01.2020 had received the compliance status of report of the project proponent and had directed that compensation may be deposited with the State PCB. However, the State PCB noted in letter dated 11.05.2020 that the compensation has not been deposited and that the unit was lying closed due to collapse of 220 KV Lalitpur TPS-Jhansi line. LPGC sought more time. Original Application No. 609/2018, dated 28.10.2020: The NGT noted that State PCB’s report dated 13.08.2020 does not indicate any satisfactory progress on the subject of installation of FGD as well as other deficiencies on the subject. However, no update was available from LPGC. The Tribunal held it has no other option except to defer the proceedings with a hope that the LPGC will understand its legal responsibility to the environment and the rule of law and now take effective measures and file action taken report before the next date.

Major Human Rights Violations Related to the Conflict:

No items found.

Whether criminal law was used against protestors:

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

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:

Lalit Power Generation Corporation (owned by Bajaj Group)

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Village Residents

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
X

Support our work

Your contribution ensures continuity of this crucial project.

As a member, you will get exclusive access to special reports, policy papers and research projects undertaken by Land Conflict Watch and behind-the-scenes interactions with the writers and researchers about their work.
Join Now