Rajasthan Government Yet to Denotify Land Acquisition for Scrapped Power Plant in Barmer

Reported by

Elizabeth ManiLand Conflict Watch

Last updated on

August 31, 2021

Location of Conflict

Shivkar

Barmer

Reason or Cause of Conflict

Thermal Power Plant

Mining and power industry

(

)

People Affected by Conflict

4000

Land Area Affected (in Hectares)

1855

ha

Starting Year

2007

State

Rajasthan

Sector

Power

In 2007, the Rajasthan government had planned a lignitebased thermal power plant in Shivkar village in Barmer district and reserved 1, acres of land for lignite mining. Despite numerous protest demonstrations by the project affected people, the state authorities continued with the land acquisition. In 2012, a public hearing was called to receive feedback from villagers on the land acquisition. At the hearing, the villagers/farmers reiterated that they would only give up their land under the provisions proposed in the new Land Acquisition Bill, later enacted as the Land Acquisition Act, 2013. However, in January 2014, the government again issued notices to the farmers for land acquisition under the Land Acquisition Act, 1894. The farmers then filed a petition at the Rajasthan High Court, which directed the government to acquire the land under the new Land Acquisition Act, 2013. But, in a sudden change of plans, in 2015, the district authorities announced that they will not acquire the land. Furthermore, when the project affected families urged the authorities to issue official orders to denotify the land reserved for the project, the government is allegedly delaying it. This has restricted the farmers from exercising their rights on the land, such as selling it off and availing farm loans. Land Acquisition Officer Neeraj Mishra said that he has informed the state government about the matter and that the decision is now pending with the government.

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to denotify land notified for acquisition

Region Classification

Rural

Type of Land

Private

Type of Common Land

Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

450

Type of investment:

Investment Expected

Year of Estimation

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws

Legislations/Policies Involved

  1. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

    Section 24(2): Acquisition proceedings lapse if the award was passed more than 5 years before the 2013 Act, compensation has not been given, and possession of land has not been taken; Section 114: The 2013 Act repealed the 1894 Act w.e.f. January 1, 2014. Therefore, notices issued in 2014 were unlawful as they were issued under the old Act.

  2. Land Acquisition Act, 1894

    Section 5A: Collector is required to hear objections to the proposed land acquisition; Section 48: Government must compensate land owners for any damage caused by the notification of land acquisition in case the acquisition is not completed.

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:

Use of old/outdated laws , Delay in allotment and possession of land/property, Controversial land acquisition by the government , Lack of legal protection over land rights

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)

Rajasthan High Court

Case Number

Civil Writ Petition No. 9614 of 2018 (single bench)

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Boycott of official procedures/non-participation in official processes, Advocacy (for inclusion in courts), Campaigns (Grassroots organisations/press releases/media)

Government Departments Involved in the Conflict:

Rajasthan State Mines and Minerals Limited (RSMML), Rajasthan Government

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Neeraj Mishra, Land Acquisition Officer He said he has informed the state government about the matter and that the decision is now pending with the government.

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

N/A

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Elizabeth Mani

Reviewed By

Elizabeth Mani

Updated By

Elizabeth Mani

Edited By

Elizabeth ManiLand Conflict Watch
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