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)
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
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the 2013 Act, compensation has not been given, and possession of land has not been taken; Section 114: The 2013 Act repealed the 1894 Act w.e.f. January 1, 2014.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.
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
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:
Documented By
Elizabeth ManiReviewed By
Elizabeth ManiUpdated By
Elizabeth ManiEdited By
Elizabeth ManiLand Conflict Watch
