Residents of Ugras and Nagnechinagar villages in Jodhpur district had been opposing a solar power plant by Essel Saurya Urja Company of Rajasthan Limited (ESUCRL), a joint venture of the state and IL&FS Energy Development Company Limited. The plant is proposed over 331.1 hectares of land in Ugras, listed in government records as ‘barren’ or ‘wasteland’. The solar plant is expected to generate 750 megawatt of power.
The proposed land is home to dhanis (a cluster of houses in the middle of a field), which the residents claimed were built 40-45 years ago, and is also used to cultivate crops. They claimed that they were not informed about the land allocation to ESUCRL and that they had complete rights over the land. According to them, the land in question includes water tanks, hills, oran, rivers, schools, temple and residential houses and, thus, is used by the community.
In 2018, the residents protested outside the sub-division office in Phalodi, Jodhpur, and demanded that the project be stopped. They also submitted a memorandum. The same year, they filed a case in the High Court of Rajasthan for cancellation of land allotment of 331 hectares in Ugras, but the court dismissed the petition, citing lack of adequate evidence to ascertain whether the said land was being used for public utilities or not. The court had ordered a survey to determine this, but there was no official update on whether the survey was conducted.
One of the petitioners informed LCW that they did not wish to pursue the matter after the court's verdict.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Non-Forest (Other than Grazing 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?
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
2022
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Agricultural land
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
452
Type of investment:
Cost of Project
Year of Estimation
2021
Has the Conflict Ended?
Yes
When did it end?
June 29, 2021
Why did the conflict end?
Court decision not in favour of community
In Ugras village in Jodhpur, the residents had demanded that the land allotted to Essel Saurya Urja Limited be cancelled on the grounds that the land is being used for public utility. However, the demand was rejected both by a single-judge bench of the Rajasthan high court as well as a division bench of the court, citing lack of adequate evidence to ascertain whether the said land was being used for public utilities or not. After the court order, the petitioners did not pursue the matter further.
Categories of Legislations Involved in the Conflict
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
No
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:
Lack of legal protection over land rights
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)
Jodhpur Bench, High Court of Rajasthan
Case Number
CW-16304/18, CW-16305/18, SAW-52/2020, SAW-51/2020
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
Government Departments Involved in the Conflict:
District Collector of Jodhpur, Board of Revenue for Rajasthan, Energy Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Yes
Name, Designation and Comment of the Government Authorities Approached
LCW did not receive any response despite multiple emails and calls to the office of the company.
Corporate Parties Involved in the Conflict:
Essel Saurya Urja Company of Rajasthan Limited
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
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?
Kuber is a second-year student of Political Science and Economics at St. Stephen's College, University of Delhi, with interests in public policy, rural development, political analysis and organisation management. He is currently interning with the Observer Research Foundation. In the past, he has worked with Transform Rural India Foundation (an initiative of Tata Trusts) and India Development Review, learning research, data and organisation management.
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