In 2015, the locals in Thana Plaun and Mandal villages, a landslide-prone zone, opposed the ongoing construction of an additional edit tunnel for the Sawra – Kuddu Hydro Electric Project (HEP).
The 111 Megawatt HEP is a run-of-the-river project on the Pabbar river, a tributary of Yamuna, in the Shimla district of Himachal Pradesh. The work for the project started in 2007, and the Himachal Pradesh Power Corporation Limited (HPPCL) undertook the execution. It is a part of the Himachal Pradesh Clean Energy Development Program funded by the Asian Development Bank. The project’s investment cost increased from the initial estimation of INR 558.53 crore to INR 1,165.10 by 2017, according to a 2014 CAG report, which also highlighted the possibility of the project turning commercially unviable.
In May 2015, the affected farmers, whose villages were underneath the tunnel, started to agitate and demanded an immediate ban on constructing the 424-metre long tunnel. As per a news report, the local leaders allege that the corporation did not acquire a No Objection Certificate from the gram panchayat before starting the construction. A protesting leader from State Kisan Sabha claimed that the additional tunnel was being constructed rashly to “achieve the deadline” after multiple delays. There were also claims that the tunnel did not get an environmental clearance. However, the corporation refuted these claims. It stated that the tunnel would not affect the villages and had received the due clearances, according to another news report.
Following the protests, a representative from Thana Gram Panchayat filed an affidavit with the National Green Tribunal. They [claimed](http://cimfr.csircentral.net/2360/1/Evaluating the sustainability of a hydropower project in theHimalayas A case study for resolving legal disputes in tribunals.pdf) that the houses in the village suffered cracks due to the vibrations from the blasting activities, and it adversely affected their apple orchids. The affected families also raised concerns over the drying up of water sources in the region, and the fear of soil erosion.
In July 2015, NGT [halted](https://www.hindustantimes.com/punjab/ngt-orders-halt-to-tunnelling-work-at-hydel-project/story-g146uDuuKjPeI1Qz7dvKdL.html /) the construction to investigate these claims.
Subsequently, on March 23, 2016, the NGT ordered HPPCL to compensate the households which suffered damage in 90 days, stated a news report. It also directed the state government to adopt necessary measures to protect the region, and avoid causing any further damages. One such directive was to formulate a committee to survey the affected area and recommend a “revival plan” for the water sources, which were drying up. However, NGT did not rule to stop the construction. Instead, it cautioned the villagers against causing any obstructions to the process.
Earlier, some of the project affected villages had also appealed in the Shimla High Court against the low compensation offered for the land acquisition from the eight panchayats. On October 12, 2018, the court revised the compensation rates and directed the corporation to distribute benefits to all the affected families, even if they did not approach the court.
As per the news reports, the project was finally commissioned in April 2020, after a delay of over seven years. However, many of the affected families are yet to receive compensation. A news report published in February 2021 noted that the directives given by the NGT were not followed through by the administration, and the households in Thana village continued to struggle for water supply.
In Thana village, only about 40% of the affected households had received compensation even after the HEP has started, Manshi Asher, a representative from the Himdhara collective, informed Land Conflict Watch. Based on her discussions with a local, she stated that the rest were yet to receive a final decision on the compensation, and the issue of dried water sources is still not resolved.
Demand/Contention of the Affected Community
Demand for compensation
Opposition against environmental degradation
Demand for promised compensation
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common and Private
Forest and Non-Forest
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 completed
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Other Natural Resource extraction/dependence, Agricultural land
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
1165
Type of investment:
Revised Investment
Year of Estimation
2007
Has the Conflict Ended?
Yes
When did it end?
October 2018
Why did the conflict end?
Court decision in favour of community
In relation to the claim of NoC and environmental clearnace, , NGT NGT did not rule to stop the construction. Instead, it cautioned the villagers against causing any obstructions to the process. In addition it also ordered, HPPCL to compensate the households which suffered damage in 90 days. Shimla HIgh Court revised the compensation rates and directed the corporate to distribute benefits to all the affected families, even if they did not approach the court.
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Forest and Scheduled Area Governance Laws, Procedural Laws, Environmental Laws
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.
Whether claims/objections were made as per procedure in the relevant statute
Yes
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:
Controversial land acquisition by the government
Violation of environmental laws
Delay in compensation
Non-payment of compensation/promised compensation
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)
High Court of Himachal Pradesh, National Green Tribunal
Case Number
RFA No. 368 of 2014
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
District Administration, Shimla
PSUs Involved in the Conflict:
Himachal Pradesh Power Corporation Limited
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Patel Engineering
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Himachal Kisan Sabha
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?
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