At least nine hectares of land have been acquired from Dandiapali village in Sundergarh district for the expansion of National Highway 143 between Birmitrapur and Rourkela. The tribal population of the village, under the banner of Sundergarh Zilla PESA Coordination Committee, organised a protest march led by coordinator Santosh Oram. They allege that the land has been acquired without the approval of the gram sabha. This area is a Schedule V district and, therefore, land acquisition without consent violates the provisions of the PESA Act,1996. Interestingly, the gram sabha members were unaware of the whole procedure. Meanwhile, an official of the National Highways Authority of India said that "the protest is unjustified, and the work will be completed within 30 months". This response exacerbated the matter. In 2018, the construction of the highway, which had so far suffered delays due to ongoing protests and lack of enviornmental clearances, was fasttracked by Nitin Gadkari, Union minister for road transport and highways. In 2020, it was announced that the underconstruction 126kilometre stretch of the highway that was due to be completed by the end of the year had been delayed due to the COVID19 pandemic and would now be completed by March 2021.
Demand/Contention of the Affected Community
Complaint against procedural violations
Region Classification
Rural
Type of Land
Both
Type of Common Land
Forest
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Environmental Laws, Other
Legislations/Policies Involved
The Panchayats (Extension to Scheduled Areas) Act, 1996
Section 4(E) [Prior approval of gram sabha required for projects for social and economic development in Scheduled areas]
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 105 [Provisions of this Act not to apply for land acquired as per the National Highways Act of 1956]
The National Highways Act, 1956
Section 3A [Notification regarding the intention of the government to acquire land to be published in a local newspaper of vernacular language]
Environmental Impact Assessment Notification, 2006
Section 2(ii) [Projects for expansion of highways involving land acquisition to obtain prior environmental clearance]
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?
No
Legal Processes and Loopholes Enabling the Conflict:
Non-implementation/violation of the PESA, Violation of LARR Act
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors
No
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
Protests/marches
Government Departments Involved in the Conflict:
National Highways Authority of India (NHAI)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Name, Designation and Comment of Corporate Authorities Approached
Other Parties Involved in the Conflict:
Documented By
Sanghamitra DubeyReviewed By
Sanghamitra DubeyUpdated By
Sanghamitra DubeyEdited By
Sanghamitra DubeyLand Conflict Watch
