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Published on
September 20, 2016
May 20, 2022
Edited on
September 20, 2016
The Kanhar dam was originally approved by the Central water commission in September, 1976 with an initial budget of INR 27.75 crores. Initially, the foundation work was undertaken but the project was put on hold due to inter-state issues, lack of funds and strong protests from tribal communities of the region. The construction work was completely abandoned by1989-90.
Since then, there were numerous times when the project was re-inaugurated in 2011 and 2012. However, no work was taken up. In 2014, after a span of 25 years the project was commenced without a fresh cost benefit analysis (CBA), any environment impact assessment (EIA) or the Social Impact Assessment (SIA) for the project. The Environmental clearance for the project was undertaken in 1980 and a fresh clearance under the EIA Notification 2006 wasn't undertaken. The matter was taken to the National Green Tribunal in December 2014, the tribunal directed an inquiry and restraint in the construction. In May 2015, the tribunal gave its go-ahead to the project because a lot of investment had already gone into the project, and much of the construction work had already been done. "Any direction for stoppage of work or demolition of the project will not serve the ends of justice or the environment", NGT stated (See the attached fact-finding report).
The inauguration of the project held on 5th December 2014 was marked by presence of heavy police force and paramilitary forces which were deployed to guard the construction site on the river bed. Few roads have been blocked by Police and the entry to the project site is stopped ahead of the construction site. CCTV cameras are also reported to be installed at the site to keep a regular check on the activities.
The dam construction work began without consulting the villagers or the local gram panchayats. When villagers were first told about the project in the year 1976, then Chief Minister of Uttar Pradesh Shri N D Tiwari promised them 5 acres of land, one job in each family and a house measuring 40 x 60 feet, apart from full facilities of education, health, electricity and water to the affected villages of the region. Later in 1983, compensation payments were made to a certain number of villagers and only to the heads of households at the rate of Rs. 2700 per acre. But the process got stalled again (See the attached fact-finding report).
If constructed, the dam will submerge more than 4,000 Hectares of land in which not only the forest be affected, but nearly 10,000 families (many of which are tribal) will be displaced. The forest cover will also be put at risk; the Renukoot Forest Division is in fact one of the most dense forests of Sonebhadra with tree density of 652 per hectare.
Gram Sabhas (village councils) in the area of the project affected villages has already passed resolutions against the project and submitted the same to the UP government.
A local committee, Kanhar Bachao Andolan, started mobilization against the project in 2002.
In 2014, the Sub Divisional Magistrate along with the UP- Provincial Armed Constabulary (PAC) came to the protest site and intimidated the protestors. It caused a chaos in which the Sub Divisional Magistrate was injured. A series of arrests, allegedly in retaliation, were made by the police with cases filed against 16 named and 500 unnamed locals (See the attached fact-finding report). In April 2015, the protesters again held a dharna opposing the project when the UP- Provincial Armed Constabulary (PAC) open fired and Aklu Chero – an adivasi resident from Sundari village was hit by a bullet. 39 persons were injured out of which 12 of them are seriously wounded. After this incident the deployment was increased to about 500-1000 officials of the PAC. A few days later, the PAC entered the Bhisur village and vandalized houses, damaged people’s properties, beat up the residents of village. They also filed criminal cases against 956 villagers _(See the attached fact-finding report). _The fact finding report states that such acts of violence were conducted to terrorize communities protesting against the project.
Debadityo Sinha from Vindhyan Ecology and Natural History Foundation informed Land Conflict Watch that the protests ended in the year 2015 soon after the firing incident. No ground level agitation has been going since then. A High Court court case challenging the acquisition proceedings is pending. In 2020-21, the UP government sanctioned Rs 180 crore to expedite construction of the dam.
Refusal to give up land for the project
Demand for rehabilitation
Rural
Both
Forest and Non-Forest, 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?
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
28
Type of investment:
Investment Made
Year of Estimation
2014
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
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.
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:
Non-implementation/violation of FRA
Non-payment of compensation/promised compensation
Forced evictions/dispossession of land
Non-implementation/violation of LARR Act
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)
National Green Tribunal; Allahabad High Court
Case Number
CIVIL APPEAL NOS. 3264- 3268, 3262-3263 OF 1998; Writ C – 58444/2014 with Writ C – 67043/2011
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Blackmail/threats/intimidation
Whether criminal law was used against protestors:
Reported Details of the Violation:
The protests in April 2015 at the Kanhar Dam construction site were met with violent repression from the Uttar Pradesh Police. In an incident of firing by the Police on 14th April 2015 on the protesters, one person was killed and at least 8 more were injured. The fact-finding report of the Chhattisgarh Bachao Andolan (CBA) claimed that at least 39 people were injured in the incident of firing by the police, of which at least 12 were grievously injured.
Date of Violation
Location of Violation
Sugawan
Nature of Protest
Advocacy (for inclusion in courts)
Blockades
Government Departments Involved in the Conflict:
Uttar Pradesh and Chhattisgarh State Governments, Ministry of Water Resources, GoI
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Community members of affected villages
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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