Gujarat
Baghi, Rajgadh, Amargadh-Bhichari, Padsan, and Lothda
,
Rajkot city
,
Rajkot
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Villagers in Rajkot Oppose Relocation Scheme for Maldharis, Fear Impact on Livelihood
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
1658
People Affected
2017
Year started
41
Land area affected
Households affected
1658
People Affected
2017
Year started
41
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Caste-based Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

In 2016, the Rajkot Municipal Corporation (RMC) expeditated the process to relocate Maldharis or traditional cattle owners to the outskirts of Rajkot city from different parts inside the city limits. It also shortlisted five villages, namely Baghi, Rajgadh, AmargadhBhichari, Padsan, and Lothda. Traditionally, Maldharis are seminomadic and tend to live near grazing lands and sell the milk to earn a livelihood. However, the relocation scheme came in the pipeline many years ago owing to the increasing problems related to managing the cattle in the city. It also stems from the city administration's intention to mainstream Maldharis by giving them social security and making them a part of the streamlined milk business.   In April 2017, RMC had already received consent from approximately 1,658 Maldhari families for relocation. These families own about 20,000 cattle. Under the scheme, every cattle owner would get 25 square metres of land to construct a house and space to keep their cattle. In the first phase, 561 Maldhari families with 7,634 cattle would relocate to different parts of the five selected villages.  However, the residents of the surrounding villages are opposed to the relocation scheme fearing its impact on their settlements. Reportedly, these villages collectively already have a cattle population of about 21,000.  On April 07, 2017, over fifty farmers gathered at the Rajkot collectorate with their cattle to oppose the relocation of Maldharis in their villages. They submitted a memorandum to the District Collector stating that relocation of Maldharis would adversely affect their farming and livelihood. They fear that the cattle of Maldharis will destroy their crops and consequently, harm their livelihood. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Non-Forest (Grazing Land), 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?

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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Aditi Patil

Gujarat

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Villagers in Rajkot Oppose Relocation Scheme for Maldharis, Fear Impact on Livelihood

Reported by

Aditi Patil

Legal Review by

Edited by

Updated by

Updated by

Published on

April 22, 2017

October 4, 2024

Edited on

April 22, 2017

Sector

Land Use

Reason or Cause of Conflict

Caste-based Conflict

Relocation scheme

Starting Year

2017

Land Area Affected (in Hectares)

41

ha

Households Affected by Conflict

People Affected by Conflict

1658

State

Gujarat

Sector

Land Use

People Affected by Conflict

1658

Households Affected by Conflict

Land Area Affected (in Hectares)

41

ha

Starting Year

2017

Location of Conflict

Rajkot city

Baghi, Rajgadh, Amargadh-Bhichari, Padsan, and Lothda

Rajkot

Reason or Cause of Conflict

Caste-based Conflict

Relocation scheme

Land Conflict Summary

In 2016, the Rajkot Municipal Corporation (RMC) expeditated the process to relocate Maldharis or traditional cattle owners to the outskirts of Rajkot city from different parts inside the city limits. It also shortlisted five villages, namely Baghi, Rajgadh, AmargadhBhichari, Padsan, and Lothda. Traditionally, Maldharis are seminomadic and tend to live near grazing lands and sell the milk to earn a livelihood. However, the relocation scheme came in the pipeline many years ago owing to the increasing problems related to managing the cattle in the city. It also stems from the city administration's intention to mainstream Maldharis by giving them social security and making them a part of the streamlined milk business.   In April 2017, RMC had already received consent from approximately 1,658 Maldhari families for relocation. These families own about 20,000 cattle. Under the scheme, every cattle owner would get 25 square metres of land to construct a house and space to keep their cattle. In the first phase, 561 Maldhari families with 7,634 cattle would relocate to different parts of the five selected villages.  However, the residents of the surrounding villages are opposed to the relocation scheme fearing its impact on their settlements. Reportedly, these villages collectively already have a cattle population of about 21,000.  On April 07, 2017, over fifty farmers gathered at the Rajkot collectorate with their cattle to oppose the relocation of Maldharis in their villages. They submitted a memorandum to the District Collector stating that relocation of Maldharis would adversely affect their farming and livelihood. They fear that the cattle of Maldharis will destroy their crops and consequently, harm their livelihood. 

Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common

Type of Common Land

Non-Forest (Grazing Land), 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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Other, Land Reform Laws

Legislations/Policies Involved

Gujarat Provincial Municipal Corporations Act, 1949
Section 63(23A): Municipality has the power to make plans for economic and social development; Section 66(6): The Municipality has discretionary power over dairies or farms that supply and distribute milk
Gujarat Land Revenue Code, 1879
Section 62 [Unoccupied land may be granted by the collector for use subject to rules and on conditions he deems fit.]
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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:

Forced evictions/dispossession of land

Lack of legal protection over land rights

Violation of free prior informed consent

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Rajkot Municipal Corporation

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:

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Image Credit:  

Video

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