National Hydroelectric Power Corporation (NHPC) is planning the construction of an 800 MW power project on Marusudar river-the main tributary of the Chenab-in Kishtwar district in Jammu. Upon completion, the project will displace seven villages, which have a population of 6,332, comprising 1,052 families. The Bursar Hydroelectric Project is a storage project, wherein the stored water is intended to be used for additional power generation during lean flow months. The project was announced in August 2016. The villagers were alerted when officials and project developers started demarcating the land in 2017. In April 2018, residents of the villages that are likely to be affected held a protest for one and a half months in Kishtwar against the construction of the dam and the power project. They do not want to give up their land as they grow maize, rice, pulses and walnuts on it. Most of the protesters are farmers, labourers and students and have been protesting under the banner of the Pakal-Bursar Dam Committee, formed on April 5 this year. They claim that the dam will displace them and they will lose everything they have made out of their blood and sweat. The state government admitted in January that seven revenue villages-Yourdu, Nawapahi, Qadernath, Chinjer, Deharna, Lopara and Janakpora-will be completely submerged once work on the project starts. Prior to the dissolution of the state Assembly in November, the coalition government of the Peoples Democratic Party and the Bharatiya Janata Party had earmarked Rs 211.41 crore for Resettlement and Rehabilitation of the affected people.
Demand/Contention of the Affected Community
Refusal to give up land for the project, Opposition against environmental degradation
Region Classification
Rural
Type of Land
Both
Type of Common Land
Forest and Non-Forest, Non-Forest (Other than Grazing Land)
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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:
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)
Supreme Court of India
Case Number
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors
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
Government Departments Involved in the Conflict:
Revenue Department, District Magistrate, Ministry of Environment and Forests
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:
National Hydroelectric Power Corporation (NHPC)
Did LCW Approach Corporate Parties for Comments?
Name, Designation and Comment of Corporate Authorities Approached
Other Parties Involved in the Conflict:
Pakal-Bursar Dam Committee
Documented By
Mir FarhatReviewed By
Mir FarhatUpdated By
Mir FarhatEdited By
Mir FarhatLand Conflict Watch
