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Published on
July 21, 2022
July 13, 2023
Edited on
July 21, 2022
Bailadila range of Dantewada district in Chhattisgarh is a hub of iron ore mining comprising 14 identified deposits primarily operated by centrally run National Mineral Development Corporation (NMDC). In June 2019, protesters from different districts of the region collected in Kirandul town to protest felling of trees and pre mining operations for the Deposit 13 mine. The 10 million tonnes per annum (mtpa) capacity iron ore Deposit-13 was being developed under the joint venture (JV) between centrally run National Mineral Development Corporation (NMDC) and state run Chhattisgarh Mineral Development Corporation (CMDC). NMDC has 51 % stake while CMDC has 49 % stake in this JV called NCL. Following a bidding process, Adani Enterprises was awarded the contract for developing the mine under the Union government's mine developer and operator scheme (MDO) that allows a public sector enterprise to hand over a mine to a third party for developing and operating it through a bidding process.
The villagers were protesting the mine for multiple reasons - one of the hills identified for Deposit 13 was located at their sacred site (Nandraj Parbat) and abode of their goddess Pittor Meta Devi. They also alleged that their consent was not taken for this process as mandated under the provisions of Panchayats (Extension to Scheduled Areas) Act 1996. According to a 2019 media report, NMDC conducted gram sabhas between 2010 and 2014 on paper only, following which it received environmental clearance in 2015, and forest clearance in 2017. But protestors alleged that the no objection certificate granted by the gram sabha of Hiroli village was fake. An investigation led by the Chhattisgarh Government also found in 2020 that gram sabhas' consent had not been taken for the project at Bailadila by NMDC.
Rumors that the contract would be eventually handed out to the MDO, Adani Enterprises by the government owned PSU further increased their apprehensions. The protestors blocked a check-post of the company and prevented entry of labourers. This disrupted production of iron ore in three other NMDC mines in Kirandul, 450 kms from state capital Raipur. NMDC suffered a loss of Rs 12 crore per day as a result of the protests.
Soon after Chhattisgarh government ordered a halt to all operations including "illegal" cutting of trees in Deposit 13 area and ordered a probe on the alleged “fake” Gram Sabha held in 2014 at Hiroli village which gave clearance to this project. The protesters agreed to halt their protests with this assurance. In March 2020, the probe by the Dantewada District Collector concluded that no Gram Sabha agreement had happened in Hiroli village on July 4, 2014, as had been stated in the approval letter for the mining.
In March 2020, the Chhattisgarh Forest Department issued a show-cause notice to NMDC Ltd asking why the mining activity in Deposit 13 should not be cancelled. The NCL CEO was also booked under Wildlife Act by the Forest Department of Chhattisgarh after granting approval to fell trees in forest area with due process and permission. In January 2021, Chhattisgarh's Mineral Resources department issued a letter to the NCL Chief Executive Officer to decide the future course of action related to the Bailadila iron ore deposit 13.
However despite this, the mining has been not been officially closed. Many consider the fight to be not over.**"**Even though the mining operations have been halted, technically the issue is not closed at the government level. Despite the government's own probe finding irregularities in the process of granting approvals (such as not holding gram sabhas) the state has not yet cancelled the environmental clearance. We hope and demand that the government will soon give final order to close the deposit 13 itself and put a lid on this matter," said Mangal Kunjam, a resident of the area and a journalist who has been reporting on this issue.
Complaint against procedural violations
Demand to cancel the project
Refusal to give up land for the project
Demand to retain/protect access to common land/resources
Demand for cancellation of environmental clearance
Urban and Rural
Common
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?
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?
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
No
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:
Violation of free prior informed consent
Non-consultation with stakeholders
Lack of legal protection over land rights
Non-implementation/violation of FRA
Non-implmentation/violation of PESA
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:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Blockades
Protests/marches
Artistic and creative actions (theatre, murals, art, music etc)
Government Departments Involved in the Conflict:
Chhattisgarh State Forest Department, Chhattisgarh Government (which undertakes Chhattisgarh Mineral Development Corporation), Central Government (which owns NMDC)
PSUs Involved in the Conflict:
Chhattisgarh Mineral Development Corporation (CMDC), National Mineral Development Corporation (NMDC)
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Adani Enterprises Ltd (Mine Developer and Operator (MDO) in the project)
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Sanyukt Panchayat Samiti
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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