Kerala
,
Attappady
,
Palakkad
Published :
Jan 2017
|
Updated :
Tribals protest against illegal windmill farms in Attappady
Reported by
Dr. K.H. Amitha Bachan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
36
Households affected
36
People affected
2005
Year started
97
Land area affected
36
Households affected
36
People Affected
2005
Year started
97
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Renewable Power
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

For the tribesmen of Attappady in Kerala’s Palakkad district, 31 wind turbines symbolise exploitation. Attappady is home to 6,000 tribal families in 180 hamlets scattered over 745 sq km in three panchayats. In 2007, Pune-based Sarjan Realities started taking on lease Adivasi land located in the Nilgiris Biosphere Reserve. The firm set up 31 windmills on 623 acres for the multinational company, Suzlon Energy Ltd. The turbines have a combined capacity of 20MW. The windmills were sanctioned by the Agency for Non-conventional Energy and Rural Technology (see image of report by Tehelka)
When inaugurated in 2007, Suzlon Energy announced that power generated would cater to Attappady’s requirement, and the rest would be transmitted to the other parts of Palakkad. Incidentally, Kerala’s Tribal Land Act, 1975, mandates that tribal land can only be sold to other tribals, that too under unavoidable circumstances (see the attached report by Tehelka). The Supreme Court had asked the government to cancel all transactions after 1986, but the order was circumvented by forcing tribal families to part with their land.
On August 8, 2010, the then district collector K. V. Mohan sought the details of all land deals in Attappady since January 2006. Earlier, the collector had recommended the government to conduct a detailed inquiry into the land deals by Sarjan Realities .In a May 17, 2010 report, Attappady's Integrated Tribal Development Project (ITDP) officer stated that Suzlon was buying and encroaching upon tribal land to lay roads. The officer also mentioned that more than 60 hectares, where the company has put up windmills, belonged to 36 tribals who were paying tax for the land. While Sarjan Realities claimed that the 261 ha land was bought from non-tribals, the report claim that it was tribal land. The tribals were misled into believing that they were giving their land on lease. Some of them got Rs 12,000 for land. They thought the land would be utilised for widening the panchayat roads, the report said.
In December 2011, the Kerala High Court ordered a status quo on the government decision to takeover about 85.21 acres of tribal land occupied by Suzlon. Earlier in 2011, the Oommen Chandy-led government had promised to give a portion of Suzlon’s profit to the tribal families on whose land it had set up windmills. But the plan was changed after criticism and the project was shelved. When asked about the decision, M. Sukumaran of Attappady Samrakshana Samithi (Attappady Protection Council) said if implemented, it would amount to agreeing that the land was legally taken over.
According to an agreement between the state government and National Hydro Power Corporation in 2014, it was proposed 82 MW of wind power would be generated in Attappady in various stages. The council demands the land to be returned where the windmills are installed. Sukumaran said each of these windmills stand on one acre and 20 cents of land, taken over using fake documents.
The farms have been sealed and the towers were ordered to be removed amid controversy in 2015. However, the village panchayat had approached the  Kerala High Court to demand directive against the companies which refuse to evacuate the land. The tribal families, meanwhile, are not sure if they would benefit from the project. The Adivasi protection council, too, is confused and has hit a dead-end. The members feel that they will not be provided with relief by the government.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Dispossession of land through fraud

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-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?

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

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

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?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Kerala State Electricity Board, Kerala Forest Department

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:

Suzlon Energy, Poppy Umbrella Mart, Anna Aluminium, Bhima Jewellery

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Adivasis

5
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?

Legal Supporting Documents

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Author
Reported by
Dr. K.H. Amitha Bachan
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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