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 along with multinational company Suzlon Energy Ltd has set up 31 windmills with after forging 374.48 acres of land. The project was approved by the Agency for Non-conventional Energy Research and Technology (ANERT) that has combined capacity of 20MW. Each turbine is commissioned in just 1 acre and 20 cents, summing to 37.20 acres for 31 turbines, but the Sarjan Realities bought 374.48 acres of land. Later, the wind turbines (37.20 acres) were sold to different investors approved by ANERT in 2009 but it retained ownership 337 acres of the land. This land in conflict is owned by the tribal community.
Kerala’s Tribal Land Act, 1975, mandates that tribal land can only be sold to other tribals, that too under unavoidable circumstances. 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. Tribal people, along with the concerned activists, have voiced concerns over the violation and land grabs to government departments.
In a 17 May 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.
Later on 2 August 2010, the Kerala government constituted a committee headed by Chief Secretary including District Collector, Principal Secretaries of Revenue, Law, Local Self Government, SC/ST Development and Forest Department to investigate the allegation of land alienation of tribals’ land in Sholaiyur, Kottathara and Agali villages of Attappady block. On 8 August 2010, the then district collector K V Mohan sought the details of all land deals in Attappady since January 2006.
While Sarjan Realities claimed that the 37.20 acres land was bought from non-tribals, the report claims 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 take over 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 that its implementation would amount to agreeing that the land was legally taken over. The council demanded the land to be returned where the windmills are installed. Sukumaran alleged each of these windmills stand on land taken over using fake documents.
In 2015, the windmills were sealed and the towers were ordered to be removed amid controversy over non-payment of taxes to the local body. However, the village panchayat had approached the Kerala High Court to demand a directive against the companies which refused to evacuate the land. The judgement in this case is still awaited.
The struggle to acquired back the land by tribals continues as outsiders allegedly encroached on 375 acres of traditionally held land for which pattayam has been given. While hearing a petition by a tribal group in June 2024, the Chief Justice directed the Kerala Legal Services Authority to receive their complaint and forward it to the Palakkad District Legal Services Authority to take further action. In September 2024, the Adivasi Bharat Mahasabha (ABM) also sought the intervention of Chief Minister Pinarayi Vijayan to restore the alienated land of the tribespeople of Attappady.
Meanwhile, the windmills remain operational. Speaking to LCW, Sholayur village panchayat head Ramamoorthy confirmed the functioning of all the windmills even after direction by the Kerala government and local body to decommission the project.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand for better access to common land/resources
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, Non-Forest (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?
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, Agricultural land, Grazing, Other environmental services
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
100
Type of investment:
Investment Made
Year of Estimation
2007
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.
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
Yes
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:
Lack of legal protection over land rights
Non-implementation of land reform laws
Scheduled Tribe status or lack of status
Land record discrepancies
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)
Kerala High Court
Case Number
W.P(C).No.34006 of 2010
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Kerala State Electricity Board, Kerala Forest Department
PSUs Involved in the Conflict:
Attappadi Hill Area Development Society (AHADS))
Did LCW Approach Government Authorities for Comments?
Yes
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
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?
