Gujarat
,
Jhalod
,
Panchmahal
Published :
Mar 2018
|
Updated :
Bhil Families Displaced by Machannala Dam in Gujarat Demand Promised Land
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
2880
People affected
1978
Year started
121
Land area affected
Households affected
2880
People Affected
1978
Year started
121
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 1978, the Gujarat government decided to construct a dam on the Machhan River in Nan Salai, and in 1982, close to 600 families were relocated two kilometers away. These families, mostly belonging to the Bhil tribe, opposed and resisted the project, but the government eventually succeeded in convincing them to move out. However, almost four decades later, many of these families are demanding land that was once promised to them. During the time of their relocation, the state government had promised these families some land in Kalitala, a forest area, but over the years, the forest department has refused to acknowledge their rights over the land. The small, earthen dam is built primarily for irrigation, and the water it relases reaches the homes of the people who were relocated near the dam, making the ground marshy. A local resident said, For at least three months of the year, we are surrounded by water from three fronts, which makes it impossible to grow any crop. Even if we plant some crop, the spillway from the dam ensures that the entire crop rots. Without their own land or the promised land, the farmers now struggle to cultivate crops around their new homes owing to a substantial increase in the submergence area. The primary purpose of the Machannala Dam has also n[ot been served](http://Although the Machannala Dam is categorised as an irrigation dam, the water for irrigation has also not reached the villages Sampoi, Raniar, Varod, Nan Salai, Chansar and Tandi, where the displaced people live.); the water for irrigation has, till date, not reached the villages Sampoi, Raniar, Varod, Nan Salai, Chansar and Tandi, where the displaced people live. This has left the displaced with neither land nor water. The residents claim that the flooding, instead, is causing severe infection among the children. Many of the displaced families have taken out multiple protest marches, but the government, which believes that the Bhils have been compensated adequately, has been unresponsive.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Government of Gujarat

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

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

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

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