Gujarat
,
Mahuva
,
Bhavnagar
Published :
Jan 2019
|
Updated :
Farmers Oppose Limestone Mining on Fertile Land in Gujarat's Bhavnagar District
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
70000
People affected
2018
Year started
1640
Land area affected
Households affected
70000
People Affected
2018
Year started
1640
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Limestone Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Limestone Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On January 2, 2019, a protest against limestone mining by 2,000 people in Mahuva tehsil in Bhavnagar district turned violent as the dissenting residents clashed with the police and pelted stones, injuring four policemen. Many farmers were also injured as the police lobbed teargas shells to control the crowd. This is the eighth protest in the past seven months. On December 26, 2018, around 1,000 farmers in 11 villages of Talaja and Mahuva tehsils protested to force UltraTech Cement Limited to suspend its limestone mining operations in their villages. They claim that limestone mining is a threat to their agriculture and livelihood. The 11 villages comprise 70,00080,000 people. In February 2019, residents of six villages in Bhavnagar observed a twoday shutdown to protest against limestone mining in their district. They claim that mining is causing the groundwater to turn saline, making their agricultural lands infertile. The Gujarat high court directed a magistrate's court in Bhavnagar to register an FIR against policemen who cracked down on peacefully protesting farmers. Ultratech received clearance for mining from the state government in January 2018, despite protests from several villagers. The company had acquired 1,714 hectares of land in the district between 1999 and 2001 for mining limestone and supplying it to its cement plant in Rajula tehsil in neighbouring Amreli district. Of this, around 1,640 hectares was private agricultural land, while the remaining was government wasteland. The company has also been trying to start mining from its 193hectare BambhorTalli lease area in Talaja tehsil but has faced resistance from farmers here as well as they claim the land is fertile agricultural land. During the grant of clearance, the company was ordered to rehabilitate 147 families and provide a house to each family, bearing a total expenditure of INR 12.25 crore or as per the norms of the LARR Act, 2013, whichever is higher. The affected people allege that Ultratech has so far not offered any rehabilitation or compensation to them. In April 2020, clashes again broke out between the farmers and the police, leaving both injured. The clash broke out when the villagers tried to disrupt mining activity and the police used teargas shells to prevent disruption. On September 24, 2020, the National Green Tribunal dismissed a plea filed against the grant of environmental clearance, stating that the project proponent had duly issued public notice and had received the consent of the panchayats. In February 2021, the Supreme Court sought a response from the Centre on this order.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand for promised compensation

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Opposition to agricultural lands being rendered infertile

Region Classification

Rural

Type of Land

Both

Non-Forest (Other than 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?

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 underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

60

Type of investment:

Investment Expected

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:

Gujarat government, Ministry of Environment, Forests and Climate Change

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:

UltraTech Cement, Aditya Birla Group

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 rehabilitation

Demand for promised compensation

Opposition against environmental degradation

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 underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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