Gujarat
,
Dhari
,
Amreli
Published :
|
Updated :
December 20, 2024
In Gujarat's Dhari, authorities remove encroachment by solar power plant
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
Year started
ha.
Land area affected
Households affected
People Affected
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In a significant development near Monvel village of Dhari taluka in Gujarat, the local administration, under the guidance of Amreli Collector Ajay Dahiya, dismantled a solar plant that was found to be violating several regulations. 

The violations were brought to light after a petition was filed by local NGO, with the Gujarat State Human Rights Commission. The petition raised concerns about the proximity of the solar plant to forest areas and its impact on the environment. Following repeated submissions from the Gopalak Environment Trust and other local organizations, the District Revenue Department launched an investigation into the matter.

On the advice of District Collector Ajay Dahiya, a joint team comprising Dhari Mamlatdar Akshar Vyas and officials from the Forest Department conducted an inspection of the site. The investigation confirmed that several conditions related to land use and construction had been violated. Consequently, the Revenue and Forest Departments took joint action to remove the encroachments, employing JCB machines to demolish the unauthorized structures.

Dhari Mamlatdar Akshar Vyas confirmed that Solar Park Pvt Ltd had obtained permission for non-cultivation in 2022, with an NOC from the Principal Chief Conservator of Forests (PCCF) in Gandhinagar as reported by the Bhaskar. However, the company failed to adhere to the conditions set out in the NOC, prompting the authorities to take corrective action. A case of breach of conditions has been filed in the collector’s court, and interim orders have been issued to dismantle the excess construction.

The demolition work is ongoing, particularly in areas close to the forest, where the impact of the plant is deemed most severe. The removal of unauthorized construction within one kilometer of the forest area is expected to continue until all violations have been addressed.

The author filed an RTI request in July 2024, followed by a first appeal to the district administration, seeking detailed information about the case. However, both the Public Information Officer (PIO) and the First Appellate Authority denied the request, citing the reason that the information sought was too broad and extensive. The case is now pending a hearing before the Gujarat Information Commission.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

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?

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

Other environmental services

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?

4
Additional Information

Government Departments Involved in the Conflict:

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:

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
Suchak Patel
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

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

Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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