In 2008, the Gujarat government sanctioned 268 hectares of land to Nirma Limited to construct a cement factory and 3,460 hectares for limestone mining. The grant was given after the environment minister granted environmental clearance to Nirma on the basis of rapid environmental impact assessment (EIA), which described the project site as a wasteland.
Nirma then obtained in-principle approval from the state to mine limestone from 3,460 hectares in Mahuva's Padhiarka village to feed the cement plant. Part of the project site was the Samadhiyala Bandhara reservoir and its catchment, spread over 100 hectares. Farmers used the reservoir water to irrigate their fields and, therefore, the allotment triggered widespread protests.
In 2011, a 330-kilometre-long farmers' march was held from Dholiya village in Mahuva to Gandhinagar. Around 5,000 people protested against the loss of agricultural land, which farmers used for onion and cotton cultivation. On 11 March 2011, the environment ministry issued a show-cause notice to Nirma under Section 5 of the Environment (Protection) Act, 1986, for permanent suspension of work and revocation of the environmental clearance granted to the cement plant, captive power plant and coke oven plant.
The Supreme Court directed the ministry to call for the report of an expert body consisting of five independent reputed scientists on 18 March 2011. This body unanimously concluded that the site of Nirma's industrial complex must be relocated to outside the reservoir and its periphery. Based on this report, the ministry cancelled the environmental clearance for the cement plant at Mahuva on 1 December 2011, and filed an affidavit in the Supreme Court stating the same on 8 December 2011.
In February 2012, Nirma moved the National Green Tribunal (NGT). In January 2015, the NGT delivered the final judgment in the case and set aside the revocation order of the environment ministry, acquitting Nirma of any wrongdoing. The NGT asked the Gujarat State Pollution Control Board to monitor the project for two years to see the effects of of the factory on the water body. Such a study is practically meaningless once the project is allowed, said lawyer Abhimanyu Shrestha, who was arguing at the NGT on behalf of Mahuva Bandhara Khetiwadi Paryavaran Bachav Samiti.
In 2023, the Nirma Limited proposed three new limestone mining project in Mahuva district. Residents protested against the project in the public hearing organised by the Gujarat Pollution Control Board. They questioned the claims of Nirma, saying, "Why is the company lying that nothing grows in the soil here? Please come to my farm and see the standing bajra crop. Nirma will finally end up producing cement. But can we all eat cement?" The project is expected affect 1,16,055 people who claim that the government's wasteland should be given to "gauchars" rather than developers.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
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?
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
Water bodies, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
900
Type of investment:
Cost of Project
Year of Estimation
2008
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws
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.
Whether claims/objections were made as per procedure in the relevant statute
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:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal Principal Bench - New Delhi
Name(s) of the Court(s)
High Court of Gujarat
Case Number
Appeal No. 04 of 2012
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:
Government of Gujarat, Union 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:
Nirma Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Local community
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?
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.
