Uttarakhand
,
Copa
,
Udham Singh Nagar
Published :
Sep 2016
|
Updated :
February 21, 2024
Boxa Tribe Displaced by Haripura Dam in Uttarakhand Fears Eviction, Demands Rights
Reported by
Tarun Joshi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
249
Households affected
1195
People affected
1962
Year started
487
Land area affected
249
Households affected
1195
People Affected
1962
Year started
487
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Irrigation Dam
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Haripura dam was built in 1962 in the villages of Copa and Mohali forest in Udham Singh Nagar district. A total of 1203.98 acres of land was acquired by the government for its construction. All the farmers belonging to the Boxa tribe (who had land titles) were offered compensation but they refused and demanded land in return in a different place. Those who did not have land titles were displaced without compensation.

After a long struggle, in 1971, 685 acres of Gularbhoj forest area was marked for these farmers and land was distributed to some of the affected families. About 36 farmers did not find their name in the list prepared by the government officials and were unable to get any land.

In 2017, some of the displaced families were rehabilitated on 495.76 hectares of forest land, which was then transferred to the Revenue Department.

Meanwhile, the land that was distributed is still considered forestland as the procedure to de-notify it and convert it into revenue land has not yet taken place. Thus, the villagers live in constant fear of eviction. They are demanding that they should be given revenue land with formal titles. Those who were not given any land are also demanding land for themselves.

A writ petition was filed in the High Court of Uttarakhand in 2018 seeking to quash an order of the principal secretary, irrigation, Government of Uttarakhand, which stated that the plea of transferring 685 acres of forestland to the revenue department was under consideration and that orders would be passed according to the law. The petitioners filed another writ petition before the same court challenging this decision, which the high court dismissed in January 2019 claiming that compensation was already offered to the entitled.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Demand for promised land

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

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?

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 completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

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:

Irrigation Department

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?

No

Communities/Local Organisations in the Conflict:

Boxa tribe

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
Tarun Joshi
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Fact sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Demand for promised land

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 completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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