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The Anatomy of a Solar Land Grab

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The Anatomy of a Solar Land Grab facts from the ground The Anatomy of A Solar Land Grab Report of a Fact-Finding Committee relating to Human Rights Violations, and Environmental & Social Impacts of 15 MW Solar Power Plant being established by Azure Power at Mikir Bamuni Grant Village, Nagaon, Assam Delhi Solidarity Group April 2021 facts from the ground THE ANATOMY OF A SOLAR LAND GRAB Report of a Fact-Finding Committee relating to Human Rights Violations, and Environmental and Social Impacts of 15 MW Solar Power Plant being established by Azure Power at Mikir Bamuni Grant Village, Nagaon, Assam April 2021 Delhi Solidarity Group This work is made available under the Creative Commons Attribution 4.0 International License: http:// creativecommons.org/licenses/by/4.0. Any part of this work can be translated or republished for non-commercial purposes without the prior permission of the authors or Delhi Solidarity Group as long as Delhi Solidarity Group is referenced and a link to the original source is provided. April, 2021. Cover Design: Ubitha Leela Unni Layout: Amit Kumar Photo Credits: Amit Kumar, Leo F. Saldanha, Vasundhara Jairath Published by: Delhi Solidarity Group for further information and to request print copies of this report, write an email to [email protected] Disclaimer: The views expressed in this report are those of the members of the Fact-Finding Committee and do not necessarily represent the views of their respective institutions. Table of Contents Acknowledgements Executive Summary I. Introduction 09 i. Why this Fact-Finding Committee? ii. Key Concerns iii. Land Grab? iv. Protests for Land Rights v. Why Villagers are Angry with Azure Power? II. Legal Violations in Azure Power Project at Mikir Bamuni Grant 19 i. Assam Fixation of Ceiling on Land Holdings Act, 1956 ii. Assam (Temporarily Settled Areas) Tenancy Act, 1971 iii. Assam Land Revenue Re-Assessment Act, 1936 iv. Assam Land Policy, 2019 v. Assam Solar Energy Policy, 2017 vi. National Green Tribunal on Solar Park Development III. Mikir Bamuni Grant Village: An Overview 27 i. Geography ii. Climate iii. Demography a. Population b. Literacy c. Working Population iv. Agriculture a. Farming in the Village b. Soil c. Flooding v. Ecology a. Forests of Nagaon District b. Floristic Diversity of Nagaon c. Bird Life in Nagaon d. Wetlands of Nagaon e. Mikir Bamuni - Part of a Critical Elephant Corridor vi. Would Solar Power Projects Accentuate Conflicts with Elephants? IV. Background of Azure Power 41 i. About Azure Power Global Limited ii. Foreign Investors of Azure Power a. CDPQ (Caisse de dépôt et placement du Québec) FFC Report - Azure Power in Mikir Bamuni, April 2021 b. IFC (International Finance Corporation) c. Helion Venture Partners d. Société de Promotion et de Participation pour la Coopération Économique (PROPARCO) e. Netherlands Development Finance Company (FMO) iii. Indian Investors in Azure Power iv. Azure Power Reports V. Findings of the Committee 49 VI. Recommendations 51 Annexures 53 Annexure A: Chronology of events relating to the Mikir Bamuni Grant land conflict Annexure B: The timeline of the FFC’s work, who they met with and communicated with, during the visit and also later Annexure C: Summary of key conversations with State officials and local community members Annexure D: Compilation of statutes, policies, notifications, orders etc. that have implications to the issue Annexure E: A press release made by the FFC on the basis of prima facie findings in a press conference held on 28 January 2021 at Nagaon Annexure F: Collation of key media reports relating to conflicts resulting from the transfer of Mikir Bamuni Grant land to Azure Power’s proposed Solar Power Project FFC Report - Azure Power in Mikir Bamuni, April 2021 Acknowledgements This Fact-Finding Report has come to fruition thanks to the energy, effort and time invested by a large number of people without whom the Committee’s visit would not have been possible. This collective and collaborative effort was critical in enabling the Fact-Finding Committee to understand the conflict over land that ensued in Mikir Bamuni over the construction of the solar power plant by Azure Power Forty Pvt. Ltd. Residents of Mikir Bamuni Grant who shared their testimonies of loss, deceit and struggle with members of the Committee were an integral voice in the conflict. We are deeply grateful to Kawe Ingtipi, Makhuni Mardi, Bor Sing Kro, Rajan Hansda, Karan Timung, Sing Teron and several others who shared their stories with us, and recounted harrowing testimonies of harassment at the hands of police and state authorities during the course of past two years. Members of civil society and concerned citizens of Assam and Nagaon helped in facilitating the visit of the Committee. Senior leader of All India Kisan Sabha, Ratul Bora’s hospitality and logistical support was extremely helpful in ensuring that we were able to meet with a wide cross-section of people, from community members to state officials. Our meeting with academic and researcher, Dr. Vasundhara Jairath, who has been studying these issues in Assam was particularly useful in understanding the conflict in Mikir Bamuni in its broader context. We are grateful to members of Assam Jatiya Yuva Chhatra Parishad who lent us their space and shared their views with us. Inputs by lawyers, Santanu Borthakur, Krishna Gogoi and Rahul Sensua, were critical in assisting us in understanding the legal entanglements that the conflict is enmeshed in, as well as laying out the nature of legal provisions enshrined in state law. A special thanks to Priyam Bora and Bidisha Barman for translating testimonies and documents from Assamese to Hindi/English. Research assistance extended by Ayush Joshi, Ashwin Lobo and Karthik Anjanappa of Environment Support Group (ESG), and Chetana V M, student of University of Hyderabad while interning with ESG, is gratefully acknowledged. Our meetings with state officials Kavitha Padmanabhan, Deputy Commissioner, Nagaon district, Gurav Abhijit Dilip, Superintendent of Police, Nagaon district, Hemanta Bhuyan, District Development Commissioner, Nagaon district, Rajen Choudhury, Divisional Forest Officer, Nagaon Division, Pranjal Baruah, Circle Officer, Samaguri Revenue Circle, and Joy Gopal Goswami, Subdivisional Engineer, Samaguri Electrical Subdivision, Assam Power Distribution Company Ltd., were crucial in understanding the official position as well as the role and actions of state officials in the ongoing conflict around land in Mikir Bamuni. Finally, we thank Anil Tharayath Varghese of Delhi Solidarity Group for facilitating the entire process of the Fact-Finding Committee and ensuring that this important intervention into understanding the sequence of events and nature of conflict around land in Mikir Bamuni Grant village was undertaken, so that, based on a close understanding of the facts on the ground, this report may be presented to the public. FFC Report - Azure Power in Mikir Bamuni, April 2021 Executive Summary Karbi and Adivasi farmers belonging to Mikir Bamuni d) That the transfer of the land was in gross violation of Grant village in Nagaon district of Assam reported that the Principle of Free, Prior and Informed Consent, and about 93 acres of the land they were cultivating was various national and regional laws, as also international taken over forcibly during 2020 by Azure Power Forty norms; Private Limited, a subsidiary of international power e) That the police and district authorities participated corporation Azure Power Global Ltd. The farmers in forcibly snatching lands cultivated by the villagers, reported that their land was taken for establishing and illegally vesting them with the company; a 15 MW solar power plant by the company. In the f) That the entire campaign of land grab was marked process, ripened paddy crop raised on over 200 bighas with police excesses; of land was razed to the ground on 8th October, 2020 g) That the land where the company is setting up by the company. Villagers report that the local police the solar power project is part of an active elephant and district authorities backed this forced dislocation corridor, hence ecologically sensitive; of the farmers and forcible takeover of their lands. h) That environmental and social impacts of the project When villagers resisted this land grab, as they put it, were never undertaken prior to siting the project in this 14 of them were taken into custody and jailed for over village: 10 days. Such acts of violence against the villagers i) That all of this does not constitute sustainable repeated subsequently as well with increased police development of energy as envisaged in Indian and brutalities, attacking villagers due right to the lands they International law. were cultivating and their human rights, and favouring the company’s objectives. To establish facts relating to these questions, and also other concerns that would arise in the process This conflict about land in Mikir Bamuni Grant village of enquiring into the issues involved, a Fact-Finding has drawn attention to the following allegations made Committee (FFC) was constituted by Delhi Solidarity by the villagers: Group on the request of the project impacted villagers. a) The manner in which the company has taken over The FFC visited Mikir Bamuni village to meet with the the land; villagers and also with various officials of district and b) That the company’s takeover of the land is illegal; state government agencies in Nagaon district during 27 c) That villagers’ right to the land was never settled to 29 January 2021. Efforts were also made to meet with before this takeover; company officials and anyone else who were willing to 1 FFC Report - Azure Power in Mikir Bamuni, April 2021 meet with the FFC. On the basis of such evidence and cultivating these lands for generations. They claim their narratives, the FFC has produced this report. ancestors cleared these lands in the first place to make them cultivable.
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