5th January 2016, Chhattisgarh : The distressed villagers and the members of the Mehnatkash Mazdoor
Unity Committee rallied in the Tamnar Block of the coal – rich Raigarh district (in Chhattisgarh). This
being a part of their Coal Satyagraha – a protest for community rights over their resources.
This day marks seven years of their protest on 05th January, 2008 when villagers from eighteen villages came to showcase their protest against the public hearing. However inspite of protests on a large scale the public hearing continued. And this resulted in angry protests by a large number of villagers present at the venue. However, the police taking due advantage of the situation lathi charged the protestors and also booked them with charges. The Jindals injured scores of people in this public hearing. Violence against the residents and activists opposing JSPL project dampened the morale of the people.
Ramesh Aggarwal, an activist, was shot.
On 2nd October, 2015, Mahatma Gandhi’s birth anniversary, over 5000 villagers of the coal mining affected communities in Raigarh district, shared their stories and walked from Gare to the banks of the Kelo River to claim their rights over the coal under their lands. For the last four years, people of Gare village have been organising the Koyla Satyagraha.
The controversial public hearing was held for a second time on September 25, 2013 after the National Green Tribunal rejected the first public hearing held on January 5, 2008. The tribunal rejcted the findings of the hearing on the grounds that the hearing should have been held at the project site itself or near it. However, in the second hearing the arguments and contentions of the people were no different from that at the first.
Notably, in a path breaking judgement, the supreme court has decleared that, “there is nothing in law which declares that all mineral wealth sub soil rights vest in the State, on the other hand, the ownership of sub-soil/mineral wealth should normally follow the ownership of land, unless the owner of the land is deprived of the same by some valid process” (para 57 of judgement). The court further says the Mines and Minerals (Development and Regulation) Act, 1957 only regulates mining activity and “not divesting any owner of a mine of his proprietary rights”. Referring to laws concerning mining of coal such as Coking Coal Mines (Nationalisation) Act, 1972 and Coal Bearing Areas (Acquisition and Development) Act, 1957 which are very much applicable to Jharkhand, the Supreme Court says they contain express provisions for “acquisition of mines or rights in or over the land from which coal is obtainable” (para 54).
The satyagraha is organised by ‘Mehnatkash Mazdoor Unity Committee’ (MMUC) and the ‘Jan Chetna
Manch’ (JCM). The Koyla Satyagraha in Gare is known as a model for all other states especially for the ones who are facing a similar problem of loosing their land and natural resources right. This movment is now spreading worldwide. It is a community based movement and was started by the people the of Gare
themselves. Although JCM has been a great support in terms of organising and sensitizing the people
about their rights over their land and the resources under their land and this has prepared them to be organised and voice their land rights.
In Sarasmal (Raigarh District) a victim of the Jindal open coal mining, almost every household had to
give their land for the same. Many have sold willingly but most of the land has been acquired forcefully.
The compensation given to them is very little and inadequate, hence leaving them now struggling for their livelihoods. The community leader, Mr. Kanhai Ram Patel says – “we are fighting for fair compensation but have failed measurably because company has power and money to fight back. The only power we have is the paper, the law which becomes the instrument to fight and we have started by filing case in the High Court against them.” this has resulted in getting fair compensations to some but many are still hopping and fighting for their rights.
The Mehnatkash Mazdoor Unity Committee have established their own company Gare Power Production
Company Limited (GTPC). The aim of these villagers is to protect their beautiful land that their ancestors
have preserved and protected with great difficulty. If they loose their land they will be heavily impacted
and will also become landless. And this is why they are asking that thir land remain the way it is and if the
government feels that coal is essential for the nation’s development, then the villagers should be giving mining rights. They propose that the villagers will extract coal, knowing best how to preserve their own lands. This will lead to development of their own villages, and the government will be paid royalities and so the nation will also benefit. The poor people in the village will also grow and move forward.
While the villagers are still consistently fighting for their land rights and fair compensation, on February
19, 2015 Naveen Jindal’s Jindal Power Ltd won the block – Gare Palma IV/ 2&3, beating Adani Power,
Anil Ambani Group’s Reliance Geothermal, GMR and others. And the State governments earned close to Rs.75,000 crore from the bids on the 15 blocks sold so far, along with around Rs.10,000 crore in royalty.
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