Gujarat's Tribal Lands: A Decades-Old Battle for Justice Reignites as Cancelled Irrigation Project Leaves Indigenous Communities in Limbo

Bharuch, July 3, 2024 — The long-standing struggle of tribal communities in Gujarat has taken a new turn as Dr. Bhavinkumar Shantilal Vasava, a doctor and activist for indigenous rights, has formally requested the re-transfer of land acquired for the Sankara Irrigation Project. This project, initially undertaken befor 1980s and subsequently cancelled in 1980s, has left the tribal landowners of village Bhimpor and Rajpardi, Ta. Jhaghadia, Dist. Bharuch in a state of uncertainty for over four decades.

The Historical Context

The land, originally acquired by the Gujarat Water Resources Development Corporation, was earmarked for the Sankara Irrigation Project. Covering significant areas in Bhimpor and Rajpadi, the project was intended to enhance local irrigation infrastructure. However, by 1980, the project was cancelled, leaving the land in administrative limbo and the original tribal landowners in distress.

Legal and Human Rights Concerns

Dr. Vasava's complaint underscores multiple legal breaches, including violations of the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The acquisition process allegedly disregarded fair compensation, rehabilitation, and resettlement protocols, disproportionately affecting the Adivasi community protected under the 73AA Code.

Adding to the complexity, the land in question overlaps with a longstanding agate mining lease. Originally granted in 1963, this lease has seen multiple transfers and expansions(Mineral Aded), often conflicting and encroaching on the land acquired for the irrigation project without the necessary environmental clearances, Gram Sabha approvals, or consent from the Kalpsar Department and MIP Department.

Environmental and Administrative Oversights

The leaseholder's activities have reportedly caused significant environmental degradation, further compounding the grievances of the local tribal population. Despite the land being officially under the purview of the Sankara Irrigation Project and managed by the Executive Engineer, M.I.P. Division, Ankleshwar, there has been a conspicuous lack of administrative action against unauthorized mining operations.

The Legal Mandate for Land Return

Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, any land remaining unutilized for five years must be returned to the original owners or their legal heirs. Dr. Bhavin Vasava's request is rooted in this legal provision, emphasizing the responsibility of the Bharuch District Collector to ensure compliance and rectify historical injustices.

Call to Action

In his comprehensive appeal, Dr. Bhavin Vasava has reached out to multiple high-ranking officials, including Shri Bhupendra Patel, Chief Minister Gujarat; Shri Tushar Sumera, District Collector of Bharuch. Copies of the complaint have also been forwarded to the Prime Minister's Office and other relevant authorities to galvanize a coordinated response.

Conclusion

This case highlights the enduring challenges faced by tribal communities in Gujarat and underscores the importance of upholding legal and human rights protections. As the tribal landowners of Bhimpor,Rajpardi and Avidha await justice, their struggle serves as a poignant reminder of the need for transparency, accountability, and respect for indigenous land rights.

For more updates on this developing story, stay tuned to our news portal.