Sitting in her one-room raw-brick home in Bodhare village, in Maharashtra’s Jalgaon district, Nimbabai Bima Savde, 55, was grieving her husband’s loss of life. “He died of stress,” she mentioned. “He was deceived into signing a land deal by a dealer who claimed it was for the division of our household land.” However in actuality, their farmland had been bought to a solar energy firm. “We relied on the land for survival; now we’re struggling,” mentioned Nimbabai, who belongs to a Scheduled Caste (SC) neighborhood.
Nimbabai’s household is amongst 130-odd farming households, unfold throughout 5 villages (Lonje, Bodhare, Shivapur, Pimparkhed, and Ranjangaon), who allege that solar energy firms deceived them into promoting their land. An evaluation of land information and satellite tv for pc imagery reveals that the photo voltaic vegetation in query—at present owned by the JBM Group and the Avaada Group—are in violation of a number of extant legal guidelines and rules. Spanning 1,100 acres (1 acre = 0.4 hectare), the vegetation cowl a stretch of round 3.6 kilometres, north of the hills of the Gautala Autramghat Wildlife Sanctuary.
All of the affected households belong to nomadic tribes, SCs, and minority communities and have been dwelling within the space for not less than seven a long time. Within the Seventies, they have been allotted land below Class II class of the Maharashtra Land Income Code of 1966. This class of land is designated for particular functions, reminiscent of agriculture, and any sale, switch, or conversion requires authorities approval.
In February 1986, the State authorities notified the Gautala Autramghat Wildlife Sanctuary, designating substantial parts of Shivapur and Bodhare villages as a protected space. Subsequently, in December 2016, the Union Ministry of Atmosphere, Forest and Local weather Change designated a 1 sq km space across the sanctuary as an eco-sensitive zone (ESZ), itemizing Shivapur and Bodhare among the many notified villages. (ESZs function as buffer or transition zones round protected areas reminiscent of wildlife sanctuaries and nationwide parks.)
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As soon as an ESZ is notified, sure actions, reminiscent of business ventures, agriculture, and infrastructure improvement, are regulated or managed on the idea of the necessities of the precise ESZ. For farming households who continued to lawfully domesticate the land, neither of those notifications had any authorized impression on the land’s use standing.
The affected farmers say they have been coerced into promoting their land below false pretences. The farmers allege that brokers and firm brokers exploited the land’s ambiguous authorized standing to stress and intimidate them, claiming it was government-owned and could be taken away regardless.
Nimbabai, 55, exterior her dwelling in Bodhare village. She is satisfied that her husband died of stress after realising how he had been duped into promoting his land.
| Photograph Credit score:
Mahmodul Hassan
The farmers have been talked into signing offers at costs beneath authorities valuation, with guarantees of jobs and honest compensation that weren’t saved. In not less than one case, land was fraudulently bought utilizing impersonators rather than deceased farmers.
Exploitation of susceptible communities
Amid the worldwide push for renewable power, the allegations made by these farmers in Jalgaon elevate important questions on land rights, highlighting the exploitation of susceptible communities and disrespect for environmental rules. In a November 2024 report titled “The Hidden Value of Inexperienced Progress”, the information analysis agency Land Battle Watch analysed the rising incidence of land-related conflicts triggered by the push for “inexperienced” power.
The report documented 31 renewable power undertaking–associated conflicts in India from 2005 to 2023 and located that every one of them occurred in rural areas and nearly 60 per cent of them concerned land used for agriculture. About 20 per cent of the conflicts additionally concerned violations of environmental legislation.
In Jalgaon, residents say that brokers and brokers representing the businesses started approaching them shortly earlier than the 2016 ESZ notification, urging them to promote their land. Interviews with dozens of farmers throughout the 5 villages threw up a sample of coercion: brokers claiming that the federal government owned the land and that it might be taken away at any time, and urging farmers to simply accept the worth supplied by the businesses moderately than threat authorized battles for compensation.
Farmers of Bodhare village who have been duped into underselling their land to solar energy firms.
| Photograph Credit score:
Mahmodul Hassan
The farmers, who depended solely on agriculture, have been reluctant to promote. Many additionally labored as seasonal farmhands exterior the district for six months within the yr and got here again to the village to work on their very own land for the remainder of the yr, incomes between Rs.3 lakh and Rs.5 lakh yearly. Firm representatives and brokers visited repeatedly, promising employment within the vegetation to each household. When the farmers demanded honest costs, the brokers apparently promised various quantities per acre.
The story of Harsingh Sakru Rathod
In 2016, Harsingh Sakru Rathod, 70, of Bodhare village was approached by an “agent”, recognized by Bhimrao, an affected farmer and activist, as Gulab Babu Rathod, a resident of the identical village. Harsingh requested for Rs.12 lakh an acre, however the dealer supplied Rs.10 lakh to Rs.11 lakh. Nevertheless, the sale deed confirmed that his 4.942 acres have been bought to Go Renewable on October 13, 2016, for simply Rs.4,25,000. (Go Renewable, a inexperienced power agency, merged with Fermi Photo voltaic, which is a unit of the Avaada Group, on September 28, 2017.)
Harsingh says he acquired solely Rs.3 lakh, of which Rs.25,000 was taken by Gulab Rathod. The deed states that Harsingh was additionally paid Rs.1,25,000 in money as “earnest cash” on April 22, 2016, via a person named Punjram Rama Dhumaal. (Earnest cash is fee made by patrons to sellers to exhibit intention to buy.) Harsingh denies receiving any earnest cash in money from Punjaram. Bhimrao alleged that a number of farmers have been equally deceived by native brokers.
Harsingh Sakru Rathod of Bodhare village undersold his land to Go Renewable Vitality Ltd.
| Photograph Credit score:
Mahmodul Hassan
The acquisition worth talked about in Harsingh’s sale deed is way beneath the federal government valuation of Rs.8,73,000. This disparity marks over 50 per cent of the offers, as a research of the sale deeds reveals. Harsingh mentioned he repeatedly requested Gulab Rathod for the promised worth and jobs, however to no avail.
The story of Parshuram Deva Chauhan
In 2017, Parshuram Deva Chauhan, 75, was approached by firm brokers who supplied Rs.12 lakh an acre for his land and likewise jobs for his relations. Parshuram hesitated as a result of he lived on the land and cared for a dargah there. The brokers promised he may preserve his home, so he agreed. Nevertheless, the sale deed confirmed that his 7.092 acres have been bought to Fermi Photo voltaic on December 19, 2017, for Rs 12.6 lakh in whole—85.2 per cent lower than the promised worth.
Parshuram mentioned he repeatedly requested for the promised cash, however firm representatives threatened to jail him and demolished his home with a JCB in February 2018, a month after the sale deed was executed. Bhimrao recognized the corporate consultant who threatened Parshuram as one Altaf Thamboli, who seems to be an Avaada Group worker as seen on LinkedIn. The others couldn’t be recognized.
Farmers reminiscent of Nandu Appa Jadhav from Bodhare additionally reported fixed stress from brokers. In 2017, Gulab Rathod visited Nandu repeatedly, even at evening, claiming the land was authorities property and could be taken again if he didn’t promote it for Rs.50,000 an acre. One other dealer, Dyandev Anantrao Thube, supplied Rs.1 lakh an acre. Nandu’s household finally bought their 17 acres for Rs.33 lakh, 13.3 per cent beneath the federal government valuation of Rs.38.06 lakh.
How farmers have been compelled to undersell
In line with paperwork accessed from the sub-registrar’s workplace within the income division, between 2016 and 2019, JBM Photo voltaic Energy Maharashtra Pvt. Ltd, Go Renewable Pvt. Ltd, and Fermi Solarfarms Pvt. Ltd (a unit of the Avaada Group) executed 73, 66, and 14 sale deeds, respectively. Of those 153 sale deeds, greater than half (83) have been executed at costs decrease than the federal government valuation.
A comparative evaluation of land information and satellite tv for pc visuals exhibits that a good portion of the undertaking space falls inside not less than 309 acres (125 hectares) of the Gautala Autramghat Wildlife Sanctuary.
| Photograph Credit score:
Picture created utilizing Google Earth Professional
Nimbabai’s husband, Bhimrao Sakaram Savde, signed papers that he believed pertained to the division of land amongst his brothers. Solely when Fermi Photo voltaic began occupying the land did the household realise that their land had been bought. In an much more egregious deception, Savde’s sale deed talked about two deceased aunts—Shenpadabai Raghu Savde and Shambai Namdev Jadhav—as sellers, together with different relations. Pretend thumbprints, voter IDs, and Aadhaar playing cards had been used for the sale deed. Shenpadabai died in 2012 and Shambai in 1985.
From a have a look at the land information and satellite tv for pc imagery, the photo voltaic vegetation seem to have violated a number of authorized provisions and appear to have been arrange with out crucial clearances. Parts of the vegetation have been constructed contained in the Gautala Autramghat Wildlife Sanctuary and its ESZ in Shivapur and Bodhare villages. That is in breach of the Wild Life (Safety) Act (WPA) of 1972, the Atmosphere (Safety) Act of 1986, and the Maharashtra Tenancy and Agricultural Lands Act of 1948.
Authorities officers later authorized these initiatives via questionable processes, bypassing authorized necessities and ignoring early complaints from affected farmers. As protests escalated, farmers approached the judiciary, resulting in a Bombay Excessive Courtroom commentary that confirmed regulatory failures. The case is in courtroom.
Highlights
- Farmers in 5 villages of Maharashtra’s Jalgaon district have been duped into promoting their agricultural land to solar energy firms that used brokers to coerce and cajole the farmers.
- The farmers have been paid lower than authorities valuation of their land. A number of legal guidelines have been violated, and the land in query was for agricultural use and couldn’t be bought exterior the households.
- The farmers are actually combating again, and the case in in courtroom. In the meantime, the affected farmers are struggling to feed their households and are distressed over the lack of land that they had cultivated for many years.
In line with Bhushan Mahajan, a lawyer representing a few of the farmers, the sale deeds violate Part 20 of the WPA, which states that after the problem of a notification for a wildlife sanctuary, “no proper shall be acquired in, on or over the land throughout the limits of the realm laid out in such notification, besides by succession, testamentary or intestate”. Mahajan defined what this implies: “As soon as the Wild Life (Safety) Act is in place, one can’t promote and buy the land, it could actually solely be transferred to the proprietor’s authorized inheritor. The deeds for switch of property can’t even be executed.”
Violations of legal guidelines to guard nature and wildlife
A comparability of satellite tv for pc visuals of the vegetation, land information, and the boundary of the wildlife sanctuary as outlined by the 2016 ESZ notification reveals that Fermi Photo voltaic and JBM Photo voltaic arrange initiatives on not less than 309 acres of the wildlife sanctuary in Shivapur and Bodhare.
The development additionally violates Part 29 of the WPA, which offers with destruction or injury of wildlife habitats and interference with water our bodies; and Part 35(6), which makes permission from the Nationwide Board for Wildlife (NBWL) necessary for any exercise which will intrude with wildlife habitats. Not one of the initiatives had sought approval from the NBWL or the State authorities.
Furthermore, the three initiatives additionally intrude into the ESZ in Shivapur and Bodhare. Bhushan Mahajan and Bharat Chauhan, a Chalisgaon-based advocate representing the affected farmers, identified that the Maharashtra Tenancy and Agricultural Lands Act stipulates that non-agriculturalists can’t purchase land in an ESZ below Part 63-1 A of the Act.
A have a look at the initiatives’ timeline exhibits that in 2017, the businesses started building on the bought land and saved shopping for extra. On January 23, 2018, the Workplace of the Deputy Conservator of Forests, Jalgaon Forest Division, wrote to the three firms to instantly halt work within the Shivapur and Bodhare ESZ, saying that they might not assemble something with out the permission of the ESZ monitoring committee. 13 days after the discover was issued, Fermi Photo voltaic utilized to the Divisional Forest Officer (Wildlife), Aurangabad, searching for permission for industrial use of land contained in the ESZ. JBM Photo voltaic didn’t even apply for permission.
In line with the committee’s minutes, the ESZ monitoring committee held a gathering on February 7, 2018, with solely 5 of its 13 members current and handed a decision to grant Fermi Photo voltaic permission with sure circumstances. On February 9, 2018, the Deputy Conservator of Forests, Aurangabad, granted the corporate permission to arrange a photo voltaic plant within the ESZ. The permission was granted with out prior approval of the State authorities, which is necessary below the ESZ notification.
Furthermore, this choice was primarily based on the commentary of the ESZ monitoring committee that “the exercise of photo voltaic undertaking has been listed at Sr No. 37 below promoted actions” (in keeping with the minutes). “Sr No. 37” is a piece within the ESZ notification, and a have a look at the listing of promoted actions below it exhibits that it solely mentions “Use of Renewable Vitality”.
Chauhan mentioned that the committee took liberties with the interpretation of the phrase “Use of Renewable Vitality”: “The phrases discuss with utilizing renewable power—like solar-powered lights within the space—not its commercialisation or industrialisation,” he mentioned.
Satellite tv for pc photographs from the realm captured in January 2018 clearly confirmed that one month earlier than taking any formal permission, the businesses had begun building within the ESZ.
Farmers’ pushback
One of many first complaints towards the initiatives was filed on September 26, 2017, by Kushal Chhagan Rathod from Lonje, towards Go Renewable’s representatives Sanjay Rahate and Punjaram Dhumal, and Gulab Rathod. Kushal alleged that his mom was misled into promoting land and had been promised Rs.8 lakh an acre and employment on the plant. The household finally concluded the deal for a mere Rs.1.75 lakh for the land that was little below an acre. Kushal says they really obtained solely Rs.1.2 lakh, out of which they paid Rs.25,000 to Gulab Rathod.
The affected farmers, together with Bhimrao, shaped the Shetkari Bachav Kruti Samiti in 2018 as soon as they realised that they had been deceived. Between 2019 and 2022, the samiti or ganised a number of protests and approached a number of administrative workplaces, together with the Chalisgaon tehsildar, the Justice of the Peace’s workplace, the Collector of Jalgaon, and a State authorities Minister, requesting motion towards the businesses. In September 2021, the farmers staged indefinite protests at Mumbai’s Azad Maidan. The protest was referred to as off after assurances of an inquiry from the administration.
A view of the websites of the photo voltaic vegetation from the hills on the Autramghat Wildlife Sanctuary.
| Photograph Credit score:
Mahmodul Hassan
On July 7, 2022, following a authorities order, the Collector of Jalgaon ready an inquiry report. Nevertheless, whereas the report included claims of the Shetkari Bachav Kruti Samiti and that of authorities on the initiatives being arrange in an eco-sensitive zone and on “unlawful” land purchases, it lacked readability on who was answerable for the state of affairs.
Bhimrao mentioned that no motion was taken by the authorities though the farmers saved following up on the case after the Collector’s report was launched. On October 7, 2022, the farmers started protesting on the undertaking website. On October 11, the protest turned violent, resulting in the arrest of not less than 40 farmers who have been granted bail after a month.
In February 2023, the farmers determined to strategy the Bombay Excessive Courtroom.
On March 6, 2023, the Aurangabad Bench of the Bombay Excessive Courtroom noticed that the ESZ monitoring committee’s permission to Fermi Photo voltaic was unlawful. The courtroom additionally famous that Fermi Photo voltaic ought to have restricted its exercise to 300 acres however had unfold its constructions over roughly 1,070 acres. This space was occupied by each Fermi Photo voltaic and JBM Photo voltaic. The courtroom discovered that neither entity had obtained the required wildlife clearance, environmental clearance, or forest clearance.
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An affidavit filed by Purushottam R. Sakhare, a scientist on the regional workplace of the Ministry of Atmosphere, Forest and Local weather Change, Nagpur, confirmed that the NBWL didn’t obtain any software searching for approval. On July 18, 2024, the Aurangabad Bench of the Bombay Excessive Courtroom sought clarification on the steps taken by the Central authorities to handle the businesses’ alleged failure to hunt the required environmental clearances. The Centre has claimed that such approvals are the duty of State governments.
Queries have been despatched to the Collector of Jalgaon district and to JBM and Avaada, searching for their response to a few of the points raised by the farmers. They’d not responded as of going to press.
In the meantime, the affected farmers are struggling to feed their households and are deeply distressed over the lack of the land they cultivated for many years. “Now we’re outdated. We now have been demanding justice over the previous seven years however usually are not getting it. How will we survive? As an alternative of getting justice, we have been jailed,” mentioned Shantibai, 75, a farmer who was jailed for 30 days following the October 2022 protests.
The query is, the wheels of justice could transfer slowly, however should additionally they crush the hapless?
Mahmodul Hassan is a Writing Fellow with Land Battle Watch, an impartial community of researchers conducting research on pure sources.
