The state government (of Chhattisgarh) last year approved the proposal of the National Mineral Development Corporation (NMDC) for establishing a steel plant in Bastar. The NMDC is a public sector enterprise. It had started mining of iron ore deposits in Bailadila, the richest in the world, some four decades back, initially for export to Japan. It has by now collected huge stock of ore slack. This slack will be used in the proposed Plant taking advantage of the new technology that is available now. In fact, there is a strong case even otherwise for establishment of steel industry within Bastar region rather than exporting the ore. Two proposals of steel plants in private sector were seriously pursued in early 90s,one at Mavalibhata and another at Nagarnaar. The proposed ventures, however, had to be abandoned in the face of strong opposition from the likely affected people. The reason was simple. The administration had failed even to present a reasonable alternative for their livelihood to the affected people.

Nevertheless no lesson appears to have been learnt even now by the government from the earlier experience. The new NMDC proposal has been pursued unilaterally in the same way as earlier without any serious deliberations on basic issues at any level. In fact, even some of the basic changes in the Constitutional frame with regard to management of natural resources, acquisition of land, rehabilitation of people and the structure of industrial enterprises in the Scheduled Areas, which have been effected in the intervening period, have been totally ignored.

The GOC appears to have been totally oblivious of the statutory provisions as also the guidelines (see PESA ). Moreover, when the people they were not taken seriously brought these provisions to the notice of the local administration. They were dubbed as mere paper exercises or at best deemed to be mere formalities.

Accordingly, the Government of Chhattisgarh (GOC) and NMDC after the decision to establish a steel plant in Bastar, first selected a site near Geedam in Dantewara.It involved lands in the neighboring villages of Hiranaar and Ghotpal.The GOC and NMDC did not take any action in respect of item (i) above, that is, identification of zone of influence and preparation of a comprehensive rehabilitation plan. Moreover, the GOC straightaway allotted the so-called government land located in these villages ignoring the Constitutional provision about Gram Sabhas competence to manage all resources mentioned in (ii) above. Even the process of land acquisition was started without mandatory prior consultation with the concerned Gram Sabhas.

The Collector Dentewara in his submission to the National Commission for Scheduled Castes and Scheduled Tribes (in brief the National Commission), with whom the people had lodged a complaint, admitted his ignorance about the Constitutional provision about consultation with Gram Sabhas. He added that the he had started consultation with the concerned Gram Sabha after a circular to that effect was received from the State Government. Nevertheless the process of consultation was obnoxious. It was done under show of force and without any information about basics like rehabilitation plan.

The concerned Gram Sabhas obviously did not agree with the proposal. There was some police action as well in the face of tremendous resistance from peoples side. Nevertheless all efforts to persuade the people to part with their lands even at ministerial level failed. The GOC decided to abandon the proposal sometime in April-May this year.

After retreat at Hiranar, the local administration, perhaps, decided to take advantage of the earlier groundwork at Nagarnaar. Accordingly, instant decision was taken for the alternative site there. As in the case of Hiranar, the preliminaries as envisaged in 1974 guidelines ware totally ignored. In fact, the local administration also ignored the strong case made out by the people of Nagarnaar on the earlier occasion in 1992 against location of any large industry specifically at Nagarnaar. The salient features of the peoples side were: -

1. Nagarnaar is one of the best agricultural tracts in Bastar.

2. Nagarnaar is one of the most densely populated areas in Bastar.

3. The overall agricultural area in Bastar region is limited, that is, about 30% of the total geographical area. The bulk of the remaining area in Bastar comprises forest. The forest area is no longer available to the tribal people for agriculture, which continues to be their mainstay. Therefore, keeping in view the fact of limited agricultural area and growing pressure of population, suitable location for heavy industry should be found in other areas, including the so-called forest area in Bastar, if necessary with prior the approval of the GOI. A substantial part of the forest even in Bastar is degraded which can be put to alternative industrial use.

4. The location of heavy industry in a vast backward tract like Bastar need not be near the existing highways or railway lines. The primary consideration in all the three steel plant sites so far, that is, Mavalibhata, Nagarnaar and Hiranar has been the railroad facility. The establishment of a new large industry with investment of tens of thousands of crores should also aim at opening up of the region and balanced regional development within Bastar.

No systematic exercise for establishing industry in Bastar has even been taken up so far. In fact, the considerations stated above would have naturally come up if the GOC had proceeded along with the provisions of its own law, that is, the M.P. Town and Country Planning Act. Its provisions envisage declaration of industrial regions after careful planning and informed public hearings.

The valuable time of about a decade after the last retreat by the State in the face of peoples opposition in Mavalibhata and Nagarnaar and the new proposals for location of plant at Hiranar and Nagarnaar, which are facing the same opposition on the same grounds, was lost in simple non-action.

The State prefers to use its authority against the people rather than going about in a rational way with informed consultation in a climatic of mutual trust as envisaged in the law of the land and declared policies of the State.

The local administration started the innings in Nagarnaar area as well with the assignment of the so-called government land unilaterally to N.M.D.C. as in Hiranar. Thus, it has blatantly ignored constitutional jurisdiction of the Gram Sabhas. This action itself is open violation of provisions in Section 4(d) of the Extension Act and Section 129C(three) of M.P. Panchayat Raj Act.

So far as land acquisition is concerned the Collector Bastar, however, took cue from Dantewara experience and decided to consult the concerned Gram Sabhas of Nagarnaar, Amaguda, Kasturi and Maganpur before starting the acquisition proceedings. There was stiff resistance to the proposal in all the four Gram Sabhas even though the Collector personally addressed two of them and other senior officials as well as officials of N.M.D.C. were present in all the four Gram Sabhas. They had all sort of promises to make but no firm plans to place before the people. The Collector even ignored a very reasonable demand of the Gram Sabhas that they may be given some time, say, a fortnight or so to consider the proposal. How could a responsible body like Gram Sabha take a decision in a hurry ? The women in particular walked out of the meeting. Even this has no effect on officials notwithstanding the fact that no quorum in a Gram Sabha in complete until a proportion of those present are women. The proceeding of Dasturi Gram Sabha, whose photocopy is available, shows that the Gram Sabha unanimously rejected the proposal of administration for land acquisition.

The local administration at this stage took an unusual step to complete the formality of consultation with the Gram Sabhas. The proceeding books of all the four Gram Sabhas were summoned by higher authourities. The officials took them away to Jagdalpur, the District Head Quarter. On being asked to return the same, a set of new proceeding-book were sent to the concerned Gram Sabhas with a record of the proceedings for the day on which so-called consultation was. Substantial parts of the record proceeding in all four cases were just the same verbatim. The final conclusion in all of them was stated to be `agreement by majority'. There was no mention even of the fact whether quorum was complete and the number of persons favoring a nod opposing the proposal. The proceedings were signed by the concerned O.S.Ds. who were formally deputed to hold the special Gram Sabhas meetings.

When the Gram Sabhas asked for the old registers, they were sent back after considerable reluctance. But the pages supposed to have the original proceeding had been removed in all cases except Kasturi. Two pages in this case could not be removed because the proceeding of the previous meeting had been recorded on the earlier page. It may be mentioned that according to the rules, the proceeding of Gram Sabha are to be recorded by the Secretary of Panchayat and authenticated by the Chairperson of the day. Any other of whatsoever rank has no local standing. The proceeding in the registers therefore, cannot be deemed to be proceedings of the Gram Sabhas.

Armed with the contrived majority verdict of the four Grams Sabhas, the local administration claimed that the consent for land acquisition of the concerned Gram Sabha had been obtained. Accordingly, the proceeding of land acquisition was started. Even in this case there were serious irregularities. No Section 4 notice was served personally or even got displayed in the concerned villages at prominent places as required under the law because of the possible reaction from the peoples side. The people came to know about the acquisition from a news item in a local paper. The people pleaded with the administration about the legal infirmities of their action, but to no avail. The acquisition proceedings were completed in a record time, notwithstanding the persistent objections by the people in all forms. The final award has been given in October under Section 9.

The N.M.D.C. has handed over cheques of relevant amount to the S.D.O. who is the land acquisition officer. Some seventy persons are reported to have taken the cheques. Most of them are non-resident owner of land; some of them have questionable titles. The people in the village particularly the tribal people have not accepted the award, nor are they accepting the cheques.

The local administration and the representatives of N.M.D.C. are giving an impression that all the formalities of acquisition have been completed and the people in general are accepting the payment, it is only a matter of time that the N.M.D.C. will move in after standing the crops have been harvested, take over the land and start work. The N.M.D.C. is reported to be giving some money to dalals for bringing persons to accept compensation-cheques. Moreover, the people are informally told that they will be doubly benefited if the plant is not established because of resistance. No one can force them to return the money.

The game plan is clear. All concerned on the other side are working for contrived consent to knock out the basis of resistance. There is an all round collusion and coercion to smash the resistance of the people.

As the local administration refused to relent and see reason on any point whatsoever, the people moved the National Commission for Scheduled Castes and Scheduled Tribes (NCSCST) in this matter giving full details of the events briefly narrated above. It has been submitted that the concerned officers have conspired to defraud the people mostly tribal, and deprive them of their land illegally. It is an offence under the atrocities acts. Moreover, the records of Gram Sabhas, which are Constitutional entities, have been fabricated by the conspirators, which is a penal offence.

Since the fraudulent action of the officials cannot be deemed to be consultation with Gram Sabha the entire proceedings of land acquisition are ab initio void. All the activities of the N.M.D.C. and the local officers, including those concerning acquisition, payment of cheques and taking possession of land on the strength to the fraudulent and void proceedings are illegal. Moreover, since all the officers were present in the meetings of Gram Sabhas, it would be reasonable to presume that they are aware about the fact of fabrication and tempering of records. Therefore, the concerned officers are personally responsible for the wrong doings related there to. In particular, they are partners in the conspiracy aimed at committing the crime against the tribal people concerning their constitutional rights over land.

The National Commission was, therefore, requested by the affected people to take the following measures: -

(i) Ensure that illegal land acquisition proceeding premised on forgeries and misleading information are stopped and reopened.

(ii) Ensure that those responsible for fabrication of records of for not taking statutory protective, preventive and restorative measure are subjected to disciplinary proceedings.

(iii) Direct or file proceedings for criminal investigation and prosecution.

(iv) Ensure that no victimization takes places of the tribal and others who protest.

(v) Take steps to ensure that the working of tribal Gram Sabhas is in accordance with the provision of the law.

(vi) Establish a proper system to ensure that statutory responsibilities and proceeding are adhered to in fulfillment of statutory and constitutional mandate.

The National Commission has asked the GOC to enquire into the allegations and report. It appears that the GOC has not taken these issues seriously. It is understood that an enquiry is being conducted at the local level. Since the facts about the conspiracy and fabrication are so clear and their legal consequences also well, the local officials are apprehensive. They are also in a revengeful mood as is clear from these officers, as a strategy for self-deference later events. Moreover, they are keen that the N.M.D.C. takes possession of land at the earliest and starts work so that the higher authorities including the National Commission can be faced with a fait accompli and peoples demand for justice is thwarted. The local officers are bold enough even to be partners in a crime against people and democracy because of the unequivocal directions from the highest level in the government to establish the plant, law or no law. It is a pity that no officer is prepared to abide by the dictate to the law of the land.

It is in this frame that reign of terror has been engineered in Nagarnaar area. Some cases on frivolous grounds have been registered against those active in the movement, for example, Satyanarayan Sethia, Duryodhan and Somson Kashyap. The people of Nagarnaar ware planning to go to Mavalibhata for attending the annual madai there on 24th October, which is held annually to celebrate the successful peoples resistance against the Steel plant there way back in 1992. The local administration was apprehensive that the coming that the coming together of the people from these areas may give boost to the resistance in Nagarnaar. In fact, even on the earlier occasion in 1992 the people of Nagarnaar had joined hands with people of Mavalibhata. Therefore the police decided to disrupt their plan to participate in madai by detaining some leaders.

Shri Satyanarayan Sethia was summoned to the Police Station at about 9 pm on 23rd. He was taken away to Jagdalpur. The arrest was ostensibly in respect of a petty offence registered a week earlier. On being questioned about the propriety of precipitate action at that odd hour, Sethia was told by the S.H.O. that he was acting under instructions of higher authorities. The ringleaders had to be nabbed. This is reasonably confirmed by later events.

Accordingly, after a while Samson Kashyap and Duryodhan ware also called from their houses. This was seen by some people in the village. They got apprehensive. The people started collecting near the Police Station. They asked for the whereabouts of Satyanarayan. As they learnt that he had been taken to Jagdalpur, they demanded his return forthwith. In the mean time more people collected. At this stage at about 10 Pm. police used force to disperse them. They beat up many women who were in the forefront. But did not deter the people. They remained peaceful and firm on their demand. The whole night passed like this.

As other people in the neighboring villages learnt about these events in the morning, they also started pouring in. The number swelled to about five thousand in no time. There was only one demand Release our people unconditionally. It is in the wake of this gathering storm that at about 10.30 in the morning, the police started unprovoked lathi charge on the people. Women in the forefront were special targets. The lathis were hit directly on heads even of old women. The crowd got restive. Therefore, the police used tear gas shills, some two dozens in all. And lastly, there was firing. Some five shots were heard. Four persons including two women received injuries in their legs.

The police personnel in the police station in the near time started breaking glass panes of vehicles in the Thana, demolishing the sentry post made of mud and such like. It was aimed at maligning the movement and justify brutal action. But the people exercised restrain. They remained firm on not allowing the police personnel to move out from the Thana.

As the news about the ineffective use of force reached Jagdalpur, additional force was rushed in. The collector and the inspector General of Police also reached the spot by 12 noon. But people refused to let them in. Nor did they talk with these officers.

As the administration could see no alternative, they had to relent. Two activists were brought back from Jagdalpur. All the three were later release unconditionally at about 4pm. The people dispersed peacefully. In all about 45 people were injured. 35 of them were taken to Jagdalpur and admitted to the hospital and the rest remained at Nagarnaar. Eight people including four women are still in Jagdalpur hospital. One person, who could not be operated in the local hospital for extraction of a foreign body embedded in anklebones, is being referred to Raipur.

It is reported in the press that cases against more them 50 persons including a large number of women specially have been registered by the police under various sections such as 147, 148, 186, 294, 332, 336, 341, 342, 427, 452, 506 and 508 of the I.P.C. There is apprehension, bases on rumors, that cases under narcotics acts be booked against key persons by planting the material in their houses.

The game plan of the local administration is clear. Terrorize the people. Remove the articulate and active persons including some women from the scene. It has to be noted that it is the women who are in the forefront in this struggle. Their simple logic, as stated to the District Collector herself, is that they know only one thing, that is, agriculture. Had they known anything else they would also have been moving around with handbags like that of the Collector. For them issue is a matter of `do or die'. Either assert for a life with dignity in the village or be ready for a miserable life with children in the dingy lanes of urban cluster which are already studdedwith `destitutes Of development'. The N.M.D.Cs own project at Bailadila is no exception with horrendous tales of forced displacement, disorganization and destitution. The people cannot trust any one. The women are in no mood to relent.

There is, however, clam for the time being because of the anniversary function of Chhattisgarh on November 1,2001 at Raipur. It is rumored that armed battalions are being posted to Nagarnaar to meet any contingency of resistance by Gram Sabhas to take possession of land there.

All the four Gram Sabhas are firm in their resolve not to surrender before the conspirators against democracy. They have formally resolved that since the acquisition proceedings are void ab initio for reasons discussed earlier, no of their land, on the strength of impugned award. The Gram Sabhas shall not allow illegal takeover of land for whose management they have now the Constitutional mandate under section 4(d) of the Extension Act. The local administration and police have been informed accordingly. It has been clarified that the responsibility for any untoward incident shall be entirely that of the local administration.

With the unfolding of events in the wake of the States unilateral decision to set up a Steel Plant in Bastar, described above, the basic issue has shifted from the Steel plant to the blatant attack by the State an its officials on the fundamental rights of the tribal people and the highest institution of a democratic policy, the assembly, the assembly of people at the village level in the form of Gram Sabha. It is a pity that it took about half a century before the spirit of the Constitutional provisions for the protection of the tribal people could be translated in concrete terms after the 73rd Amendment with the enactment with the enactment of the extension Act. The scope of the provisions of the Fifth Schedule has also been made explicit only now in judicial pronouncements.

The administration, however, has remained oblivious about the significance of these basic changes. Moreover, all votaries of development at any cost are in a hurry, having no time for even a dialogue with the people. The basic morality and sense of responsibility, even amongst senior officers and political leaders to the Constitutional mandate such as protection and advancement of the simple tribal people has reached a abysmally law ebb. Otherwise, how one can even imagine that those in authority can go the extent of conspiring against the people and fabricate records of the Constitutional entities with no question asked? What is happening in Bastar is a continuing crime against democracy of the worst order. The people are fighting a grim battle against their own protectors. We solicit intervention by the President himself.

The Kisan Sangharsh Samiti, Nagarnaar, Bastar, Chhattisgarh State takes this opportunity for appealing to sensitive people all over the country who are concerned with basic values in life particularly the norms of democratic polity. Let all those who stand by development with equality, standby the people of Nagarnaar and Hiranar in this hour of trial. They may write to the President of India, Prime Minister and even the C.M. of Chhattisgarh on the issues given below-

(i)Demand scrapping of illegal land acquisition proceedings in Nagarnaar area premised on forgeries and misleading information.

(ii)Ask the Chairman NMDC,Hyderabad Andhra Pradesh to stop issue of cheques and all other proceeding for taking over of land on the basis of fraudulent processes.

(iii)Demand that those including officers of NMDC responsible for fabrication of records or for not taking statutory protective,preventive and restorative measures are subjected to disciplinary proceedings.

(iv)Demand that there is no victimization of the tribals and others who have been protesting against the illegal activities of the State. All cases registered against them may be dropped.

(v)Demand steps to ensure that the workings of tribal Gram Sabhas throughout the country is in accordance with the provisions of the Constitution and other relevant laws.

(vi)Demand provision for deterrent punishment under law for a new genre of crimes, which have come to the fore in this case that is, crime against democracy.

(vii)Demand to establish a proper system to ensure that statutory responsibilities and proceedings are adhered to in fulfillment of statutory and constitutional mandate.

(viii)Demand that a Gram Sabha Tribunal may be set up at the national level under the Chairmanship of a Supreme Court Judge with noted public persons as members. All cases of misuse of authority against Gram Sabhas may be taken up by this Tribunal.

A copy of the statements, letters to various authorities issued etc. in this regard may be sent to Shri Satyanarayan Sethia, Convener, Kisan Sangharsh Samiti, V&P Nagarnaar, distt. Bastar,Chhattisgarh.

We will also solicit support as the field level in our struggle through direct participation by friends. Nagarnaar is just 19 Kms. From Jagdalpur on the national highway no. 43 towards Vishakhapatanam.