RO J E C A P CT T O O N
ACQUSITION OF LAND IN TR IBAL AR EAS
.
Acquisition of Land in Tribal Areas
OF CONTENTS TABLE O Acknowledgements…… Acknowledgements…………………… ………………………………… …………………………………… ………………………………… ………………………………… …………………………02 ………02 Table of Contents……………………………………………………………………………………………………..03 List of Acronyms Acronyms and Abbreviati Abbreviations…………… ons…………………………… ………………………………… ………………………………… ………………………………. ……………….04 04 Objectives……………………………………………………………………………………………………………...05 Research Methodology……………… Methodology………………………………… ………………………………… ………………………………… …………………………………… ………………………….05 ……….05
Introduction……………………………………………………………………………………..06 Need for Land Acquisition........................................................................................ Acquisition........................................................................................ ..................07 Indian Tribes................................................................................................................................08 Land Acquisition Acquisition and the Current Legal Status.......................................................................09 Land Acquisition Acquisition in Tribal Areas.........................................................................................10-11 Land Acquisition and Tribal Reaction in Chhattisgarh.....................................................12-15 Chhattisgarh.....................................................12-15 Features Features of the Latest Land Acquisition Acquisition Bill and Rehabilitation Rehabilitation Policy...........................16-18 Amending Amending Retrograde Laws..................................................................................... .................19 Conclusion ………………………………………………………………… …………………………………………………………………...............................20 ...............................20 References……………………………………………………………………………………….21
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Acquisition of Land in Tribal Areas
LIS T O OF A BBR E V I A TIONS & A CR ON Y MS AIR
:
All India Reporter
CGLRC
:
Chhattisgarh Land Revenue Code, 1959
ed.
:
Edition
HC
:
High Court
Id.
:
Ibid/ Iridium
Guj
:
Gujarat
MNREGA
:
Mahatma Gandhi National Rural Employment Guarantee Act
MP
:
Madhya Pradesh
MPLJ
:
Madhya Pradesh Law Journal
NGOs
:
Non-Governmental Organisations
RN
:
Revenue Nirnay
SC
:
Supreme Court
SCC
:
Supreme Court Cases
ST
:
Scheduled Tribes
Supra
:
From the same footnote
VLM
:
Village Level Workers
Vol.
:
Volume
w.e.f.
:
With effective from
www
:
World wide web
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Acquisition of Land in Tribal Areas
OB JEC TI V ES The work deals with the topic “ A cquisition of L and in Tr ibal Ar eas ”. The objectives of the work are the followings:1. 2. 3. 4.
To study about the history of Land Legislations in India. To understand the demerits of the earlier Land Legislations in India. To study the problems faced by tribal’s during Land Acquisition. To study the Acquisition of Land in Tribal Areas.
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Acquisition of Land in Tribal Areas
R ESE A R RC H ME THODOLOG Y The method adopted for this work was analytical in nature based on empirical and nonempirical sources. Legislative enactments, judicial pronouncement, books, reports, journals, news and other reference have been primarily helpful in giving this work a firm structure. Articles form websites and blogs have also been referred. Footnotes have been provided wherever needed, either to acknowledge the source or to th
point to a particular provision of law. Uniform Bl uebook (19 ed.) citati on f ormat has been followed for footnoting.
INTRODUCTION The Land Acquisition Act of 1894 is a legal Act in India which allows the Government of India to acquire any land in the country. As per Constitution of India land belongs to some individual or group of individuals have legal rights to own the land. These individuals are free to use their land according to their will or to sale their land for monetary or other advantages. However, at times land is needed for some community purpose, like roads, canals, government offices, military camps, SEZ, etc. Government can acquire the individuals land. Land Acquisition literally means acquiring of land for some public purpose by government/government agency as authorised by the law from the individual landowner (s) after paying some compensation in lieu of losses occurred to land owner(s) due to surrendering of his/their land to the concerned government agency. Acquisition of land by the government for public purpose or for the companies is governed by the Land Acquisition Act, 1894.
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Acquisition of Land in Tribal Areas The Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as CGLRC), is one instrument in that struggle. However, the law has been the subject of considerable controversy because of its pros and cons. It was inserted by the Amendment of 1980 with the aim that it would redress the “historical injustice” committed against aboriginal tribes and would compensate them. Thus, the preset work deals with Section 170-B of CGLRC. It tries to understand meaning of aboriginal tribes and their rights under Section 170-B. Further it deals with object of the section and its constitutional validity and applicability. Further it deals with the working of the Section. At the same time it also throws lights on misuse of the aforesaid Section. At last it suggests steps for the effective implementation of the Section.
NEED FOR LAND ACQUISITION 1. Land Records in most parts of the country are fragmented and disorganised. In most cases they haven‟t been updated for decades. The new law overcomes that by ensuring the Collector updates the land records and also pays up to four times the value to correct any inaccuracies. 2.
If land is purchased then there are no benefits for livelihood losers who are usually far greater in number than the land owners. This Bill ensures that they are taken care of and not simply displaced.
3. The inequality in terms of bargaining power between large-scale corporations and small farmers and other marginalised groups increases the likelihood of unfair agreements. Contracts tend to be signed in favour of the party negotiating from a greater position of strength. That is why government is required to bridge the gap and bring balance to this relationship.
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Acquisition of Land in Tribal Areas 4. A legitimate need for acquisition by the state itself (to build public goods such as roads, schools and hospitals) can be undermined and stalled by groups with vested interests. If there is no sovereign power to compel these groups, a single individual or group of individuals can hold a process hostage merely by refusing to part with land. Further, in times of crisis such as war, famine and floods, coupled with absence of legislation clarifying and guiding the state‟s exercise of „eminent domain‟, situations can emerge jeopardising human lives.
INDIAN TRIBES India has the second largest concentration of tribal population, after that of the African continent. Tribals are generally called „Adivasis‟ implying „original Inhabitants‟ of the land. There are 698 Scheduled Tribes spread all over the country barring States and Union Territories like
Chandigarh, Delhi, Haryana, Pondicherry and Punjab. Orissa has the largest number – 68 . They are notified as Scheduled Tribes (STs) by the President of India under Schedul ed Tribes Article 342 of the Constitution. The first notification was issued in 1950. Characteristics like the tribes‟ primitive traits, distinctive culture, shyness with the public at large, geographical isolation and social and economic backwardness etc are considered before a tribe is considered Scheduled Tribe. Administratively, they are grouped separately in the Fifth and the Sixth Schedules for the Central India and the North-East regions, respectively. Although the genesis of the concept of Scheduled Areas dates back to the Scheduled Districts Act of 1874, in the British colonial period, the Scheduled Areas were retained to enable the tribals enjoy their customary rights Page | 7
Acquisition of Land in Tribal Areas without exploitation and to develop and protect their environments. Tribals constitute about 82 percent of the total population of the country and have a rich and distinct identity and culture. Each of the tribal community has its territorial mainstream society. Women in the tribal communities enjoy equal status with men. As per 2001 census, of the 86 million tribals about 80 percent live in the Middle India belt of Andhra Pradesh, Orissa, Jharkhand, Chhattisgarh, Madhya Pradesh, Northern Maharashtra and Southern Gujarat. Around 12 percent or about 10 million live in the Northeast. The rest are spread over the remaining States. Most tribes in Middle India come under the Fifth Schedule that accords protection to their land and culture. Some tribes in the Northeast come under the Sixth Schedule that grants them greater autonomy than their Middle India counterparts have. In response to their nationalist struggles, the Parliament amended the Constitution to allow the tribes of Nagaland and Mizoram to run their civil affairs according to their customary laws. Most others do not have any special protection other than the rather weak protective laws.
LAND ACQUISITION AND THE CURRENT LEGAL STATUS The land acquisition process in India has lately assumed a controversial and debatable dimension. The recent uproar against the land acquisition in Nandigram at Singur and Greater Noida and the verdict of the apex court has brought the Land Acquisition Act and the process of land acquisition under a general discussion. Acquisition may be defined as the action of the government whereby it acquires land rom its owners in order to pursue certain public purpose or for any company. This acquisition is subject to payment of compensation to the owners or to persons interested in the land. Land acquisitions by the government generally are compulsory in nature, not paying heed to the owner's unwillingness to part with the land. The process of land acquisition is initiated by the government and the land owners have no role to play in it except for filing of objections while collecting compensation of the land. Various state governments come with several kinds of schemes for the people whose land is acquired by the state. The
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Acquisition of Land in Tribal Areas predominant purpose of any acquisition of land by the government has r emained “public welfare” which can be development related activity or construction of various industrial, housing schemes. By and large the land acquisition by the state government is upheld by the courts whenever challenged because the “public purpose” is always kept in mind by the courts dealing with such cases. The challenge to the award and the filing of objections is in the designated revenue courts and the matters are dealt specifically by such courts. Acquisition and requisition of property falls in the concurrent list, which means that both the centre and the state government can make laws on the matter. There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is the Land Acquisition Act, 1894.
LAND ACQUISITION IN TRIBAL AREAS Separate chapter: A separate Chapter has been carved out to protect interests of tribals and those belonging to the Scheduled Castes. Where acquisition does take place it shall be done as a demonstrable last resort. • Approval: As far as possible no acquisition shall take place in the Scheduled Areas. And where such acquisition does take place it has to be done with the approval/ consent of the local institutions of self-governance (including the autonomous councils where the y exist). • Development plan: A Development Plan has to be prepared laying down the details of procedure for settling land rights due but not settled and restoring titles of tribals on alienated land by undertaking a special drive together with land acquisition. The Plan must also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on
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Acquisition of Land in Tribal Areas non-forest lands within a period of five years sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. • One-third to be paid up-front: In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families at the outset as first instalment and the rest shall precede the taking over of the possession of the land. • Resettlement in the same scheduled area: The Scheduled Tribes affected families shall be resettled preferable in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. • Land for community: The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. • Alienation of tribal lands to be void: Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void: and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be available to the original tribal land owners or land owners belonging to the Scheduled Castes. • If resettled outside scheduled area then additional benefits: Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district then they shall be paid an additional twenty-five per cent rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. • Higher land-for-land area for SCs/STs: In every project those losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or twoand-a-half acres, whichever is lower (this is higher than in the case of non-SC/ST affected families)
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Acquisition of Land in Tribal Areas • Additional amounts: In addition to a subsistence amount of rupees 3000 per month for a year (which all affected families get), the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to rupees 50,000. Much of the land in the Scheduled Areas is rich in mineral resources. The need to fuel the development engine based on the exploitation of these resources has resulted in violations of the rights of the Scheduled Tribes witnessed in cases like POSCO and Vedanta in Orissa. This has 1
occurred inspite of the Supreme Court‟s judgment in Samatha v. State of Andhra Pradesh , where the court held that government lands, tribal lands, and forest lands in the Scheduled Areas cannot be leased out to non-tribals or to private companies for mining or industrial operations. However, the Supreme Court in a later judgment in BALCO Emplo yees‟ Union v. Union of 2
India , limited the application of the Samatha judgment only to the state of Andhra Pradesh. The court also expressed its reservations about the correctness of the Samatha decision and suggested that the matter be decided by a five judge constitution bench. However, till date, no such reference has been made.
LAND ACQUISITION AND TRIBAL REACTION IN CHATTISGARH Over the years, governments have successfully created an illusionary perception of “development” related activities to divert attention from the forced eviction of poor tribals. Phrases like “Development Induced Displacement ” have been coined to create the illusionary impression that displacement of tribals must be taken for granted whenever “development” takes place. A better and more accurate phrase would be: Displacement in the Name of Development.
1 2
(2005) 8 SCC 867 (2006) 5 SCC 987
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Acquisition of Land in Tribal Areas Across the country tribals are realizing that the so called “development” activities and also the deployment of security forces to flush out naxals have a common goal: their eviction so that the local minerals and other resources can be exploited to sustain the so-called GDP growth rate of the country. They also realize that the so-called constitutional provisions to safeguards their traditional lifestyle, culture, and identity are too flimsy to count upon. Therefore, the number of protests against compulsory acquisition of land is rising. For example, construction of manufacturing units such as Tata‟s Nano car in Singur, in which 997 acres of agricultural land was acquired to set up a factory for one of the cheapest cars in Asia, (the project was subsequently shifted to Gujarat) or for developing Special Economic Zone such as in Nandigram or construction of large dams like Sardar Sarovar Dam on the river Narmada, which famously led to a cancellation of grant by World Bank due to protests under the argument that the tribal population was getting displaced under unfair conditions among other reasons such as
environmental impact of the project. The effects of displacement spill over to generations in many ways, such as loss of traditional means of employment, change of environment, disrupted community life and relationships, marginalization, a profound ps ychological trauma and more.
According to the 2001 Census, Chhattisgarh (31.8%) has the highest percentage of ST people in its population followed by Jharkhand (26.3%) and Orissa (22.1%). The tribal communities in these states have faced rampant exploitation, displacement and dispossession from their resources at the hands of the state.
The total population of the State as per the census of 2001 was 2, 08, 33,803, of which the scheduled Tribes were 66,16,596 which is 31.76 percent of the total population. As per the 2001 census, there are 42 different tribes including five Primitive Tribe Groups (PTGs) comprising about 12 lakh tribal families. The five PTGs are: Abujhmaria, Baiga, Birhor, Hill Korwa, and Kamar. The entire PTG population of 1.11 lakh is under the BPL category.
The ST population is spread over the entire state with Kanwar tirbe predominantly in the north while the Gonds are the majority tribe in south. Gonds are the biggest tribe forming 55% of the total ST population. At the district level, tribals have largest concentration in Dantewada (78.5
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Acquisition of Land in Tribal Areas percent) followed by Bastar (66.3 percent) and Jashpur (63.2 percent) districts. Janjgir-Champa district has the lowest proportion of tribal population (11.6 per cent).
Chhattisgarh: “Rich Lands of Poor People”
“Development is not only about minerals and natural resources and a simple „dig and sell‟ proposition, it is about tribals and backward castes and their land and livelihood alienation. It is about poverty, backwardness and Naxalism. It is also about deforestation and biodiversity impact, water security and pollution.” – Chandra Bh ushan , a researcher on mineral policy.
Large scale alienation of tribals from their land is going on rampantly in Chhattisgarh. Whether for coal blocks in Raigarh, or a power plant in Premnagar, cement plants in Tilda, or a large industrial area in Rajnandgaon, bauxite mining in Sarguja and Jashpur, sponge iron or diamond mining in Devbhog, tribals are facing and resisting displacement. Same is the story for the Tiger Reserve, Elephant Reserve, Wild life Sanctuaries etc. in Bilaspur, Jashpur and Dhamtari districts. The list is endless. A peasant woman, Satyabhama, lost her life while being force-fed to break the indefinite fast she had undertaken to save the waters of the Kelo river from pollution by Jindal Steel in the Raigarh district.
In September 2008, a road blockade by hundreds of villagers of the “Jameen Bachao Sangharsh Samiti” stalled a proposal for handing over an area of 105 square kilometres situated in 30 villages of Kunkuri Tehsil of district Jashpur to the Jindal Power and Steel Limited “to search for gold, diamond, platinum group of minerals, precious and semiprecious gemstones”.
The way companies are zeroing on mineral resources can be clearly seen in the cement sector. There are about 8225 million tones of limestone in Chhattisgarh, predominantly in the Raipur, Durg, Janjgir, Bilaspur, Rajnandgaon, Kawardha and Bastar districts, a large proportion of which is cement grade. In the past decade the plant of the public sector Cement Corporation of India at Mandhar (Raipur) has closed down. The well known brands of ACC and Ambuja have been taken over by the Swiss multinational Holcim. Lafarge has also taken over two cement plants.
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Acquisition of Land in Tribal Areas
Seven percent of the country‟s bauxite, about 198 million tones, is available in the Sarguja, Jashpur, Kawardha, Kanker and Bastar districts. It is being mined at present in Sarguja by the now privatized Sterlite and the Hindalco companies. Hundreds of adivasi families have lost their lands. In the name of employment one person from the affected family were employed as lowly paid contract labor. Discontent is rife among these landless adivasi miners.
Sixteen percent of the country‟s coal (39,545 million tones) is to be found in the Raigarh, Sarguja, Koriya and Korba districts of northern Chhattisgarh. In 2007, the adivasis of Khamariya Village, raising objections to giving up their lands to the Jindal Coal Mines, were beaten up during in a public hearing arranged by the district administration but was steered b y the Jindals.
The public hearings for environmental clearances for three more power projects including AES Chhattisgarh Power (a joint venture with the American energy giant) were recently stalled by villagers protesting that they had not been notified and they apprehended widespread pollution.
The Indian Farmers Fertilizer Cooperative Ltd (IFFCO) had to withdraw its proposal of setting up a 1000 mw coal-based thermal power plant in Premnagar in Sarguja district after strong protests. When the company persisted and got their leader arrested, over 1,000 people marched to the police station to get him released. The new site subsequently chosen by IFFCO, 10km away, also came into serious controversy recently, when villagers who had passed a resolution against the project.
In the coal sector, the presence of the coal mafia is so overpowering that an MLA of Dhanbad has alleged that “SECL could earn only Rs 800 crore profit in the fiscal year 2006- 07, whereas it (the earning) could have been more than Rs 30,000 crore if the government could have reduced the pilferage.” In particular it is an open secret that in Chhattisgarh the Aryan Coal Beneficiaries (that also runs the daily newspaper Haribhoomi) has a monopoly over the washery business and therefore makes a lot of money at SECL‟s expense.
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Acquisition of Land in Tribal Areas One-fifth of the country‟s iron ore – about 2336 million tones averaging 68% purity is found in the Dantewada, Kanker, Rajnandgaon, Bastar and Durg districts. The Bhilai Steel Plant is one of the world‟s most efficient steel plants, yet it is being deliberately tripped by private players particularly Jindal Steel & Power.
The Bastar region is one of the richest in mineral resources – not only in iron ore, but also perhaps a host of other unexplored minerals including limestone, bauxite, and even diamond and uranium. In May 2008, about 5,000 tribals from 25 villages took out a two-day protest „padyatra‟ from the site of the proposed steel plant of Essar to Faraspal of district Dantewada, to protest mining of iron ore from the Bailadila mountains. They claimed that the government has granted mining leases to 96 industrial houses besides Tata and Essar in the Bailadila area and demanded that the mountains, 40 km long and 10km wide, which contained iron ore deposits to the tune of 300 crore tonnes should not be leased to private companies for mining as it could pose a threat to the existence of the mountains as well as the local tribal culture. The provisions contained in Section 170-B are also applicable to transaction between two persons both of whom are members of aboriginal tribes. In these kinds of matters orders passed 3
by the authorities suffer from illegality. 4
In Bhaiji v. Sub-Divisional Officer, the Supreme Court held that where there is alienation of land between the members of Aboriginal Tribe, obtaining of prior permission from the Competent authority is a must. Where no such permission is obtained the sale deed is hit by the provisions of Section 170-B.
FEATURES
OF
THE
LATEST
LAND
ACQUISITION
BILL
AND
REHABILITATION POLICY
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in the Lok Sabha on September 7, 2011 by the Ministry of Rural Development but was never taken up for
3
Parwati v. Munna and others, 2011 (1) CGBCLJ 179. (2003) 1 SCC 692.
4
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Acquisition of Land in Tribal Areas discussions. The Bill proposed a unified legislation for acquisition of land and adequate rehabilitation mechanisms for all affected persons and replaces the Land Acquisition Act, 1894. But in view of objections from certain states the Centre decided to revise the draft bill incorporating suggestions made by State governments to protect the interests of tribals and the sanctity of the Gram Sabhas. The government intended to reintroduce it in the monsoon session of 2012 but failed, despite the verbal noise by ruling politicians. The Bill would protect the interests of farmers/land owners and not bar purchase of land by the private companies, corporates among others. It would enable acquisition of land for industries, industrialization and some form of urbanization. It also makes it mandatory that Gram Sabhas are consulted and the R&R package is executed before the acquired land is transferred. Under the proposed law, the R&R package would necessarily have to be executed for land acquisitions in excess of 100 acres by private companies. It also prohibits private companies from purchasing any multi-cropped irrigated land for public purposes.
In terms of specific issues, here is what the bill proposes: Definition of Public Purpose : The proposed Bill makes “public purpose” clearer: it includes
laying and developing of infrastructure such as highways, roads, bridges and railway establishments, and not malls and shopping complexes. While the State government would not have any role in acquisition of land, it would come into the picture if the private companies petitioned for such an intervention. The government would do so only if the acquisition would benefit the general public. To safeguard against indiscriminate acquisition, the Bill requires States to set up a committee under the Chief Secretary to approve that the acquisition is of “public purpose” and the social impact assessment for the land in question has been done.
A Role for the Gram Sabhas : For the first time, the law has acknowledged the role of the Gram
Sabha in the process of land acquisition, stressing that they would have to be “consulted”. This has been done to comply with other laws, such as the Panchayat (Extension to the Scheduled Areas) Act (PESA), 1996; the Forest Rights Act, 2006; and Land Transfer Regulations in Schedule V (Tribal) Areas. The Ministry of Panchayati Raj had opposed the earlier draft, stressing that the approval of the Gram Sabha was necessary for land acquisition under PESA.
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Acquisition of Land in Tribal Areas Time limit for utilization of land : If the acquired land was not put to use for within five years
of the acquisition, it would be returned to the original owner and the benefit of increase in the market price should go to the owner. The draft Bill will enjoy primacy over 18 other laws pertaining to land acquisition. Its provision will be in addition to and not in derogation of the existing safeguards currently provided for in these laws.
Compensation to both the land and livelihood losers : Both the land owners and livelihood
losers will have to be paid compensation. In rural areas, the compensation will amount to six times the market value of the land while in urban areas it would be at least twice the market value. Apart from this, the landowners will be entitled to a subsistence allowance of Rs.3,000 per month for 12 years and Rs.2,000 as annuity for 20 years, with an appropriate index for inflation.
Land for urbanization : In the cases of land acquired for urbanization, 20 per cent of the
developed land would be reserved and offered to the land owners in proportion to the acquired land. In addition, every affected family would be entitled to one job, else Rs.2 lakh.
Loss of housing : Those who lost their house in the land acquisition process would be provided a
constructed house with, in rural areas, plinth area of 150 sq. m, and 50 sq. m in urban areas, as well as a one-time resettlement allowance of Rs.50,000. If the land acquired is for an irrigation project, one acre of land would be provided to each affected family in the command area. Livelihood losers would get a subsistence allowance of Rs.3,000 per month per family for 12 months and Rs.2,000 per month for 20 years as annuity, factoring in inflation.
Special package for SC/ST : Scheduled Caste and Scheduled Tribes would get a special package
wherein each family was entitled to one acre of land in every project. Those settled outside the district would be entitled to an additional 25 per cent of R&R benefits. The draft envisages that ST families be paid one-third of the compensation amount at the very outset. They will also have preference in relocation and resettlement in an area in the same compact block and free land for community and social gatherings.
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Acquisition of Land in Tribal Areas Tribal Displacement Plan : If 100 or more ST families are displaced, a Tribal Displacement
Plan would be put in place. It would include settling land rights and restoring titles on alienated land and development of alternate fuel, fodder and non-timber forest produce. STs and SCs would also get, in the resettlement area, the reservation and other benefits they were entitled to in the displaced area. Besides, the resettlement area should provide at least 25 infrastructural amenities including schools and playgrounds, health centers, roads and electric connections, assured sources of safe drinking water for each family, Panchayat Ghars, fair-price shops and seed-cum-fertilizer storage facilities, places of worship and burial and cremation grounds.
AMENDING RETROGRADE LAWS With the adoption of the LARR Act, pre-existing laws still used to forcibly displace adivasi communities look even more inhumane and retrograde. The 55 year-old Coal-Bearing Areas Acquisition Act in particular is an anachronism, which continues to facilitate numerous human rights and forest rights abuses on the ground. For example, this monsoon, in Korba district of north Chhattisgarh, South-Eastern Coalfields Limited (SECL), a subsidiary of Coal India
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Acquisition of Land in Tribal Areas Limited, one of the world‟s largest coal producers, was forcibly evicting people of the vulnerable Korwa tribe, whose lands it had acquired on paper in the 1990s. In the adjoining district of Sarguja, SECL has been suing adivasi farmers for 37 lakh rupees in damages, citing protests by villagers that had led to the mine being shut for a day. In a district court, the SECL lawyer has argued in an affidavit that provisions of the 1996 Panchayats (Extension to Scheduled Areas) Act – specifically, its clause that says adivasi villagers must be consulted before their land is acquired – do not apply to the mining public sector undertaking (PSU). These instances indicate the importance of explicitly amending pre-existing laws to make them unambiguously compliant with LARR provisions, so that a uniform regime, which includes free, prior and informed consent and land-for-land rehabilitation principles applies across adivasi areas.
CONCLUSION The adoption of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( LARR Act), which received the presidential assent on 26 September, marks a long overdue move to end the colonial Land Acquisition Act of 1894,
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Acquisition of Land in Tribal Areas the primary instrument through which the state forcibly evicted its citizens. The new law is potentially a step towards greater justice for adivasi communities. Finally, the campaign should actively engage adivasi communities, who must not just be told about the safeguards in the new law but also the seriousness of its intent. The latter is especially important, given how little faith villagers today have in public hearings, knowing from bitter experience that such events have been reduced to just another box to be ticked by officials in the clearance process. One way of crafting a campaign for this audience could be for the Ministry of Tribal Affairs to closely ally with networks like the Bhasha Research Institute, the central Indian citizen media initiative Swara, adivasi student movements, lawyers, community leaders and activists on the ground to produce and propagate succinct rights primers in various adivasi languages. Such written or oral accounts should clearly outline for communities on the ground what their new participation and anti-displacement rights are, how they can exercise them, and finally the mechanisms available to them to raise violations, of which there are bound to be many as a landmark law takes life on the ground.
R EFERENCES: LEGISLATIONS:
The Constitution of India, 1950.
The Chhattisgarh Land Revenue Code, 1959.
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Acquisition of Land in Tribal Areas
CASES:
Bhaiji v. Sub-Divisional Officer, (2003) 1 SCC 692.
Parwati v. Munna and others, 2011 (1) CGBCLJ 179.
Samatha v. State of Andhra Pradesh, (2005) 8 SCC 867 BALCO Employees‟ Union v. Union of India, (2006) 5 SCC 987
BOOKS:
Gandhi, M.K., The selected works of Mahatma Gandhi: Satyagraha in South Africa (1968).
th
Jindal, M.L., M.P./ Chhattisgarh Land Revenue Code, 1959, (4 ed. 2006) Rajkamal Publications, Indore.
nd
Thakur, D. & Thakur, D.N., Tribal Development and Planning (2 ed.2009), Deep & Deep Publications, New Delhi (1994).
WEBSITES:
www.books.google.com
www.indianchristians.in
www.tribal.nic.in
www.vedamsbooks.com
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