Displacement

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KEY TRENDS
 

• Section 105 of the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013, which provides for excluding 13 Central legislation, including Land Acquisition (Mines) Act 1885, Atomic Energy Act, 1962, Railway Act 1989, National Highways Act 1956 and Metro Railways (Construction of Works) Act, 1978, from its purview, has been amended for payment of compensation with rigours $

• The amendments have now relaxed the requirements of consent and Social Impact Assessment survey for projects in following areas: 1. Defence and defence production; 2. Rural infrastructure (including rural electrification); 3. Affordable housing; 4. Industrial corridors; 5. Social infrastructureprojects including PPPs in which ownership rests with the government $

 

• The Standing Committee report on Land Acquisition, Rehabilitation and Resettlement Bill, 2011 (submitted on 17 May, 2012) recommended that land may not be acquired for use by private companies and PPPs. The Committee recommended including “infrastructure projects” within the definition of public purpose. Since sale and purchase of land is a state subject, the threshold for R&R provisions shall be fixed by the states and not the central government. Restriction on land acquisition should also apply to any land under agricultural cultivation. No central act should be exempted from the provisions of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 and necessary amendments should be brought in those Acts to bring them at par with this Bill. The Committee recommended that if acquired land is left unutilized for 5 years, the land should be returned to the land owners α

• India is the third largest dam builder country in the world. It now has over 3600 large dams and over 700 more under construction*

• Displacement due to dams in India has been variously estimated. Fernandes, Das & Rao (1989) claimed that Indians displaced by dam projects numbered 21 million*

• Available estimates of people displaced by large and medium dams in India show that the 140 dams for which such figures are available, have displaced over 4.4 million people*

• Many researchers estimated that the number of people displaced due to big projects comes between 10 and 25 million. In an influential 1989 study, Fernandes, Das and Rao provide an estimate of some 21 million displaced persons. Scholar-administrator Dr. N. C. Saxena, places his estimate of persons displaced by big projects since 1947 at nearly double this figure — 50 million**

• India has adopted the policy of promoting the Special Economic Zones (SEZs) for faster industrial development. It needs about 50,000 hectares of agricultural land for SEZs and 1.49 lakh hectares for all projects which include also industrial, mining, irrigation and infrastructural projects***

• The Land Acquisition Act, 1894 of India is the primary legislation that provides for acquisition of land***

• Since independence at least 50 million people in India have been displaced by dams, mines, thermal power plants, corridor projects, field firing ranges, express highways, airports, national parks, sanctuaries, industrial townships, even poultry farms@

Sources:
 

$ Amendments to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Press Information Bureau, dated: 29 December 2014 (Please click hereto access)
 
α Standing Committee Report Summary, PRS Legislative Research

* Large Dam Projects and Displacement in India,
http://www.sandrp.in/dams/Displac_largedams.pdf

**  Planning Commission titled Dams, Displacement, Policy and Law in India,
http://planningcommission.nic.in/reports/articles/ncsxna/a
rt_dam.pdf


*** Environment of Land Diversion, Displacement and Rehabilitation: A Study of Indian SEZs,
http://www.mse.ac.in/Frontier/w23%20Verma.pdf

@ The destruction of 'development' by Jaideep Hardikar, Infochange
http://infochangeindia.org/index2.php?option=com_content&a
mp;do_pdf=1&id=6161


http://www.sacw.net/Nation/sezland_eng.pdf


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