acquition of land in tribal areas - cglrc

8/12/2019 Acquition of Land in Tribal Areas - Cglrc

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Acquisition of Land in Tribal Areas

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Acknowledgements02

Table of Contents..03

List of Acronyms and Abbreviations.04

Objectives...05

Research Methodology.05

Introduction..06

Need for Land Acquisition..........................................................................................................07

Indian Tribes................................................................................................................................08

Land Acquisition and the Current Legal Status.......................................................................09

Land Acquisition in Tribal Areas.........................................................................................10-11

Land Acquisition and Tribal Reaction in Chhattisgarh.....................................................12-15

Features of the Latest Land Acquisition Bill and Rehabilitation Policy...........................16-18

Amending Retrograde Laws......................................................................................................19Conclusion ...............................20

References.21


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LLIISSTTOOFFAABBBBRREEVVIIAATTIIOONNSS&&AACCRROONNYYMMSS

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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OOBBJJEECCTTIIVVEESS

The work deals with the topic Acquisition of Land in Tr ibal Areas. The objectives of

the work are the followings:-

1. To study about the history of Land Legislations in India.2. To understand the demerits of the earlier Land Legislations in India.3. To study the problems faced by tribalsduring Land Acquisition.4. To study the Acquisition of Land in Tribal Areas.


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RREESSEEAARRCCHHMMEETTHHOODDOOLLOOGGYY

The method adopted for this work wasanalyticalin nature based on empirical and non-

empirical 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

point to a particular provision of law. Uniform Bluebook (19thed.) citati on format 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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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 injusticecommitted 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 mostcases they havent 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 fargreater 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 smallfarmers 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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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 states exercise of eminent domain, situations can emerge

jeopardising human lives.

INDIANTRIBES

India has the second largest concentration of tribal population, after that of the African continent.

Tribals are generally called Adivasisimplying 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

Scheduled Tribes. They are notified as Scheduled Tribes (STs) by the President of India under

Article 342 of the Constitution. The first notification was issued in 1950. Characteristics like the

tribes primitive traits, distinctive culture, shyness with the public atlarge, geographical isolationand 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


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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 theFifth 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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predominant purpose of any acquisition of land by the government has remained public

welfare which can be development related activity orconstruction 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 purposeis 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 they 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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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 two-

and-a-half acres, whichever is lower (this is higher than in the case of non-SC/ST affected

families)


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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

occurred inspite of the Supreme Courts judgment in Samatha v. State of Andhra Pradesh1,

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 Employees Union v. Union of

India2,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 theillusionary

impression that displacement of tribals must be taken for granted whenever developmenttakes

place. A better and more accurate phrase would be: Displacement in the Name of

Development.

1(2005) 8 SCC 867

2(2006) 5 SCC 987


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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 Tatas Nano car in Singur, in which997 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 psychological 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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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 andpollution. Chandra Bhushan, 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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Seven percent of the countrys 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 countrys 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 by 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 SECLs expense.


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One-fifth of the countrys 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 worlds 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

by the authorities suffer from illegality.3

In Bhaiji v. Sub-Divisional Officer,4 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

3Parwati v.Munna and others, 2011 (1) CGBCLJ 179.4(2003) 1 SCC 692.


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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 purposeand 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. Thishas 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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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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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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Limited, one of the worlds 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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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.

REFERENCES:

LEGISLATIONS:-

The Constitution of India, 1950. The Chhattisgarh Land Revenue Code, 1959.


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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 BALCOEmployeesUnion v. Union of India, (2006) 5 SCC 987

BOOKS:-

Gandhi, M.K., The selected works of Mahatma Gandhi: Satyagraha in South Africa(1968).

Jindal, M.L., M.P./ Chhattisgarh Land Revenue Code, 1959, (4thed. 2006) RajkamalPublications, Indore.

Thakur, D. & Thakur, D.N., Tribal Development and Planning(2nded.2009), Deep &Deep Publications, New Delhi (1994).

WEBSITES:-

www.books.google.com www.indianchristians.in www.tribal.nic.in www.vedamsbooks.com
http://www.books.google.com/http://www.tribal.nic.in/http://www.vedamsbooks.com/http://www.vedamsbooks.com/http://www.tribal.nic.in/http://www.books.google.com/

acquition of land in tribal areas - cglrc

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