LAND LAWS

b Mrudula Ilapakurthy

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Submission ID: 1497681749
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DISPLACEMENT OF TRIBALS IN POLAVARAM By

Name of the Student: MRUDULA ILAPAKURTY

Roll No.: 2016062

Semester: LX

Name of the Program: 5 year (BA, LL.B./ LL )

Name of the Faculty Member: Aravind Nath Tripathi

Date of Submission:

19,74KmArt610

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA, SABBAVARAM,

VISAKHAPATNAM — 531035, ANDHRA PRADESH

TABLE OF CONTENTS

1 INTRODUCTION 4
2 UNDUE DELAY 4
3 DISTRESSED TRIBALS AND THEIR DISPLACEMENT 5
4 GROSS BREACH OF FOREST RIGHTS ACT PROVISIONS 5
5 CORRUPTION OF A COLOSSAL PROPORTION 6
6 UNDERSTANDING INDIGENOUS GROUP PROPERTY OWNERSHIP IN SCHED-

ULED AREAS 7
7 STATUS QUO .8

8 LARR,ACT 9

9 CONCLUSION .11

10 BIBLIOGRAPHY 12
INTRODUCTION;

In an age where our society and polity increasingly cries out for instantaneous solutions to complex

social, economic and governance-related problems, a word of caution is in order. Forced displacement by

development projects is occurring around the world at increasing rates. While some institutions have

adopted detailed policies to guide resettlement efforts post-displacement, those forcibly dis-

placed by development projects continue to experience intense impoverishment and increased mar-

ginalization. Looking to develop new pathways forward to mitigate the negative impacts of develop-

ment-caused forced displacement and resettlement, resettlement researchers and practitioners met for a

conference in the Hague in October 2010. The conference interrogated current involuntary resettle-

ment policies, examined the pitfalls and gaps between policy theories and implementation and began to

develop a new framework for displacement and resettlement research, in which i posed develop-

ment-caused displacement is analysed through the lens of both social justice and human rights. Forced

population displacement, whether from development, conflict or environmental disasters, is more than

just physical relocation from one area to another; it destroys people's lives physically, economi-

cally, socially and culturally. Displacement shatters communities' social structure and leaves those

displaced increasingly vulnerable to impoverishment for generations to come. In particular, an esti-

mated 15 million people every year are left destitute by development-caused displacement, which

occurs every time a project's 'right-of-way' is prioritized over the local population's 'right-to-stay'.

The Polavaram Project is a multi-purpose national irrigation project under construction on the Go-

davari River in the West Godavari District and Andhra Pradesh's East Godavari District. The project

has been given national project status by the Union government of India and is the last to be granted

status. Its backwater reservoir stretches to the Diunmugudem Anicut (i.e. about 150 km from Polav-

aram reservoir on the main river side) and about 115 km on the side of the Sabari River. It is situated in

Rajamahendravaram District, 40 km upstream from the Sir Arthur Cotton Barrage and 25 km from

Rajahmundry Airport. Water then extends back into areas of the states of Chhattisgarh and Odisha. As

the reservoir covers the popular Papikonda National Park, Polavaram Hydro Electric Project(HEP) and

National Waterway 4 are under construction on the left side of the river, it gives a big boost to the

tourism sector in Godavari Districts.

In July 1941, the former Madras presidency mooted the first conceptual plan for the project. The

first survey of the project site was carried out by Diwan Bahadur L. Venkatakrishna Iyer, then Chief

Engineer in the irrigation department of the Presidency, and made a definitive proposal for a reservoir at

Polavaram. Through this project, Sri Iyer not only envisaged cultivation of 350,000 acres (140,000 ha)

over two crop seasons, but also planned a hydroelectric plant of 40 MW within the project. The project

was projected to cost Rs 129 crore when it was conceived in 1946-47.

Tanguturi Anjaiah, the then Chief Minister of Andhra Pradesh, laid the foundation stone for the pres-

tigious irrigation project of Polavaram in 1980. In 2004, the year Y. With the approximate cost of

8,261 cr, S. Rajasekhara Reddy performs bhoomi pooja and the administrative penalty for the building of

right and left canals was given at a cost of Rs 1,320 crore and Rs 1,353 crore respectively.'

DELAY IN CONSTRUCTION

After decades of delaying the construction of the main Polavaram Dam irrigation scheme, under the

next successive N administration, construction began. Naidu of Chandrababu. After the 2014 elec-

tions, N. Chandrababu Naidu, then Chief Minister-elect, declined to be sworn in until the Centre

released an order merging seven Khammam district mandals with divided Andhra Pradesh, claiming

that only then will the polavaram be completed in the future without further delay. In May 2014, the

Polavaram Project Authority was established by the Union Cabinet. By resolving court petition issues of

farmers who lost their agricultural lands from both districts of West Godavari and Krishna, the Naidu

government acquired the complete lands required across the right canal and launched the Pat-

tiseema Lift Irrigation Project to pump the water at Godavari river and ship to Krishna river. In June,

under the Andhra Pradesh Reorganisation Act, the state was bifurcated. In December 2017,

Transstroy was reported to be seeking a deadline extension and a budget escalation by the project

contractor. In July 2015, Transstroy was reported to have its Rs. 4,300 crore loan transform NPA. In

January 2018, the state government signed a new contract with Navayuga Engineering in June 2018 for

the project spillway, spill channel and stilling basin concrete work, 1,10,355 acres of The Polav-

aram diaphragm wall was completed on June 11, 2018, marking a major milestone in the construction of

the project. On January 7, 2019, Navayuga Engineering added the Polavaram project in Andhra

Pradesh to the Guinness Book of World Records by pouring 32,100 cubic meters of concrete in 24

hours. The project beat Abdul Wahid Bin Shabib, RALS Contracting LLC and Alfa Engcurrent's

record of 21,580 cubic meters. Consultant (all UAE) in Dubai between 18 and 20 May 2017. On 24

December 2018, Andhra Pradesh Chief Minister N. Chandrababu Naidu unveiled the first crest gate of

the Polavaram project, while the overall project status leads to 70 percent completion in May 2019.

DISPLACEMENT OF TRIBALS AND THE SURROUNDING DISTRESS

First, under the pretext of an irrigation scheme, you take away fertile lands from tribal families and

displace them, and then, as compensation, move them to areas where land is not fertile and they have no

means to eke out a living. The Indira Sagar (Polavaram) Dam project in Andhra Pradesh has so

AP govt sets 40-month deadline for Polavaram hydel project

far been the same story of growth at the expense of tribal rights. The National Commission for Sched-

uled Tribes (NCST) recently directed the state to provide the tribals affected by the project with cul-

tivable fertile land, livelihoods, enhanced compensation packages and proper housing?

Andhra Pradesh has been directed by the NCST to enhance the resettlement and rehabilitation of

55000 tribal families displaced by the project, the largest tribal displacement by a single development

project in India. The order comes after field visits were carried out by the NCST earlier this year

following demonstrations by leaders of social organizations.

The Godavari River Polavaram project, which is expected to supply 291,000 hectares of land with

irrigation and 540 villages with drinking water, will displace more than 300,000 people from 10,000

acres of forestland and 121,975 acres of non-forest land, including 150,000 adivasis and 50,000 dalits. It

has long been criticized for its immense environmental costs. According to official figures, the

Polavaram reservoir would have submerged a total of 117,065 acres of land. Of this, 3,838 ha of

prime forest land will be submerged indefinitely.

VIOLATION OF PROVISIONS OF FOREST RIGHTS ACT

NCST discovered during visits to villages that, on rugged terrain and with little or no water, alterna-

tive land provided to tribals instead of acquired land is non-cultivable. The Commission has ordered the

State Government to implement the 'land for land' policy to the fullest extent and to provide land

suitable for agriculture within the Polavaram project's command area.

The Commission also noted that many of the tribals dependent on minor forest production have been

uprooted and relocated to places where no livelihood is possible. Andhra Pradesh, which completed

56% of the programme, was asked to provide alternative livelihoods and to focus on the quality of life

in resettlement settlements.

On 17 and 18 April, the villages affected by this multipurpose project were visited by a fact-finding

committee consisting of organizations such as the National Alliance of People's Movements (NAPM),

Adivasi Sankshema Parishad, Human Rights Forum and others. "without settlement of forest rights of

thousands of adivasis as per the Forest Rights Act (FRA), 2006, and the Land Acquisition and

Rehabilitation (LARR) Act, 2013"without the settlement of thousands of adivasis' forest rights under

the Forest Rights Act (FRA), 2006, and the Land Acquisition and Rehabilitation Act (LARR), 2013.3

The villagers of Upperu, Koida, Tekupalli, Parentalpalli, Kathkuru and Tekuru complained that even

today their individual forest land claims, checked and submitted by the Forest Rights Committee

under the FRA, 2006, were not recognized by the district administration. The status / decision on

2
Indirasagar (Polavaram) Project, Ministry of water resources , GoI
3
WWW.adb.org
these claims, which is also mired between Andhra Pradesh and Telangana in administrative and ju-

risdictional issues, is not clear.

ROTTENNESS OF A PRODIGIOUS PROPORTION:

The team noted that the government is keen on disbursing monetary compensation "which increases

the scope for corruption and swindling of those who are not familiar with the market economy" in-

stead of providing land as per the LARR Act, 2013.

"Prafulla Samanta of NAPM says, speaking to Down To Earth, about his observations after visiting

the sites, "This project has unfortunately allowed corruption to make inroads into the region. When we

visited the villages, people complained to us about the "transfer" of large chunks of their reim-

bursement money to the accounts of local politically powerful individuals and their associates." Ac-

cording to the fact-finding team's 17-page report, "a nexus of village revenue assistants, revenue and

land acquisition officers actively facilitates this scam and manipulates revenue recovery. If created,

corruption here is likely to run into crores.'4

Calling the project a fraud of immense proportions, every move is rife with corruption from the mo-

ment the land is purchased until the time the displaced people are resettled. To rehabilitate the adivasis,

you can see the houses being designed. The homes, according to the study, fully neglect the lifestyle of

adivasis and rural communities living in harmony with animals, forests and nature. They can hardly

accommodate two people.

When presented with facts, the fact-finding team has noticed a disturbing pattern of corruption

charges being brushed as 'rare cases' aside. "The Governor should play a very proactive role in a

project of this scale, where the lives of thousands of adivasis are to be irreversibly and adversely

affected, along with the Tribes Advisory Council, and ensure that 'peace and good government' does not

remain mere constitutional rhetoric in the Scheduled areas, but is translated into reality," the report

suggested.

On finding that, considering a large number of grievances of different nature, the State has not created an

efficient system "for prompt and fair grievance redress at the district and mandal level," the NAPM, in a

letter to the NCST dated May 17, urged the Commission to constitute a high-powered multi-

member judicial commission "to initiate a comprehensive investigation into the entire land acquisi-

tion process"

UNDERSTANDING INDIGENOUS GROUP PROPERTY OWNERSHIP IN SCHEDULED

AREAS:

4
https://www.thehindubusinessline.corril
Main results from a Land Rights Initiative report at CPRR

While only 8.2 percent of the total population, 55 percent of the people displaced after independence

because of the building of dams, mines, industrialization and the establishment of wildlife parks and

sanctuaries are the Scheduled Tribes (ST). Poverty and landlessness among the STs are rampant. 51

percent of all STs are below the poverty line, compared with 40.2 percent for the national average, and

according to the 2011 Census, 65 percent of the STs are landless. Therefore, obviously, the strain of

economic growth has been overwhelmingly carried by this community.

This, notwithstanding the fact that the Fifth and Sixth Schedules of the Indian Constitution provide a

distinct legal and administrative structure within the jurisdiction of India for certain specified tribal

majority areas. In ten tribal minority states within peninsular India, including Andhra Pradesh, Tel-

angana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa,

and Rajasthan, the Fifth Schedule designates tribal majority regions. In north-eastern states, including

Assam, Meghalaya, Mizoram, and Tripura, the Sixth Schedule designates certain tribal majority re-

gions. Of these, the tribal majority states are Meghalaya and Mizoram.

This raises the question as to why, considering the presence of special statutory and legal protections to

protect tribal land rights, as well as special affirmative action provisions, the STs appear to be the most

displaced, the most vulnerable, and the most marginalized of all classes in India. The CPR Land Rights

Initiative project on 'Land Rights in the Scheduled Areas of India' seeks some tentative an-

swers to this issue through archival and field study in the states of Gujarat, Andhra Pradesh and Tel-

angana.

Primary observations:

There was no details in the Scheduled Areas on the size of the geographical area. The Initiative has

estimated that 10.5 percent of all India's geographical area falls within the Scheduled Areas, based on

comprehensive 2011 census village and district level data mapping.

Based on statistics available with the Initiative from the 2011 Census, while the Scheduled Areas

were declared tribal majority areas, about 30 percent of the population of the Scheduled Areas today is

tribal on average. That is, in fact, due to the continuous displacement of the tribals, the declared tribal

majority areas are tribal minority areas today.

The Scheduled Tribes are pitted against the prevailing mainstream of Indian society in all three nar-

ratives of development, representation, and rights to land. The inequality of influence between the

tribals and mainstream society needs both security legislation and a strong state that is able to defend

the Scheduled Tribes.

In the Fifth and Sixth Schedules, the special protective clauses cannot be used in a vacuum, but must be

seen against the context of an opposing legislative framework of land acquisition, forestry and
mining legislation, in which the State deliberately displaces and encourages the removal of tribals

from the Scheduled Regions.'

Protective legal regimes often struggle because of inadequate budgetary allocations for their enforce-

ment and aggressive subversion or the administration's confusing implementation of the regimes.

PRESENT SCENARIO:
Over the past few months, the National Commission for Scheduled Tribes has been very positive. The

central government has succeeded in removing directives that it considers "diluted" tribal rights,

requesting states to return "unfairly acquired tribal lands," and reminding governors of their ability to

defend Adivasis. Speaking to Scro11.in, the secretary of the commission, Raghav Chandra, discusses

why Adivasis are unhappy with the projects coming up on their land in many areas of the world and

how the commission has come to play a central role in Adivasis problems. The excerpts:

Adivasi groups are demonstrating against the seizure of their land for construction projects in many

areas of the country. What is causing so many controversies over Adivasi property, exactly?

The root cause of these issues is that, at the crucial stages of project growth, sufficient caution has not

been practiced. And the villagers' long-term priorities that are impacted by such ventures have not

been credibly analyzed, credibly diagnosed and credibly discussed, let alone resolved. There is a state

of mistrust as a result of this. There's scientific support for this. In addition, villagers are not

adequately qualified to be able to handle and predict what their obstacles, issues and concerns will be in

the future. The government, for its part, has not sufficiently considered the long-term environmen-

tal interests of the villagers whose land is to be taken or those who will fall into the project's zones of

control by different proposals. The sector has still not been made aware that if there is a backlash or if

the people who remain in that area are going to be negatively affected, it will be harmful to their long-

term interests. A circumstance has arisen where business has cut corners, fire-fighting is the

government, and people have suffered.6

Last week, the government announced it 'saved' Rs 58 crore on a package of works related to Polav-

aram by going for reverse tendering.

The gross saving, thus, would be over Rs 839 crore on various balance works of Polavaram, the

government claimed on Monday.

The re-tender process comes after the High Court staying the cancellation of Polavaram hydropower

project contract, previously awarded to Navayuga Engineering Company and also the reverse tender-

ing the government planned.

5 Economictirnes.indiatimes.com
6
Bharati; V. U. Smalchtin; B. K. Anand (2009). "Modeling water supply and demand scenarios: the Godavari-krishna
inter-basin transfer, India"
Also, the Centre, which is supposed to provide 100 per cent funding for Polavaram (irrigation com-

ponent) since it has been declared a national project, raised objections over the re-tender process.

However, the irrigation part of the Polavaram multipurpose project will now be further delayed as the

government set a two-year deadline for completion of the head works as per the tender guidelines.

For the hydropower project, 58 months time has been given to the contractor.

After many revisions, the then TDP government set June 2020 as the final deadline for Polavaram

(irrigation component),but it will now stretch at least till November 2021 as the works, stalled for

over six months now, are expected to be resumed only in November.

On August 1, the state government issued a termination notice for pre-closure of works awarded to

Navayuga Engineering Company for execution of head works of the project and decided to call ten-

ders afresh for selecting a new agency.

This was based on the recommendation of a high-level expert committee constituted by the Y S Jagan

Mohan Reddy government as the Chief Minister declared his intention to cancel the contract and go

for reverse tendering, alleging large-scale financial misappropriation by the previous Chandrababu

Naidu regime.

On August 17, fresh bids were called for the Polavaram head works (balance portion) and the hydro-

power project with Rs 4,987 crore as the initial benchmark price.

Infrastructure major Megha Engineering and Infrastructure Limited remained the lone bidder for the

works when the price bid was opened on Monday afternoon and it quoted Rs 4,359.11 crore.

"On a pro rata basis, this a saving of Rs 223 crore on head works and Rs 557 crore on hydro project.

Since only one bidder has participated, there is no provision for initiating the reverse tendering pro-

cess," Polavaram project Chief Engineer B Sudhakara Babu said.

In a letter to the Water Resources Department Special Chief Secretary Adityanath Das, Sudhakara

Babu suggested that the contract be awarded to Megha upon review of technical and commercial

qualification criteria.

L , Act:

The Equal Fairness Reconstruction Relocation

known as the the govern-

ing the of land setting process guidelines the of compensa-

tion, concerned provides for equal

compensation to those whose property is taken away, provides for accountability in the process of
purchasing land for the development of factories houses, infrastructure projects and guarantees that

those affected are rehabilitated. The Act creates rules pub-

lic-private partnership driven industrialization push. The Act repealed statute

passed under Purchase Act, 1894.

The Government of India claimed that there was greater public interest in India over land acquisition

problems. f particular concern was the lack of a coherent national legislation addressing equal com-

pensation property I purchased overy

impacted by notwithstanding several

.7
the Indian
appropriate, inevitably concurrently accompanied government purchase of land for

public purposes, constitutionally requiring reconstruction and resettlem t.

Art 19( I)(f) was omitted by the Forty-Fourth Amendment Act of 1978, effect 11

Since then, freedom stripped except II legal

been I constitutional MI. "No person shall be deprived of his property saved by authority of law"

longer atural legisl e case

violation, redress open

and not the Supreme Court under Article 32 of the Constitution.

In addition, no one can question the reasonableness of the limitation enforced by any statute made by

the legislature to deprive the citizen of his land!

The State must pay fair value compensation for the ground, house or construction gained (

the ), which en decisions

where the IN to property constitutional right'. In other places,

constitutional prop-

erty was repealed "justice"

aims "equality of status and of opportunity" formation

://ili.ac.in/
argued erm "Compensation" used ) meant maxi-
mum , i.e. v. • Legislature shall " compen-
sation,
9 Polavaram project will spell doom for tribals: Human Rights Forum"
Resettlement and recovery

The Act provides for land owners:

The Right to fair compensation and transparency in Land acquisition, rehabilitation and Resettlement

Act, 2013 is an Indian parliament Act that regulates land acquisition and laid down rules for granting

compensation, rehabilitation and resettlement to the people affected in the acquired regions. This Act

provides for fair compensation and demands transparency in compensation mechanism, which is a

replacement for the Land Acquisition Act, 1894 enacted during the British era_

an recognize intrinsically, and seek

authoritative restrictions by the govern-

ment. This dissertation aims at understanding the bridges required to fill in the gaps of communication

between the affected persons and the State to ensure social and economic justice to all, to theoretically

understand the concept of Eminent domain, to critically examine the compensation mechanism under the

Law, and to examine the standards of procedure established in comparison with other select com-

mon-law countries. This dissertation sets on understanding certain terms such as 'consent', 'public

purpose', ' additional benefits' as such, and focuses on answering certain questions such as 'whether the

compensation mechanism adopted in the Act is fair and reasonable', 'what are certain deficiencies in the

Act that are subjected to administrative oversight'. 'whether the consent is sought appropriately or

whether there is coercion involved' etc.

"The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Reset-

tlement Act, 2013 is an Indian Parliamen ct that promulgates the law and rules therein regarding

land acquisition, institutional mechanism

aggrieved I such deliver

people , to in acquiring land or buildings, infrastruc-

tural projects undertaken by the to ensure the

people. entice industriali-

zation

For the first year, an additional subsistence payment of —38,000 (US$800) will be an extra employ-

ment entitlement to the family member, or a payout of $5.00,000 (US$11000) up front, or a monthly

annuity of $24,000 (US$550) per year for 20 years with inflation adjustment-the moral right of the

concerned landowner family, not the land acquirer, is the alternative of all three options.
-an annual upfront freight compensation of —50,000 (US$1,100)

-an extra —50000(US$1,100) upfront relocation allowance

-if the owner of the property loses a house in a rural area, then the additional right to a house of not

less than 50 square meters in a plinth area

-if the property is purchased for urbanization, 20% of the created land would be reserved and sold to

land-owning households, at a price equal to the cost of purchase plus the cost of subsequent develop-

ment, in proportion to the d acquired.

-if the property purchased growth, valued must

has been

alluded to above

families of the planned planned would certain

under inhabitants, about 22 per cent of its

total population, covered and listed as SC/ST. The supplemental benefits suggested for these families

include:

-a supplementary land grant of 2.5 acres per family affected

-an extra Rs 50,000 (US$1,100) support

-free land for social and group events and special benefits of Schedule V and VI along with many

other forms of compensation.

The only problem is that the compensation doesn't reach the affected people, and resettlement is not

nsy.
& RESETTLE-

MENT

Neg-

ative
 ❑ Pub-

lic

Commis-

sioner

Ac-

quisition Noti-

fication

Pro-

ceedings

PROVISIONS OF REHABILITATION AND RESETTLEMENT UNDER RFCTLAR&R ACT, 2013

Under Section 31, the Collector shall pass Rehabilitation and Resettlement Awards for each affected

family in terms of the entitlements provided in the Second Schedule.The Rehabilitation and Resettle-

ment Award shall include all of the following, namely:—

(a) Rehabilitation and resettlement amount payable to the family;

(b) Bank account number of the person to which the rehabilitation and resettlement award amount is to

be transferred;

(c) Particulars of house site and house to be allotted, in case of displaced families;

(d) Particulars of land allotted to the displaced families;

(e)Particulars of one time subsistence allowance and transportation allowance in case of displaced

families;

(f) Particulars of payment for cattle shed and petty shops;

(g) Particulars of one-time amount to artisans and small traders;

(h) Details of mandatory employment to be provided to the members of the affected families;
(i) Particulars of any fishing rights that may be involved;

(j) Particulars of annuity and other entitlements to be provided;

(k) Particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided.

Under Section 32, in every resettlement area, the Collector shall ensure the provision of all infrastruc-

tural facilities and basic minimum amenities specified in the Third Schedule. Under Section 35, the

Collector shall have powers to summon and enforce the attendance of witnesses and to compel the

production of documents by the same means, and in the same manner as is provided in the case of a

Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). Under Section 36, the appropriate

Government may at any time before the award is made by the Collector under section 30 call for any

record of any proceedings for the purpose of satisfying itself as to the legality or propriety of any

findings or order passed or as to the regularity of such proceedings and may pass such order or issue

such direction in relation thereto as it may think fit (Provided that the appropriate Government shall not

pass or issue any order or direction prejudicial to any person without affording such person a

reasonable opportunity of being heard) Under Section 37, the Collector declares the final award

(1) The Awards shall be filed in the Collector's office and shall, except as hereinafter provided, be

final and conclusive evidence, as between the Collector and the persons interested, whether they have

respectively appeared before the Collector or not, of the true area and market value of the land and the

assets attached thereto, solatium so determined and the apportionment of the compensation among the

persons interested.

(2) The Collector shall give immediate notice of his awards to such of the persons interested who are

not present personally or through their representatives when the awards are made.

(3) The Collector shall keep open to the public and display a summary of the entire proceedings

undertaken in a case of acquisition of land including the amount of compensation awarded to each

individual along with details of the land finally acquired under this Act on the website created for this

purpose.

shall take possession of land after ensuring that full payment of compensation as

well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a

period of three months for the compensation

 Under Section 40 there are Special powers in case of urgency to acquire land in certain cases.—

(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no

such award has been made, may, on the expiration of thirty days from the publication of the notice,

take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in

the Government, free from all encumbrances.

(2) The powers of the appropriate Government under sub-section (1) shall be restricted to the mini-

mum area required for the defence of India or national security or for any emergencies arising out of

natural calamities or any other emergency with the approval of Parliament.

Under Section 42, Reservation and other benefits available to the Scheduled Tribes and the Scheduled

Castes in the affected areas shall continue in the resettlement area.

Whenever the affected families belonging to the Scheduled Tribes who are residing in the

Scheduled are relocated outside those areas, than, all the statutory safeguards, entitlements and

benefits being enjoyed by them shall be extended to the area to which they are resettled

regardless of whether the resettlement area is a Scheduled Area or not.

ID Where the community rights have been settled under the provisions of the Scheduled Tribes

and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007),

the same shall be quantified in monetary amount and be paid to the individual concerned who

has been displaced due to the acquisition of land in proportion with his share in such commu-

nity rights

, implemen-

tation

CONCLUSION:
 While the government is plagued by accusations of corruption in the land acquisition, recon-

struction and resettlement (LARK) operations of the Polavaram Scheme, a study prepared by the

National Commission of Scheduled Tribes (NCST) made important observations on the problems

faced by citizens belonging to scheduled tribe groups due to inappropriate rehabilitation and resettle-

ment. The report notes that the agricultural-dependent alternative land offered to project affected peo-

ple (PAP) is in many cases not cultivable and that many landless people have been deprived of their

livelihood after rehabilitation.

In the report submitted to President Ram Nath Kovind on Tuesday, Dr Nand Kumar Sai, Chairman of

the NCST, says, "It has been informed that in many cases the alternative land given to them (PAP) is not

cultivable in place of the acquired land." Either it is rugged terrain or there is no water." The

Commission proposed that the state government include land suitable for agriculture and provide

adequate irrigation facilities for displaced families (PDFs) and PAP.

The Commission also observed that many landless tribals who depend on forests for their daily bread

have been stripped of their livelihoods. "By providing alternative livelihoods, the state government

must take care of them," the study said.

The recommendations were made after field visits to the project site by NCST representatives in the last

week of March and meetings with Chief Minister N Chandrababu Naidu and other state officials. The

Commission has recommended that the government, taking into account the findings and modal-

ities introduced by the Supreme Court in the Special Leave Petition in the case of Mahanadi Coal-

fields Ltd v. Mathias Aram and others, amend the payout packages on a suo-moto basis. With the

completion of the reverse tendering for Polavaram project, the State Water Resources department has

informed the Union Jal Shakti Ministry of the outcome of the process. The State officials presented to

the ministry the details of the savings done in both irrigation and hydel projects by going for reverse

tendering.

Special Chief Secretary (Water Resources) Adityanath Das along with State officials met Union Jal

Shakti Minister Gajendra Singh Shekhawat and Union Secretary of Water Resources UP Singh in

New Delhi on Wednesday and maintained that it saved a total of Rs 838.53 crore through reverse

tendering -- Rs 5833 crore in package 65 (awarded to Max Infra India Ltd), Rs 223 crore in irriga-

tion headworks and Rs 557 crore in hydel power plant. The Special Chief Secretary informed them

that the department is awaiting the orders of High Court as Navayuga Engineering Company Ltd

(NECL) filed a petition challenging APGENCO's decision to terminate its contract.

The State officials briefed the Union minister and secretary on the status of the reverse tendering and

that an appropriate decision will be taken as per court's directive," a senior official said.
It may be recalled that the court had issued an interim stay, as prayed by NECL, on the process of
entrustment of the hydel power plant to another agency. The APGENCO too filed a petition request-
ing that the interim stay be quashed. Both the pleas are under the consideration of the AP High
Court.

In the past, the Union ministry is learnt to have recorded the details and asked the State to furnish
more details as and when available. In the past, Jal Shakti Minister Shekhawat, the ministry and Po-
lavaram Project Authority (PPA) had cautioned the YSRC government against reverse tendering as it
may lead to delay in project execution and that there was no guarantee that the cost would come down.

While the minister expressed concern in Parliament, the PPA held an emergency meeting and wrote a
letter advising the State against going ahead with its plan. However, the State government issued a fresh
tender notification on August 17.

Govt to go ahead if court order takes longer time

Sources said that if the decision of the court takes longer time, the Water Resources department may go
ahead with awarding the works to Megha Engineering and Infrastructure Ltd (MEIL), the only firm
which participated in the bidding and quoted Rs 628.43 crore lesser than the estimated contract value
(ECV) of Rs 4,987.55 crore for both the projects. For irrigation headworks, it quoted Rs 223 crore
lesser than the ECV of Rs 1,771.44 crore. The government, even though clubbed irrigation and power
plant works while tendering, had planned to have separate contracts for both of them. "So, if there is
more delay than expected, since we want to resume the works by November, we will give work order
for irrigation component first. Once the court gives orders on power plant, we will take a decision
accordingly," the official elaborated

Other suggestions:
I Focus on the development of schools, hospitals, stadiums, etc.
2 Houses devastated by flooding should be quickly repaired.
3 R&R works must be discharged from a single authority point
4 In order to provide job options for the affected, the State should consider expanding the in-
dustrial estate/hub adjoining the resettlement area.
"The Commission believes that the ST people affected by the Polavaram Irrigation Project will be
helped by a similar scheme," it said.
When granting tribal compensation, the policy of 'farm for land' should be pursued to the fullest extent

possible, the Commission said. "A ceiling of 2.5. in this respect. In the case of ST residents, acres of
land should be waived, and equivalent or at least 2.5 acres of land should be given within the Polav-

aram Irrigation Project Command Area, the letter reads.

The Commission also recommended that the Government of the State ensure the completion of the

R&R works and the payment of compensation at least four months before the submergence or com-

missioning of the project or dislocation, whichever is sooner.

We recognize that the recovery and relocation authorities involved will be relocated to other roles

after the scheme is physically finished and impacted persons are transported to new locations and it is

possible that the rehabilitated individuals (R and R) will be left to fend for themselves without any

social structure helping them.

Therefore, we highly suggest that a dedicated team of R and R officials should be deployed in the

recovery area to supervise the welfare initiatives for at least five years from the completion of the

programme.' Dr. Nand Kumar Sai, NCST chairman, said.

In an age where our society and polity increasingly cries out for instantaneous solutions to complex

social, economic and governance-related problems, a word of caution is in order. Forced displacement by

development projects is occurring around the world at increasing rates. While some institutions have

adopted detailed policies to guide resettlement efforts post-displacement, those forcibly dis-

placed by development projects continue to experience intense impoverishment and increased mar-

ginalization. Looking to develop new pathways forward to mitigate the negative impacts of develop-

ment-caused forced displacement and resettlement, resettlement researchers and practitioners met for a

conference in the Hague in October 2010. The conference interrogated current involuntary resettle-

ment policies, examined the pitfalls and gaps between policy theories and implementation and began to

develop a new framework for displacement and resettlement research, in which i posed develop-

ment-caused displacement is analysed through the lens of both social justice and human rights. Forced

population displacement, whether from development, conflict or environmental disasters, is more than

just physical relocation from one area to another; it destroys people's lives physically, economi-

cally, socially and culturally. Displacement shatters communities' social structure and leaves those

displaced increasingly vulnerable to impoverishment for generations to come. In particular, an esti-

mated 15 million people every year are left destitute by development-caused displacement, which

occurs every time a project's 'right-of-way' is prioritized over the local population's 'right-to-stay'.
 ▪

BIBLIOGRAPHY;
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Reset-

tlement Act, 2013". 1, Law Street. The Gazette of India. 26 September 2013. Retrieved 2 June

2015.

CD "WAGE RATES IN RURAL INDIA" (PDF). Ministry of Labour and Employment, Govern-

ment of India. 30 March 2010.

ID "Builders call land acquisition bill anti-development". The Times of India. 7 September 2011.

ID G. Haragopal, The Maoist Movement and the Indian State: Mediating Peace, 8 Socio-LEGAL

REV. 113 (2012).

Shibani Ghosh, Demystifying the Environmental Clearance Process in India, 6 NUS LREV.

433 (2013).

111) Julie Koppel Maldonado, A New Path Forward: Researching and Reflecting on Forced Dis-

placement and Resettlement, 25 J. REFUGEE Stud. 193 (2012).

Devika Mishra, Brazil: Clear Visions and Their Contested Acceptance, 9 GNLU J.L. DEV.&

POL. 105 (2019).

"The New Land Acquisition Act to come into effect from 201e. The Economic Times. 16 October

2013. Retrieved 1 November 2013.

LAND LAWS
ORIGINALITY REPORT

14 % 14% 0% 0%
SIMILARITY INDEX INTERNET SOURCES PUBLICATIONS STUDENT PAPERS

PRIMARY SOURCES

1
rotiodisha.nic.in
Internet Source 8%
2
en.?ikipedia.org
Internet Source 5%

Exclude quotes On Exclude matches < 5%

Exclude bibliography On