Parl panel flag violations in land acquisition
Underhanded techniques, such as using forged signatures to manufacture consent, remained a key focus of the panel, which discussed land acquisitions for infrastructure development and industrial purposes, such as for mining bauxite and iron ore, without the mandatory clearances of gram sabhas.
The committee discussed in depth at least nine cases from Odisha involving serious violations affecting the forest rights of Scheduled Tribes and Other Traditional Forest Dwellers (OTFDs) in the implementation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013.The Land Acquisition Act and the Forest Rights Act intersect in several cases involving land acquisition in forested areas.
'In the last two-three years, many arbitrary decisions were taken on giving leases for bauxite mining in Kalahandi, Koraput, Rayagada districts and iron ore mining in Sundargarh and Keonjhar districts in Odisha. In all cases, the Land Acquisition Act 2013 was violated, where the governments had forcefully and fraudulently acquired lands across Fifth Schedule areas in the Constitution without the knowledge and consent of gram sabhas,' said a person part of the meeting.
The standing committee recorded oral evidence from representatives of the department of land resources under the ministry of rural development on May 28, as well as from experts and other stakeholders, on the implementation and effectiveness of the Land Acquisition Act. The Act mandates prior and informed consent of the affected families, a social impact assessment before any rehabilitation, and importantly, the protection of the rights of vulnerable groups: members of Scheduled Tribes (STs) and OTFDs.
The committee discussed at least nine instances of such violations across five districts in the state, including in Rairangpur in Mayurbhanj district, where in March this year, 43 tribal families' houses were bulldozed for an airstrip expansion project.
'43 tribal families are living their daily life without proper rehabilitation. The district administration had issued a notice giving one month's time to vacate homes, but within six days of serving the said notice, their houses were bulldozed. A notice was issued to conduct a gram sabha, but it wasn't held. The land in question is grazing land where the villagers have been staying for more than 35 years…PMAY houses were constructed [in that land]…the villagers could have been consulted, and rehabilitation and proper compensation could have been offered till they agreed to shift for the expansion of one Air strip,' said a person part of the meeting, wishing anonymity. The person added that various Members of Parliaments (MPs) also pointed out that gram sabhas' consent was not taken as a norm across the country.
The committee also discussed the fake gram sabhas allegedly held on December 8, 2023, for the diversion of forest lands for non-forest purposes in Rayagada and Kalahandi districts for bauxite mining in 10 villages. Another person part of the meeting said: 'None of villages where gram sabhas were allegedly held had any prior information about the proposals for forest diversion for the bauxite mines. However, we were told that the resolutions were fake, and it was shocking that gram sabhas were allegedly held on the same date and time across all the 10 villages and that the sarpanch or other government officials who have signed in gram sabha documents were also present in ten different places on the same time and date.' Officials present at the meeting told HT that the Ministry of Tribal Affairs had also sent a letter on this issue in March this year to the state government for a thorough examination.
People aware of the matter said that inadequate compensation and rehabilitation under the Land Acquisition Act were also discussed in the meeting.
'The need for an immediate action from the central government for the implementation of all the special provisions under RFCTLARR Act 2013 for the rights of STs and other forest-dependent communities were also discussed,' said another official.
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