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Critique: Compensation and R&R Current Issues and Proposed Reform

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| Compensation and R&R: Current Issues and Proposed Reform | A Critique |

Manish Gupta
Roll No 13 |

Current Issues and Proposed Reform

The current Resettlement & Rehabilitation policy has set a very high threshold of 500 families or more together in plains and 250 families together in hills, Desert Development Programme (DDP) blocks, and the areas which have been mentioned in Schedule V and Schedule VI of the Constitution of India. This high threshold fails to capture the cases in which the family number is not as high as 500 in plains or 250 in cases of hills. This high threshold totally defeats the purpose of the Resettlement & Rehabilitation policy as it will still cause the families to be traumatized due to loss of land and in most of the cases, means of the livelihood and social status of the families. In Indian society, the families having land have always enjoyed a higher social status than the ones having less or no land at all. Displacement from the land also may result in the families losing the same society of people in which they have been living in prior to land acquisition. The Resettlement & Rehabilitation policy also failed to put stress on an option that causes non-displacement or minimum displacement for the execution of the project for which the land has been acquired from the landowners. The Resettlement & Rehabilitation policy also did not make any provision for prior assent of the affected people before forced displacement caused due to the land acquisition. Also, the policy missed on creating any provision for evaluation of the social, economic, cultural or demographic impacts of the intended project due to which forced involuntary land acquisition took place. The current policy also failed in providing enough provisions to ensure income safety for the displaced families and the procedure itself to do the same is not the most transparent and encouraging people to participate at various stages of its execution. The Resettlement & Rehabilitation policy totally missed out on the point of the betterment of the living standards of the displaced families after their resettlement. Also, the scope of the land acquisition cases was very limited and there was a great need to take up cases of forced displacement, permanent in nature arising due to other lawful reasons. The policy also failed to offer the evaluation of the attractiveness and excusability of the intended projects and estimation of best possible piece of land to be acquired. Also, the policy did not recommend any specific time limit for closure of the Resettlement & Rehabilitation policy activities, employment of bought land, and clearance of surplus land acquired. The policy also does not give any specific provision to deal with the interests of the susceptible sections of society such as the Scheduled Castes (SCs), Scheduled Tribes (STs), women, destitute, etc. Moreover, no effective mechanism is provided by the Resettlement & Rehabilitation policy for speedy redressal of grievances.
Select Outstanding Issues in Compensation and R&R

Despite the firsts used till now in dealing with reimbursement and R&R issues, through a inclusive National R&R Policy and the improvement made with the twin Land Acquisition Act (Amendment) Bill, 2007 and R&R Bill, 2007, numerous issues and obvious incompatibilities in the Bills have come to light. These outstanding problems, if not suitably handled, might beat the whole reason for which the policy has been made. The major issues that need immediate attention are as follows:
Applicability Provision

The affected families entitled for R&R reimbursement are recognized on the date of announcement of the acquired area. This announcement is only made in the case of 400 or more families are displaced together in plain areas or 200 or more families in tribal or hilly areas. No clear indications have been provided, if the displaced families are less that in case of plains or 2oo in case of hills. Also, the differentiation between the process for large-scale shift and when lesser number of families are shifted.
Disconnect between Objectives and Provisions of Bill

While the declaration of matter and Reasons mentions least displacement, protecting livelihoods, and improving living standards, it is nowhere mentioned in the whole bill specifically as mandatory in language in the Bill. Jurisdiction

The Bill makes it necessary that the Government appoints an investigator/collector to deal with any rehabilitation issues and the civil courts are excluded from having authority on any matter in these cases. The collector is authorized to discard any requests associated to R&R. However, the bill totally missed out on laying the criteria for the selection of an ombudsman, and even if he is required to hold judicial training or practice.

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