Judicial Intervention to revamp the development phase of...

XVII Annual International Seminar Proceedings; January, 2016

ISBN no. 978-81-923211-8-9 http://www.internationalseminar.in/XVII_AIS/INDEX.HTM Page 501

Judicial Intervention to revamp the development phase of India

in analyzing the core impact of Social Impact Assessment

Brij Mohan Krishan Shorey Dr. Nehal A. Farooquee

Ph.D Researcher Director & Associate Professor

SOEDS, IGNOU, SOEDS, IGNOU

New Delhi - 110 068 New Delhi - 110 068

Abstract

Purpose – Many acumen personalities have written the factual state of the development

scenario prevailing in India. The purpose of study is to find the necessity for inclusion of

Social Impact Assessment in The Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 from social and legal point of view.

Design/methodology/approach – This study surveyed has tried to capture the attitude of the

agricultural land owners to understand the root causes of the protests against land acquisition.

The analyses are purely the emotions captured and recorded on paper. The sample includes

survey of 50 land owners in villages Punjab State.

Findings – It is a comparative analysis using most suitable statistical tools of the views;

accepting changes in policy/legal structure for the emerging new face of India with the series

of the protests to revamp the development issues over the decades. Basically the results are

affected due to level of literacy and fear of losing the culture and profession simultaneously.

Research limitations/implications – The study is limited to the sample taken for analysis.

This includes the knowledge level and discern of the Project Affected Persons (PAPs).

Practical implications – The results of the study will help to understand the development

phase of the country in all the communities of the society. Academics and researchers can

make use of it to fill the gap in studies which are not visible from one angle. Intervention of

policy makers is the utmost requirement of decision makers for the entire judicial framework.

Originality/Value – It is probably be the first attempt to measure the emotions for the land

acquisition cases on the basis of their knowledge, awareness and literacy level; presenting it

after comparing the role of PAPs, Land buyers/sellers and Government policy procedures.

Keywords – Agriculture, Displacement, Land Laws, Urbanization and Social Impact

Assessment.

Paper type – Research Paper


Introduction

Over the centuries, decades and years; ancestors and family person from one of the

household had moved from rural land to the urban land for certain reason, which includes

voluntary and involuntary decision. It is also understood in the prevailing scenario that

society is in dilemma to differentiate myth and reality of land dealings. Citizens of India and

even the Project Affected Persons (PAPs) have limited or even no knowledge about land

acquisition processes, policies, schemes, meaning of public purpose and award of

compensation facts et. al., and especially, also unawareness about value of the invaluable

land available with them. As land holding decides farmer‟s category, its value should hold

status (with the prevailing prices as per area), omitting price variation across the country.

State during the acquisition process does not provide legal opinions to the PAPs, whereas it is

linked to more than ten laws and Acts at Centre and State level. The passion to work after

intensive study and analysis by the ruling government has thought to include these laws with

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement, Act 2013 (RFCTLARR Act, 2013).

In views of the common man and population involved in agricultural pursuits has

forgotten the need for upgradation of economic status to build socio-economic status, culture

of society with the protests that had occurred across the country in past. The change stepping

from Land Acquisition Act 1894 (in between Land Reforms) to RFCTLARR Act 2013, 2014

(Amendment) Ordinances and the decisive step by the government on 31.08.2015 seems to

be socio-political this time. Land acquisition for imminent purposes directly having impact

over economy and infrastructure in developing countries cannot be denied. Other side its

impact on the livelihoods and their profession cannot be overlooked.

“Issuance of notification of land for private and public purpose” will either fill gap in

life of agriculturalists or in political moves. LARR Act has left various questions unanswered

like consent of land owners, Social Impact Assessment (SIA) and acquisition of arable land.

Instead of dialogues and promises like paraclete, a conversation is needed to balance the

socio economic status and rights of the food provider.

A thought for Best practices emerges after acquisition/displacement. Why it does not

appears as best practice in land acquisition process? Study results and analysis of Acts and


Policies on land have lead to factual answers. Resurrection will take effect, while the

elemental approaches forcing in form of protests; for the well being of farmer‟s society.

The fact well is that the land available for cultivation is the dearest source for

professional income to a cultivator. Cultivable land is the prime asset of a farmer which

meets the foremost requirement of his job. It seems to be the decisive order of God and the

Almighty that the word land itself describes as „Land Acquisition Notification and

Displacement‟ (LAND).

Psychological pressure over the fear of losing land ownership over the country has

created a controversial image of the RFCTLARR Act, 2013 among the land owners and

ruling Government. It has ever happened in developing countries, however it does not

indicate for the non-procedural activities prevailing in the country are good enough for the

development of the nation.

It is evident from the market value of the land that price of the land has been

fluctuating with the changes in the development taking place and pausing of infrastructure

development across the country. During the ruling period of the then UPA Government,

investment in infrastructure slumped in 2011 by almost 52 % i.e. to Rs. 1 trillion from Rs. 2.2

trillion in which most of the drop was in power and telecommunication. Taking further

course of action in balancing the economy whilst the growth get stabled, there is need to find

new sources of funding for infrastructure so that debt levels remained „moderate‟. RBI

Governor Raghuram Rajan has acknowledged a wise message to the nation that building of

the country‟s infrastructure should not come at the expense of financial stability.

Objectives

The objective of this paper is:

To arrange awareness campaign especially for the land owners professionally

involved in agricultural pursuits on land laws and policies.

To have direct interaction between the resettlement & rehabilitation team with the

affected households to record the pros and cons of the Land Acquisition.

To capture the relationship in the rural urban area and changes in land holdings.

On the basis of findings to suggest the methodology favourable for affected families.


Methodology

The present study is on the basis of field visits in Punjab areas. Data collected releases

of Census 2001 and 2011 has been used in analyzing the state of agriculture sector.

Agricultural Census data of 2000-2001 and 2010-2011 has also been used to compare the

fall/rise in land holdings for a decadal comparison as category of the farmers has changed. In

addition to this growth of towns, addition of million plus population cities (from 29 in 2001

to 46 in 2011) reveals the speedy development during the decades. Thereafter 50 households

have been approached to measure their knowledge level about the land laws.

Hypothesis

„Land Acquisition‟ is favorable for some of the households holding big area and that

too at prominent place.

The demand of „Land for Small and Large Projects‟ for the growing population with

the decline in arable land is a sign of worry.

Changes is acceptable but no interfere is acceptable in personal life.

Refined Land Acquisition process may accelerate to best practices in future because

migration as „Agricultural Refugees‟ in urban sector is challenge for job

opportunities.

Accelerating growth of urban sector is also a threat to „Green India, Clean India‟.

Result and Discussion

Virtually the phenomenon development model of growth demands extensive growth

in social and economic areas with the rise of needs from basic amenities to luxurious that all

requires a „Land‟. However, the growth of land is not feasible whereas intensification seen in

social, economic and agricultural development too. Development is a dire necessity today as

desires of a modern man had explored with the impact of urbanization and industrialization.

It is one‟s thought that UPA government did that and NDA is government is doing so.

These all debates are baseless in public discussions having improper knowledge, unless these

Acts with their advantages and disadvantages are discussed at length; before that ideas that

lead to such amendments need to be figured out for accurate analysis in regard to

development of the nation.


Land Acquisition Acts : A Brief Highlights

- Land Acquisition Act, 1894 (LAA, 1894): As per the Act, the government first

publishes a notification (S.4), Hearing of Objection (S.5), Declaration (S.6),

Notice for possession by the Govt. (S.9), Award and Compensation (S.11, 15),

and Govt. taking possession and vesting in government. If any appeals,

governments decision to withdraw from the acquisition (S.48).

Key Point : People are not aware about the compensation to be paid for the

affected period if Government withdraws from the acquisition (S.48)

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement (RFCTLARR) Act, 2013: Additional to LAA,

1894 - Preparation of Social Impact Assessment (SIA). Determination of market

value of land by Collector (four times in rural and twice in urban area),

Rehabilitation and Resettlement Award for affected families by Collector and if

acquisition by private companies, consent of 80 per cent of all land losers; if

public-private partnership consent of 70 per cent land owners required.

Key Point : The National Advisory Council (NAC) has prescribed a seven-point

test for a having a humane legislation on land acquisition and rehabilitation. In

a letter to the government, the NAC chaired by Sonia Gandhi, has suggested a

check list of seven parameters which includes provisions for a rehabilitation

package that is sensitive to the aspirations of the affected people.

RFCTLARR Act (Amendment) Ordinance, 2014: Provision of SIA and

Food Security Safeguards not applicable, Consent clause not applicable for

Defence, Infrastructure, and Industrial Corridor projects etc., and in case specific

period (more than 5 years) has been set for a project, land will not be returned to

the land owners.

Key Point : The LARR amendment ordinance creates a separate category of

projects to be fast tracked and covers industrial corridors, defence production,

rural infrastructure including electrification, housing for the poor and projects

taken up under the Public Private Partnership mode. A report of the

Comptroller and Auditor General of India on Special Economic Zones, tabled

http://agrariancrisis.in/tag/nac/


in Parliament in November last, found that out of 45,635 hectares of notified

lands 38 per cent remained unutilised even after several years of acquisition.

RFCTLARR Act (Amendment) Ordinance, 2015: Land acquisition will be

limited to 1 Km on both sides for Industrial corridor, highways or railway lines;

Compulsory employment to at least one member of the affected family of a farm

labourer, and survey & maintenance of wasteland records.

Key Point : Though Government has agreed for the limitation of the project

extension, but does not seems to be feasible as highways and railway projects

are in progressive mode. Decision for compulsory employment to at least one

member of the family is appreciable.

RFCTLARR Act, 2013: The same will continue with the issuance of order to

include 13 central Acts like National Highway and Railways Acts to extend

benefits to those whose land is acquired under the land law as announced on

31.08.2015.

Key Point : This has given way and extended scope of development of the

nation.

Table 1 : Measurement of Knowledge about Land Acquisition Acts, Policies and its

process.

Questioned on Awareness, like Respondents View

Yes No

1 2 3

Land Acquisition Act, 1894 66.7 % 33.0 %

RFCTLARR, 2013 49.0 % 51.0 %

Land Acquisition Process 55.0 % 45.0 %

Land Pooling Scheme 29.4 % 70.6 %

Source : Field Survey on 50 Households.

The same has been depicted in Figure 1, for instant comparison about the level of

knowledge PAPs whose land has been acquired.


Figure 1

Table and figure 1 above gives the level of knowledge people have whose land has

been and acquired and compensation awarded. More than 50.0 per cent households are aware

of the Land Acquisition Act, 1894 and its process, but limited only to get awarded with the

prevailing market rate for compensation. Out of these 90.0 per cent of the households

accepted the compensation and among the remaining also get on their appeal through the

court.

Data result satisfies if compared with the number of protests that have taken place in

the past. It is also noticeable from the protests held in the past that level of awareness for

which the data collected will change in future. Now the land owners are eager to know the

actual benefits they are supposed to get. Thus may result to open front between Government

and the land owners for the right and justice in future.

Land Acquisition Process: A Social Perception

As regard to the knowledge of society it has been noticed that people are aware only

about the three steps; Notification for Land Acquisition, Award of Compensation and

Displacement thereafter, whereas the descriptive process is added up with more steps. People

usually say compensation can be utilized at better places. It‟s a myth that farmer can


continue his profession at any other place on allocation/purchase of land. However practically

it is not feasible because his dwellings and agriculture site related facilities are not available

at all the places.

Table 2 : Number of Towns in India, 1961 - 2011

Census Year 1961 1971 1981 1991 2001 2011

Number of Towns 2700 3126 4029 4689 5161 7933

Source: General Population Tables, India Statement-3, Census of India 2001 and Primary

Census Abstract Data Highlights, India 2011 (Figures at a Glance)

Note : Above data excludes the Towns declassified and includes the Towns newly added

during the particular Census year.

Figure 2

As table and figure 2 provides the data on number of towns which have increased

over a period of time after independence. The acceleration is seen after the liberalization

period, which raised the demand for rural and urban land for industrial and infrastructural set

up. Highest increase observed in the past decade is also because of the land acquisition cases

too. Impact of infrastructure development is comparable at this stage as there is net increase

of 242 Statutory Towns and 2,530 Census Towns. Increase in figures of Census Towns from

1,362 to 3,892 has also brought out the cause for changes in the data as shown in table 3.


Study results of ibid table carries the impact of urbanization, as the area has been

merged in emergence of new Statutory Towns and Census Towns which have been added on

basis of fulfilling the criteria mandatory for classification of village to Census Town.

Table 3 : Rural-Urban/Male-Female Cultivators [Industrial Category (Agricultural

Sector) of Workers (in %)] : India 2001-2011

Total/Rural/Urban

2001 2011

Persons Males Females Persons Males Females

1 2 3 4 5 6 7

Total 31.7 31.1 32.9 24.6 24.9 24.0

Rural 40.2 42.0 37.1 33.0 35.2 28.8

Urban 2.8 2.5 4.1 2.8 2.7 3.1

Source : www.censusindia.gov.in

It is evident from the table 3 that percentage of cultivators has declined from 31.7 of

2001 to 24.6 during 2011. Rural urban distribution for males and females (in percent) for year

2001 and 2011 brings out more clarity on shift of profession. Table depicts that in rural areas

total cultivators have declined from 40.2 % in 2001 to 33.0 % in 2011. Moreover comparing

gender wise mobility, it is seen that female cultivators of rural area has declined sharply.

Percentage of females in rural has declined from 37.1 % in 2001 to 28.8 % in 2011 as

compared to males.

Source:http://www.censusindia.gov.in/2011census/PCA/PCA_Highlights/pca_highlights_ file / India/

Chapter-4.pdf

Figure 3


Data depicted in figure 3 presents the comparable changes that have taken place in the

agriculture sector. Fall in percentage of cultivators (27.0 per cent) has been reported in

Census 2011 as compared to 31.7 per cent in 2001Census. However, percentage of

agricultural labourers has increased from 24.6 per cent to 30.0 percent in 2011 as compared

to Census 2001. These changes are also accountable for the criteria to consider the villages as

Census Towns during 2011 Census.

Agriculture Development Vs Change in Profession

Though agriculture development has been enhanced by use of modernized tools and

extension services in return making better cultivation system and process than the older times

but also has added up expenses too.

Large Farmers have been able to afford for such changes whereas marginal and small

farmers remained deprived of the same. This also is a major factor for change in profession

and search of new source for livelihood.

Development and Displacement : Resettlement Concern

Displacement is not limited to an individual (land owner)/household, it is linked to

generations. Large dams are useful to facilitate the irrigation, large projects like Special

Economic Zones (SEZs) are a good sign of nations development, large acquisition of land for

public and private purposes is an indicator for upcoming of enriched India with availability of

all the social, saying well the amenities mandatory for residents of the country. With this

M.S. Swaminathan has rightly remarked that population may reach 1.5 billion in two

decades, there is need to create Special Agriculture Zones (SAZs), where land will be utilized

only for farming. This process can be monitored by marking the jurisdictional boundaries of

the land and maintaining the records of that area in the form of a passbook as done in Orissa

under the Bhoodan and Vasundhra Yojana. Further land record of SAZs can easily be

monitored by linking it to the AADHAAR. This will always keep empowering the nation

with the SAZs as a land bank to meet out the future needs of the grains.

Issue of Concern

Over a period of time agriculturists families of the villages have turned to landless

especially families of the marginal farmers, having yet not been rehabilitated. Some have


changed their profession as sources have lost and generation of income is mandatory for

survival. The whole responsibility does lies over the debates at the Centre level, States

management need to bring out a positive and progressive collaborative approach in making

the justified state for affected families by making arrangement for their source of livelihood

and shelter.

Government Initiative for Shelter

Government of India has initiated a plan in developing the urban sector to provide of

housing for all by 2022 in regard to growing expectations of the rural population. This has

put many areas/sectors to be accelerated.

Thus expectations for better houses, availability of amenities in the surroundings, and

infrastructure development are in high demand for an urban sector too. On the other side this

gives alarming state for the food security with the fall of work force of cultivator, and rising

population which demands more country to be feed in future.

There is need to refine the plan so that rural population continue to their existing

profession with the development in the rural areas.

Agriculture - Productive Source for Availability of Food : Myth and Reality

It is nothing like that the food for survival is a magical process of the soil on which

the farmer depends. It costs to the farmer in the form of seeds, irrigation, land revenue, hired

labour, repair and maintenance of tools to plough, are in regard to forage for the animals and

interest over the debt etc.

Besides the above facts management of agricultural pursuits is onus of the head of the

household and continue of the profession depends on the initiative of the head which is very

limited in the present scenario as technological advancement has raised the hopes of dream

employment in the intellectual youth brigade of the country. Thus there are very less chances

of passing of the profession from generation to generation.

The table given below also reflects the same as field survey has been carried out for

the 50 households whose land has been acquired and have been awarded with the

compensation.


Table - 4 : Compensation Utilization for Purposes Other than Agriculture

Code Compensation utilized for Frequency Percentage* Options > 1

1 2 3 4 5

1 Purchase of Land 12 24.0 7 (2)

2 Construction of house 4 8.0 4 (1), 6 (1)

3 Repair of House 7 14.0 4 (1), 5 (1), & 8 (1)

4 Kept for children marriage 6 12.0 8 (1)

5 Luxurious bought 7 14.0 4 (1), 8 (1)

6 Invested - FDs/Savings 10 20.0 7 (1), 8 (2)

7 Invested - children education 7 14.0

8 O/S Loan cleared 12 24.0 5 (1), 6 (1)

9 If > 1 option 15 30.0

Source : Field Survey on 50 Households.

* Multiple responses reported regarding utilization of compensation amount.

Generally each one of the person to be interviewed answers the same because people

have in their mind that land can be purchased at any other place. Table 4 has provided the

clear picture on utilization of compensation amount. It is also observed that award of

compensation has been utilized for more than one purpose by the household. The idea to

mention here household instead of land owner is to remark that compensation amount has got

divided in case land owners were more than one. However out of 50 households, purchase of

land by 12 households (24.0 per cent) indicates for the chances in continuing the profession.

Table 5 : :Literacy level of the Affected Households

The other part is to look for the situation that how people perceive it. The level of

literacy depends on it. The table 5 provides the literacy level of the total population of the

households surveyed to measure the understanding, knowledge and awareness of land laws /

policies. The total population has been divided in three age groups.

Sl. No. Age Group Percentage

1 Children & Teenagers (0 to 18 years) 26.8

2 Adolescence, Youth and Middle aged group 63.8

3 Old age group (60+) 9.4 Source : Field Survey on 50 Households.


Literacy level of head of the households in the above age group is shown in figure 4.

Figure 4

It is obvious that results will differ as more literate population is approached. Views

will also be different of the PAPs and people having theoretical knowledge of the subject.

Level of literacy and practical knowledge of the field produces both the positive and negative

results of the situation.

It is pertinent to mention here that in the beginning it was always clear to capture the

expressions and feelings of land owners. Purposely it was decided during the field survey for

not giving a preference to group discussion. It is obvious that majority leads to higher voting

group for any of the remarks on the matter questioned by interviewer. So audio recording for

such cases was not felt mandatory. However analysis largely depends on views recorded from

each respondent.

Change in Area Holdings by Size Group : 2000-01 and 2010-11

The development over the decade has put more sellers across the country than the

buyers. The urban front is enchanting and people living in rural have illusion in their mind

that there are unaccounted offers for survival.


The figure 5 shows the changes occurred in the category of the farmers during the

decade. All the affects are jointly connected and may have adverse affect in the time and for

the generations to come.

Source : http://agcensus.dacnet.nic.in/nationalholdingtype.aspx , Agricultural Census

(2000-2001) and (2010-2011). Figures include all social and gender group.

Figure 5

Participatory Approach : An Issue

Truly it is need of the hour to take it out from the political, law scenario and social

count. This is the time to look after this issue from financial point of view. Management‟s full

involvement is required at the movement to make out such a defined strategic process which

leads to management of Land Acquisition cases.

On the other side by managing it with social aspects and lawfully, the problems can

be discussed with the farmer union across the country and step as given in brief can be taken

such as:-

Finding a Problem:-

Is the problem actually due to hurdle in cultivation or just a social or political

issue?

18.70

20.16

23.96 23.97

13.22

22.50 22.08

23.63

21.20

10.59

0.00

5.00

10.00

15.00

20.00

25.00

30.00

Marginal Small Semi-Medium Medium Large

2000-01 2010-2011

http://agcensus.dacnet.nic.in/nationalholdingtype.aspx


Key Point : It cannot be denied that process of urbanization gives rise to the

urban population, following that for change in profession the population

migrates and slums gets accumulated.

or, Is it due to compensation?

Key Point : The reason for protest on compensation to be filtered as Project

Affected Persons (PAPs) who owned land at rural-urban fringe have been

highly benefited, others revolt. Share of compensation of gets divided in case

of multiple ownership of land and the individual gets tuned to destructive

thoughts.

Finally find out, are people (Farmers/PAPs) scared of livelihood and

displacement?

Key Point : The fear is true, this is main point where participatory approach

of the all the leaders should take a decisive action in formulation of land

acquisition processes to initiate an action plan along with the issuance of the

notification for acquisition of land.

Social Impact Assessment (SIA): A Context

Sooner after the implementation of RFCTLARR Act, 2013 the ruling government

took the initiative to for its implementation at the National and State level, RFCTLARR (SIA

and Consent) Rules, 2014. The same was published as required under section 112 of the

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (30 of 2013), vide notification of the Government of India in the

Ministry of Rural Development (Department of Land Resources), number G.S.R. 101(E),

dated the 20th February, 2014 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-

section (i) dated the 20th February, 2014 for inviting objections and suggestions from all

persons likely to be affected thereby before the expiry of a period of thirty days from the date

on which copies of the Gazette containing the notification were made available to the public.

Interestingly to see and agree that copy of the same might have not been available to the

PAPs. The same could have been endorsed in the same notifications issued by the state

governments thereafter, and the same was not available in the leading newspapers.


Rules and Regulation – Making and its Implementation

Decision of the national parties running the Government must be a win-win situation.

Many decisions have been taken up and many yet to be taken are in pipeline. The making of

new chapter in the history of agriculturists lies with the decision of the decisive Government.

So far it has been assumed that development in the past has taken up the nation in the

transition phase from the developing to the developed country due to globalization,

liberalization, industrialization, emergence of information technology as a leading country in

many aspects across South Asia. But cannot be denied that agriculture sector has well taken

care of the population of the country in survival state with the provision of food grains.

Beside land acquisition and SIA, a separate study is required to measure the

population of the country willing for change of land use. In rural areas or it may be an

additional in the questionnaire of SIA. The study will filter voluntarily and involuntarily

cases of change in land use for arable, non arable and drought land. In either of the case of

change in uses after the land acquisition multiple lives and things gets affected. These are

agricultural production, human development, socio-economic condition of the land owners,

livestock, extension of development in rural residential. Punjab has been noticed for series of

protest against land acquisition in the past it is by virtue of green revolution impact.

The case is different as on today, in the developing country India. Till now in case of

Punjab, the agriculture production is purely agrarian rather than the revolutionary period

today. It is definite that development path brings changes in social and economic status of the

country residents. Revision and change in Land Acquisition Act, 1894 was very much

essential for development of the country. Let it be the LARR Act, 2013 and later Amendment

Ordinances. Population of India (land owners and PAPs) compares the land acquisition cases

of the decade with the cases happened almost above a century ago. The major difference here

is that in that period India got freedom and is now independent to think of its development, at

faster pace after the liberalization. There is always a difference between the views of the

economist and a sociologist. Focus of both is different as sociologist look forward for human

development as social status of an individual grows and economist as the indicators helpful in

rise of economic status. Land acquisition process during the British Govt. was only for the

Commercialization and profitability concern, which did not carry any study over the socio-

economic life of the land owners. The motto was then only limited to British easiness, as now


the nation needs development in all the sectors. As now the British has moved the future of

India to be a developed country lies in the hands of the ruling government, there should not

be any forcible acquisition of land. Britishers did to make their hold across the country. Now

the government has to this to develop the nation besides looking after their key benefits like

their rehabilitation and resettlement. Forcible acquisition of land will lead to undemocratic

process under the title „Public Interest‟. The citizens of developing countries (e.g. Brazil,

India, Indonesia and Nepal etc.) has resisted for land acquisition to secure their benefits in the

past. Making here a note that impact of liberalization explored the factual state of prices

being offered to the land owners for development of the projects. People quoted different

prices of their village (mostly arable land) to the extent of their knowledge, which was not

even near to the prevailing prices in the real state. The determination of the government

prices as an award of compensation under the prevailing land laws will necessarily bring the

definite price stabilization in the years to come. This true price and genuine acquisition of the

land will enhance the socio-economic status of the individual and country as well.

Recommendations

The derived out facts instead to say the discussion held with the PAPs has been

explored point wise for the benefit of society and information source for the readers:-

States/UTs should have the proper record of land especially categorized as:-

(i) Arable land,

(ii) Land suitable for multiple crops,

(iii) Land under reclamation,

(iv) Waste land, and

(v) Forest land.

It is evident that all the States are active in maintenance of reserve forest and tries to

restore the same status as and when the shortage takes place, the same should be for

the arable land also in the States/UTs.

There is need to revise the SIA as it does not provide space to include information

on:-

Persons displaced earlier also (to maintain record of the population displaced

multiple times).

This should also include the land status from the individual that either it is

arable or not.


If arable, must be questioned suitability for multiple crops.

Villages and their community/committee must be aware of the project in detail.

All the benefits and scheme available under Rehabilitation & Resettlement must be in

knowledge of the land owners.

At the time people gets rehabilitated, must also be morally supported during shifting

at the government expenses, rather than provision of lump sum amount for

transportation. This will strengthen their social status among the population leaving

and joining.

Conclusion

There is no doubt that after the acquisition of land for various Government / Private

projects, build up of Special Economic Zones (SEZs), change in profession, onus of the

farmers being under debt, number of suicides, this all has stagnated the agriculture growth in

the past. As arable land is shrinking, agrarian society is getting alarmed and their lives getting

in full challenging mode is a miserable state of earning a livelihood for survival. Besides the

issues socially and politically publicized, a look is required on the other side of land

acquisition. „India as being today an importer of food grains and thereafter, per capita decline

in food grains, pulses, edible oils, coupled with high prices has made the situation to club the

experts and thoughtfully plan for the food security of Indian people. Socially the SEZs are an

open challenge to the livelihood, culture and social life of the affected families.

Land acquisition is not a simple matter that an announcement made and the land

handed over to the party and its price to the owner. This land even cannot be considered as a

commodity which is easily available in the market for startup of any project or industry. You

can raise intensity of production for multiple items across the country but you cannot produce

an inch of land through any source. This is only feasible by change of its use and by

reclamation of land, improvement in waste land and production of food mandatory for

survival on the land suitable for multiple crops.

Eventually to mention here that land recognized and selected for the public purpose

cannot be obtained on voluntarily basis and this has not happened in the past. Whatsoever the

price has been paid by the government upon acquisition of land in the area surveyed, the

necessity for more is seen in case of each household. Initially they compare their


neighbouring villages for price, then at with the urbanized sector to get enhanced cost after

appeal.

It has been a long period of discussion focused on land dealings and its management

since liberalization visualizing a scope for development of the nation, to emerge as a

powerful country in the years to come. In the past, victory over land was considered the only

source of development of one‟s jurisdiction (kingdom/dictatorship or democracy) across the

globe. Until the industrial revolution in the 18th

century, land was considered the only source

of wealth in the now developed countries. This is also apparent from the writings of

Physiocrats (e.g. Quesnay and Mirabean) and American institutionalists such as Henry

George.

Finally on 31st August 2015 the government explored the facts and explained the

people of this country why the Land Acquisition Act of 2013, needed changes. He explained

why the The RFCTLARR Act, 2013 and (Amendment) Ordinance, 2014, which made

changes to the Land Acquisition Act of 2013, was needed. It is to be understood by all that

land is not just needed by the private parties, it is also needed by the government for projects

which are of national importance and which seek to improve the quality of life of the people

of this country. Though the revision, draft and changes in the act took place to discourage the

land acquisition processes and cases across the country, but it became a tough rather

impossible to acquire land under the LARR Act, 2013. Surprisingly nearly 70 years after

independence the nation needs land for infrastructural development and provision of

amenities for the households in rural as well as urban parts. The Stats/UTs intervention is

much essential in making the land owners more socially and economically secured during

and after the land acquisition.


References

Agriculture Census India data accessed at

http://agcensus.dacnet.nic.in/dttabledisplay3.aspx on 11.05.2015.

Burkett, Paul, (2013), “Marxism and Ecological Economics – towards a Red and Green

Political Economy” published byAakar Books, Delhi.

Census of India, 2011, “Primary Census Abstract, India” published by ORGI, New

Delhi.

Judge, Paramjit. S., (1999), “Social Change through Land Reforms” published by

Rawat Publications, Jaipur.

Malik, Yudhvir Singh (2012), “Land Acquisition - A National Issue : Lessons from

Haryana” published in The Administrator Journal of LSBNAA, Special Issue

December 2012, Vol. 53 No. 2.

Mathur, Hari Mohan (2006), “Managing Resettlement in India” published by Oxford

University Press, New Delhi.

Ministry of Law and Justice (1894). “Land Acquisition Act, 1894 (1 of 1894)” published

by Government of India.

Ministry of Law and Justice (2013), “Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)”

published by Government of India.


Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance,

2014 (9 of 2014)” published by Government of India.


Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance,

2015 (4 of 2015)” published by Government of India.

Political and Economic Development (page 4), Report and Resolutions adopted by

National Council on Sep 5-7, 2012, a CPI Publication).

Swaminathan M. S. (2007), “Agriculture Cannot Wait-New Horizons in Indian

Agriculture” published by Acamedic Foundation, New Delhi.

Vasudevan Vandana (2013), “Urban Villager-Life in an Indian Satellite Town”

published by Sage Publications, New Delhi.

http://agcensus.dacnet.nic.in/dttabledisplay3.aspx

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