If you think this is fair
It requires that "the consent of 70 per cent of affected families is mandatory where land is sought to be acquired for public-private partnership projects, and 80 per cent for private projects". Schools in mining areas are shut between 3 pm and 4 pm because of explosions so big that the school buildings tremble.In 2014, came the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
It will interest readers to know, particularly after reading about Lata Mangeshkar’s objection, of one small aspect of the impact that Ms Chandrasekhar has observed. Specifically, there is no consultation with landowners, their consent is not required before their land is taken and there is no question of assessing the impact. And then, unless written objections are filed in less than 30 days, the process begins by which the land "shall vest absolutely in the Central government (free from all encumbrances)"Observing the policies of Coal India Ltd (which controls some two-thirds of all mining in India), a parliamentary committee said that the tribal communities "hardly have any access to the official gazette wherein they could see that their lands are to be acquired for public purposes". Communities can also file for rights over common property resources, including community or village forests, religious and cultural sites and water bodies. She said first that it would affect her voice, and later that "if there is drilling on the road, the foundations of many buildings will be shaken".This week I learnt something about coal mining in India which I thought I should share with you.Aakar Patel is a writer and columnist. And we in the middle class are totally complicit in this theft.Let’s come to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.Another law regulating land acquisition is the Panchayats (Extension to the Scheduled Areas) Act, 1996, also called PESA.
Let’s first look at the laws regulating mining, which protect the property and rights of Indian citizens.That sounds reasonable to me. This law "recognises the customary rights of forest-dwelling Scheduled Tribes and other traditional forest-dwellers to land and other resources.Sounds good Unfortunately, the ministry of tribal affairs itself observes that this law is mostly ignored by the government. And the act "also contains a provision requiring the prior consent of the concerned gram sabhas in Scheduled Areas before land can be acquired". It requires that panchayats be consulted before land is acquired in tribal areas for development projects, and also before the resettlement or rehabilitation of people affected by such projects. We insist that others, who are unwilling but weak, make all the sacrifices on our behalf and then we are puzzled when there is violence against the state. Knowing the reality of this naked land grab brings a very different meaning to words like "Maoist" and, of course, "development".
It will tell you a thing or two about how fairly we are going about the great project of development.Which one of us would give up our flats for development Our elite can even veto the construction of a greatly needed flyover."The law says that village assemblies must have a key role in deciding who has the rights to forest resources. This law is also more or less ignored by the government.It comes from a report my colleague Aruna Chandrasekhar is working on.I would say that this is actually quite deliberate. Social impact assessments required by the law "are almost never carried out" says Ms Chandrasekhar. In addition, it requires a "social impact assessment", meaning a study by independent experts to map a project’s impact on people’s lands and livelihoods, and its economic, social and cultural consequences, in consultation with affected communities. One reason is that the thrust bearings manufacturers government is not required to evaluate the accuracy or completeness of the assessment.Then there is the Environment (Protection) Act, 1986, which requires all projects of a certain size to get environmental clearance after public consultations with local communities likely to be affected by the project.
If you think this is fair, you should know that this law does not apply to those lands taken for coal mining.Ten years ago, in 2006, Lata Mangeshkar announced she would leave India if a flyover was built in front of her mansion on Mumbai’s Peddar Road.That flyover was, of course, not built.Under it the government issues an order published in its gazettes (when was the last time you read a government gazette ). Members of these communities can claim individual rights over forest land they depend on or have made cultivable. The industrial development of this country (it was reported on February 6, that Adani Power Ltd is building a $2 billion coal fired power plant in Jharkhand) is happening on the back of our theft of tribal land.The one law that the government properly follows and applies is the one under which it grabs land: the Coal Bearing Areas (Acquisition and Development) Act, 1957