On the matters of Land Acquisition

If we reopen the pages of history there are many instances like Niyamgiri, Kundankulam nuclear power plant, Tata Nano project, Kalinga Nagar and etc. where people have opposed to the projects. Those were the clash of classes.

The oppressors always have been in tact to oppress the other class. They always keep on wandering to find different strategies to oppress other class and enjoy the resources, properties and etc. therein. Certainly government protects the oppressed class from being oppressed further by bringing in different protective measures, like enacting law, setting general principles to be obeyed by the citizens  whether from the upper class or from lower. It provides certain rights to its citizens and etc. so that the clash of classes should not take place and everyone could enjoy the fruit of freedom.

In a country like India which is the largest democracy of the world the process of development must be a progress led by two parties, The Government and the citizens of India. The process of development should be a bottom-up approach. But it is just the opposite of it. The planning will be done by the bourgeoisies and submitted to the state and the state will encroach on the properties of the proletariats forcefully with its power and give it to the bourgeoisies. The NDA government is doing lot of corporate favouritism. The recent amendments to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which was brought in last year by the previous UPA government depicts a clear picture of the same. Will that really be called as development? On the name of which one section of the society is favoured and others suffer from legitimate suppression and oppression.

The Act brought in by UPA government was seen as landmark legislation. As per amendment to the Act it has exempted projects related to Defence and security of the country, Rural infrastructure, Affordable housing and housing for the poor, Industrial corridors and infrastructure and social infrastructure projects including Public Private Partnership (PPP) projects where the ownership of the land continues to vest with the government. From now onwards there will be no Social Impact Assessment (SIA) conducted before acquisition of land for the above mentioned projects. Also consent from 70% of the affected families is not required for PPP projects. Also as per the amendments made to the Act, government can acquire land for private hospitals and educational institutions as well.

“The needs of a modern growing and developing India need a balanced approach. Development and justice to the land owner must coexist. One cannot be done at the cost of the other”. Arun Jaitley said. Acquisition of land without the consent of the affected families; is that is called Justice? The SIA serves as to ensure whether the acquisition serves public purpose, to consider the impact of such project is likely to have on different components of affected families, to estimate the losses and the gains therein. Without any consideration to all of these, acquisition of land, is it justice? It is a justice to the corporate.

The 2013 Land Acquisition Act had provided space for the local communities for development planning and these amendments has taken away that space. And the industry sector was always complaining to ease up the land acquisition process. They used to complain that the land acquisition law in India is so complex that it takes years to acquire land and sometimes not possible even. With these amendments in the act by passing an ordinance govt. has really made it easy. The govt. heard of the corporate and will not hear from the communities affected before encroaching into their land. It is very clearly visible that these amendments are pushed by ‘Make in India’, and ‘100 Smart Cities’. The bourgeoisies are facilitated by the state to exploit. This is legitimate bringing in autocracy and demeaning of democracy.

This ordinance is totally in favour of the industries and no doubt will favour India in making it an industrial hub but in the other hand it will increase the gap between the classes. It will be very easy for government to procure land for industrial and infrastructural development but that will address the perceived needs of government rather addressing the felt needs of the people. 

-       Bigan Mahakul