In defense of land rights: A monitoring report on land conflicts in six Asian countries
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of land from public funds, strategic purposes and for further development of
land for a corporation owned and controlled by the State, carrying out certain
schemes of government like education, health, housing, slum clearance, and
any other scheme of development sponsored by government or for locating
any public office. However, acquiring land for private companies would not
come under the purview of “public purpose” in section 2(1) of the Act.
Since independence, land has been acquired from people, particularly from
farmers, for the purpose of expanding towns/cities by converting agricultural
land into non-agricultural land. In the name of industrialization, large portions of
land are being acquired from people for “public purpose” and “development”
and later handed over to private companies (Jeyaraj, 2008).
Under the enormous power available to the government by virtue of eminent
domain, many blatant abuses have been committed. For example, the West
Bengal Government acquired fertile agricultural lands in West Medinapur
for the Tata Metaliks Company in 1992, dispossessing small and marginal
farmers, even when equally-suitable waste land was easily available. State
governments have not hesitated to take over the land even by employing
draconian emergency powers available under the Act (Ahmed, 2000). The
main philosophy behind the Act is eminent domain – the sovereign power of
the State over land and natural resources.
The very broad, inclusive definition of public purpose has caused great
confusion and facilitated all sorts of abuse.
RIGHTS OF THE TRIBALS AND FOREST DWELLERS
ANGOC
According to 2011 census data, adivasis or tribals constitute 8.6 percent of the
total Indian population. Though they are a minority in India, their number is
by far larger than in many other countries. This population has needs different
from that of other citizens of the country. As their life revolves around forests
and its products, any unwanted interference with forests means that they
are also getting substantially affected. It was during the colonial era that the
Indian Forest Act of 1927 was enacted. Under the Act, the government could
consolidate and reserve all the forest cover in the country to regulate the
transit of forest produce and to levy duties of timber. This legislation was used
by the government keep the tribals from accessing the forest and to thereby
indiscriminately exploit the resources of the forest. Even after independence,
the same legislation persisted.
Since tribals were considered as encroachers, forests and other common
lands were easy targets for land for conversion. As a result, it is estimated
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