75
Table 1. People Displaced by Development Projects
Others
0.5
Wild life and sanctuaries
0.6
Industrial development
Mines
1.25
2.55
Dams
Total
16.4
21.3
Source: Lok Sabha
no provisions for rehabilitation and resettlement. It also offered very low rates
of compensation not based on actual market rates. This caused huge losses
to persons who had to give up their land and simultaneously, their livelihood.
Even after India achieved independence, it adopted this archaic legislation.
Reforms were instituted in 2013, with the enactment of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act (also known as the Land Acquisition Act of 2013). Under this
Act, except for when land is acquired for “public purpose,” informed consent
is to be taken from 80 percent of people affected in case the land is acquired
for private companies, and 70 percent when it is acquired for public-private
projects. In cases of acquisition, the affected families have to be compensated
with four times the market value of the land in rural areas and with two times
the land market value in the urban areas. Further, the government is obligated
to conduct Social Impact Assessments for each project to assess the benefit of
the project against the probable social impact it will cause. In spite of such a
progressive law, a large number of conflicts over land acquisition still come up.
Currently, transfer is done in accordance with the doctrine of eminent domain.
This doctrine means that the land can be acquired by the State for “public
purposes” and adequate compensation has to be given.
CONCEPT OF “PUBLIC PURPOSE”
Section 2(1) of Land Acquisition Act of 2013 provides a very broad, inclusive
definition of the term “public purpose.” “Public purpose,” according to the
Act, includes provision for village sites, town planning, planned development
India Land Conflict Monitoring Report
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