Parliamentary panel calls for strict implementation of Land Acquisition Act in its entirety and true spirit
NEW DELHI: A Parliamentary Standing Committee on Rural Development and Panchayati Raj has urged the strict implementation of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) in its entirety and true spirit, especially in scheduled areas. Though the Land Acquisition Act is already in force, the demand for its full implementation persists due to its key safeguards, such as mandatory gram sabha consent, thorough Social Impact Assessments, protection against forced or unfair acquisition, and full rehabilitation and resettlement before displacement, which are still not strictly followed. Chaired by Lok Sabha MP Saptagiri Sankar Ulaka, the committee also recommended the integration of the LARR Act with the Forest Rights Act (FRA), 2006. The Committee, in its report, stated that the integration will ensure that land acquisition in forest areas cannot proceed without the recognition and settlement of forest rights under the FRA and without the written consent of the Gram Sabha, as required by the FRA. Another significant recommendation of the panel is to grant more authority to Gram Sabha by making their consent mandatory for all land acquisitions, not just in Scheduled Areas, and to empower Gram Sabha to veto land acquisition proposals that do not align with local development plans or community interests. On the Social Impact Assessment (SIA) and Environmental Impact Assessment (EIA), the committee recommended that DoLR ensure that both EIA and SIA are being strictly followed as per the guidelines envisioned in the LARR Act. To ensure fair and adequate compensation in tribal areas, the panel recommended treating every acquisition in Scheduled Areas and other tribal dominated blocks as needing a fuller livelihood value along with the cash land value. Tostrengthen Rehabilitation and Resettlement for Displaced Tribal families, the Committee recommended strict operational Compliance which include no possession or physical displacement until (i) replacement house site or agricultural land is surveyed, pegged and soiltested, (ii) core services (allweather access road, safe drinking water source, lighting, drainage, primary school access, health subcentre) are functional, and (iii) community resource mapping (grazing, forest access, cultural/sacred paths, local market space) is completed and legally secured instruments issued. On Rehabilitation and resettlement, the Committee recommended that the Ministry strengthen the National Monitoring Committee structurally and functionally to actively intervene in such cases, establish clear monitoring guidelines and timelines, set up a centralised grievance redressal portal, and ensure that cumulative impact assessments, Gram Sabha processes, and entitlements are implemented in full letter and spirit of the RFCTLARR Act. On the recognition of the livelihood of people in Lakshadweep, land acquisition by private and government players under the LARR Act, the Committee recommended strict implementation of LARR provisions in letter and spirit, without dilution or procedural bypass, so that any project enclosing or reclaiming Government coastal or lagoon land, first conducts a proper Social Impact Assessment. Assessment lists all livelihood users (fishers, gleaners, net menders, boat repairers, vendors), documents three-year livelihood dependence through Panchayat and cooperative records, seasonal calendars, photographic or GPS evidence, examines and discloses genuine alternative siting or design (alignment adjustment, shared jetty relocation without blocking traditional access). It also applies the bare minimum land test to avoid alienation of working shore, and integrates relocation or replacement access (equivalent landing beach, safe navigation channel, drying and net mending space, storage shelter, path to market) as part of the Rehabilitation and Resettlement plan before any possession. On the recognition of livelihood users in Great Nicobar under the LARR Act, the committee recommended strict implementation of the Land Acquisition, Rehabilitation and Resettlement Act 2013. It will aid to treat all people whose primary livelihood depends on Great Nicobars forests, coasts, creeks, beaches, reef flats and common paths as affected families under Section 3(c) of the Act, even where the land is recorded as Government or forest land.
10 C
