Skip to main content

With Land Acquisition Act, 2013, pace of land grab has increased vastly: Top Chhattisgarh legal rights NGO

By A Representative
In a surprise note, the Janhit Peoples' Legal Resource Centre in Bilaspur, Chhattisgarh, which seeks to provide legal aid to peoples' movements, village committees, NGOs, and trade unions, has qualified the 2013 Land Acquisition Act (LAA) as providing only "notional protection", insisting that for people the only benefit it provides is the "right to register objections..."
In the section "From a colonial Land Acquisition Act to even worse?", the note says, the British law actually distinguished between acquisition for public purpose and acquisition for companies, but LAA -- even as seeking compliance with a rehabilitation policy -- in practice presumes that "acquisition for a company is an acquisition for public purpose."
Based on ground level experiences, the note, it is claimed, has been prepared on the basis experiences on about how the legal framework is sought to be legitimized, instead of any academic study of the law.
The note says, while there has been "widespread displacement, shockingly inadequate rehabilitation and compensation" over the last one decade, whether it is the sponge-iron belt of Raipur, the cement belt between Raipur and Bilaspur, the coal mines of Koriya, bauxite mines of Sarguja, the power plants of Korba, or the "Jindal-land" Raigarh, "now the pace and extent of land grab has increased vastly."
According to the note, things have reached the point where not an inch of largely tribal Jashpur is left unaffected by prospecting and mining licenses; 34 power plants are coming up in the district Janjgir; and 7 cement plants are xoming up in the newly formed district of Baloda Bazar where units of multinationals Holcim and Lafarge and of the Birla group Ultratech, Grasim and Century are situated.
Pointing out that Section 17, which is the urgency clause, is invoked "whenever the state perceives a resistance to acquisition from people, has become common in Chhattisgarh", the note, prepared by well-known human rights lawyer Sudha Bharadwaj, says, even the mandatory consultation under Panchayats (Extension to Scheduled Areas) Act (PESA) with Gram Sabha "is violated with impunity."
Quoting an analysis it had done before LAA was passed, the note says, although the Bill, when it was proposed, was brought on the anvil ostensibly because of the fierce countrywide resistance of the peasantry against land acquisition, far from addressing any of the serious legal issues, it actually ended up facilitating corporate land grab.
Pointing out that the LAA gives "an arbitrary license to acquire up to 5% of multi crop irrigated land without assessing projects in terms of their impact on food security", the note says, adding, it has "a hand-picked state level committee consisting almost entirely of bureaucrats makes all decisions."
"A social impact assessment (SIA) is to be done, but who will do it, and how, is unclear", the note says, adding, "In fact the SIA is a mirror image of the discredited environment impact assessment (EIA) process, which Jairam Ramesh himself described as a farce. The SIA can neither consider rehabilitation plan, nor whether the project is the least displacing alternative, nor the question of public purpose, yet the state level committee is supposed to decide all this."
It further says, "Various public hearings and gram sabha consultations are suggested, but these are a mere formality; the views raised in them are not given any importance subsequently", adding, "The definition of public purpose has been widened even further so that real estate is exempt from 80% consent by the phrase 'any site in the urban area'.”
"Projects that are in "public interest' (which is not defined) or that 'produce goods or services for the public' become public purpose", it states, adding, LAA, in fact, "contradicts itself by first declaring that no change of purpose will be permitted; and then reverting unutilised land to the government 'land bank'. What is this if not a change of purpose? This is an incentive to acquire large tracts of land on plausible grounds and hold them for later use."
Pointing out that after "grandly stating" that this law would create a new, just process of acquisition, the note says, LAA's clauses actually exempt a whole range of activities -- SEZs, coal mines, highways, uranium mines, railways etc. "This is at a time when SEZs and mines have been sites of bloody, violent conflict across the country”, the note insists.

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

World Bank arm accused of hiding crucial report on Gujarat’s Tata Mundra power project

By A Representative   The Centre for Financial Accountability (CFA) has accused the Compliance Advisor Ombudsman (CAO), the accountability arm of the International Finance Corporation (IFC), of concealing crucial evidence related to the Tata Mundra coal power project in Gujarat during the period when the case was being heard in U.S. courts. In a press statement released on October 10, 2025, CFA said that the CAO’s final monitoring report, which was completed in 2019 but released only in September 2025, revealed that IFC had failed to take remedial action for years, even as environmental and livelihood harms to local communities worsened.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...