Business Daily from THE HINDU group of publications Monday, May 21, 2007 ePaper |
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Mentor
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Infrastructure Industry & Economy - Rural Development Columns - Sticklish Issues Web Extras - Real Estate & Construction Many a development trouble spot
The sub-heading Right to Property and Article 31, under which the right to property was a fundamental right, was omitted by the Constitution (44th Amendment) Act, 1978 with effect from February 26, 1979. The amendment has abolished the right to property as a fundamental right and has incorporated it merely as a constitutional right, which will be regulated by ordinary law. Consequently, Article 31 has been deleted and the new Chapter IV Right to Property, after Chapter III in Part XII of the Constitution, has been inserted. These amendments give the Government unfettered rights to acquire lands for public purposes. As the SEZs are considered privileged areas for production of goods, mainly for export markets, they enjoy various concessions, such as tax holidays, concessional rates for power and water and are free from the Government's red-tapism. When the Government acquires vast areas of land, including cultivable agricultural lands, thousands of poor people are displaced and their livelihood becomes a question mark. Under the cover of `public purpose' it is unfortunate that lands are acquired for private commercial use. Only in such a situation do the poor people resort to agitations. Hereafter, the Government should consult the people whether they would be willing to part with their lands. The Government should not involve itself in the acquisition process and the private players must deal directly with the landowners and pay the compensation at the prevailing market rates. The Government should ensure, with the help of NGOs, that all the affected persons are properly rehabilitated. The children of those affected people may be employed in the factories proposed to be set up in the SEZs. While concept of SEZs cannot be against the interests of the poor people and farmers, the way in which the land is acquired creates problems. In this context, the UPA Chairperson. Ms Sonia Gandhi's recent assurance that all the issues pertaining to the formation, acquisition of land for SEZs and rehabilitation of the affected people would be addressed, and a new Act would be enacted soon, is a welcome sign. *S. Nallasivan, Tirunelveli Development is the result of creative efforts and it should be planned and executed in a systematic manner to reduce the trouble spots. Land, which is a primary resource for effecting any development, should be acquired in such a way that it doesn't hurt other sectors. Armed with big cash flows, industrialists seek to benefit from the concessions doled out by the Government. In their eagerness they buy agricultural land that results in "robbing" the agriculturalists of their livelihood without offering them a suitable alternative. Acquisition of agricultural land could adversely impact the country, given the chaotic foodgrains production. T.S. Sundareswaran, New Delhi
In the case of large projects, it is the responsibility of the State Government to acquire lands from the owners and make them available for these projects.
While in countries like US large tracts of vacant land are available, in a thickly populated country like India land acquisition often results in displacement of people.
This situation leads to many unsavoury consequences.
Protests by NGOs and farmers help garner support and sympathy from different quarters. Development today is being seen as "anti-poor." The past record of relocation and rehabilitation of displaced persons is not very encouraging and leaves much to be desired. While development is certainly essential, India cannot afford to lose its food security in the name of development.
S.Krithivasan, e-mail
While there were apprehensions among some quarters that Special Economic Zones (SEZs) might turn into exploitive zones, the Nandigram incident taught a lesson to the State and instilled confidence among the people to fight against compulsory land acquisitions.
The Centre has told the States to stop compulsory land acquisition and not to get involved in the process. But investors may still prefer to get land from States to prevent complications. Every State requires its own strategies to deal with the situation.
While some States, like Andhra Pradesh, have accumulated huge land banks, Posco in Orissa has decided to forgo the 200 acres where it stiff faces resistance.
The success depends on the strategy and wisdom of State Governments in tackling with the problems.
A. Jacob Sahayam, Thiruvananthapuram
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