A Mockery of Justice Delivery

Published on: December 29, 2015
and even GRA orders in their favour, or

(c)        The PAFs who have been paid one meagre installment of this SRP (almost a decade ago) but have not been able to purchase land (they are about 1505 PAFs) and

(d)        PAFs who have been paid both instalments of SRP, but entangled in the fake registry scam under inquiry by the Commission (they are about 2000 PAFs)

(e)        Land Bank and Land Availability: Joint inspections have revealed that Goverment Land Bank is largely comprised of uncultivable/ encroached land and not fit for R&R. Go MP must identify and purchase land for R&R of PAFs.

(f)         Adult Sons: Denial of independent land allotment to adult sons based on a misinterpretation of the Omkareshwar Judgement (2011) despite clear Orders of NCA, GRA, R&R Sub Group. It has now been upheld by the Apex Court vide Order dated 28/9/2015 that the 2005 judgement shall remain applicable for the adult sons of SSP and they have been allotted 5 acres of land each.

(g)        Livelihoods: Failure to provide alternative livelihood based rehabilitation to thousands of landless workers, fisher folk, potters, small shopkeepers, artisans etc. who are only being offered meagre cash compensation instead of alternative livelihoods, fishing rights etc, which was part of the R&R packages, mentioned in the NVDA Action Plan, 1993 and 2000 Judgement.
 
2.   (a)   Non-compliance of GRA Orders: Gross non-compliance of hundreds of orders of the GRA with regard to allotment of cultivable and un-encroached land to single and joint land holders, adult sons, minor, widow and female land holders, encroachers, R&R site affected; payment of interim relief for delay in R&R compensation for land beneath house acquired, fishing rights and recognition of fish workers co-operatives, re-survey of land and houses etc.

(b)        Illegality of Cash Schemes: The Special Rehabilitation Grant (SRG)/ Special Rehabilitation Package (SRP) in lieu of land, cash in lieu of house plots and cash in lieu of livelihood are all in violation of the NWDTA, R&R Policy and Judgments and have not led to actual R&R of the oustees.

(c)        R&R Sites: Inadequate, Sub-standard amenities and no land & livelihood sources at most resettlement sites, as established by the Technical Team of MANIT & IIT, Mumbai appointed by Justice Jha Commission.

(d)        Undeclared PAFs: Hundreds of poor oustees, especially in the hilly tribal and some plain villages not yet declared, despite being affected, due to faulty/ in accurate surveys or even corruption.

(e)        Submergence before rehabilitation: Hundreds of oustees have been facing unlawful submergence of land and/or houses, fishing nets, boats etc. without lawful rehabilitation and compensation, in violation of NWDTA, since 1993-94 and subsequent years upto 2012-13.

(f)        Justice Jha Commission Inquiry: The ongoing inquiry by the M.P. High Court appointed Justice Jha Commission into fake land registries, R&R sites, house plot allotments, livelihood grants and other issues of corruption in R&R of PAFs mostly under 121.92 metres etc. is at a crucial stage and further dam work without consideration of Commission’s report with major R&R implications is unlawful.

(g)        Flawed ATRs: The so-called Action Taken Reports (ATRs) by the Government of MP/ NVDA indicating no balance R&R [‘0’ Balance] are grossly untrue vis-à-vis the field situation of R&R. This was reported by the states of NCA and appeared in the NCA’s Reports from 2008-2011. However, the figure was changed in the Annual Reports of 2011-12 and 2012-13 and NCA recorded that 2,143 PAFs are yet to get land (although 6000+ PAFs are entitled to land in M.P. alone)

(h)        No field verification by NCA: Over the past 15 years, NCA has not undertaken any effective field verification of the land bank available, inadequate amenities at R&R sites, meagre cash grants not leading to land purchase/ livelihood assets, incomplete R&R, legal violations, non-compliance of GRA’s orders etc.

(i)         Limitations of GRA: Out of thousands of oustees, only few are in a position to approach GRA and thousands who have not approached GRA are also not rehabilitated. GRA must verify the village-wise ATRs in the context of NWDTA, R&R Policies, and judgments. GRA also has no powers to monitor and ensure compliance of its own