Displacement | SabrangIndia News Related to Human Rights Wed, 06 Dec 2023 08:41:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Displacement | SabrangIndia 32 32 Displacement due to Airport Expansions? Union Response in Rajya Sabha Leaves Questions Unanswered https://sabrangindia.in/displacement-due-to-airport-expansions-union-response-in-rajya-sabha-leaves-questions-unanswered/ Wed, 06 Dec 2023 08:41:23 +0000 https://sabrangindia.in/?p=31646 Incomplete compensation details and land acquisition figures for airport raise concerns; lack of clarity in government responses

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On December 4, during the ongoing winter session of the Parliament, Dr. Santanu Sen is a recognised figure in India’s medical and political fields, raised a question regarding land acquired by the government for airports. Sen is a Member of Parliament in the Rajya Sabha from the All-India Trinamool Congress party. Dr. Santanu Sen raised questions about the conditions of the people who were displaced due to the land acquisition for airports in the past three years. He also sought answers regarding the amount of funds spent on land acquisition and the details of the actual amount acquired by the government to keep a check on the activities performed by the government.

Jyotiraditya M. Scindia (BJP), union minister for civil aviation, responded to the questions by providing details of the amount of land acquired by Government for building airports in last three years. As per the data provided, a total of 1944.4364 acres of land had been acquired for building airports in the last three years.

The minister also detailed the funds allocated and spent on land acquisition for building airports in last three years. As provided in the reply, the Rajya Sabha was apprised that out of the total land of 71.11 acres provided by UT of Andaman & Nicobar for Port Blair Airport, Rs. 12.47 crores have been paid for 1.55 acres of land to the UT Administration for installation of glide path. In Bagdogra, out of the total airport land of 130 acres, the Airport Authority of India (AAI) paid Rs. 23.06 crores as compensation to the existing tea estates for acquiring 98.72 acres of land provided by the State Government of West Bengal. For Pakyong Airport, out of the total land area of 210.14 acres, AAI paid a compensation of Rs.10.18 crores for an area of 7.39 acres, as a compensation for acquisition of private land for construction of the reinforced earth retaining walls. At Hindon Airport, out of the total land of 10.39 acres made available by State Government of Uttar Pradesh, AAI has paid Rs.39.69 crores for a land of 5.44 acres.

It is crucial to note here that the data provided by the ministries fail to provide the amount of money that has been paid by them for the whole land. As can be deduced, the compensation paid is only for a part of the whole required land. Since the data does not provide the total funds allocated, the total amount spend on land acquisition and compensation cannot be determined. By providing us with only the amount paid for 4 airports, namely Port Balir, Bagdogra, Pakyong and Hindon airport, the full amount paid for acquisition of 1955.4364 acres cannot be pointed. Thus, it can only deciphered that they the union has paid 85.4 crores for acquiring 113.1 acres of land due to various reasons, which are installation of glide path, compensation to the existing tea estates and compensation for acquisition of private land for construction of the Reinforced Earth Retaining walls.

Notably, in the case of Kohlapur, Maharashtra, for which forest land of 27 acres was acquired by AAI, no details have been provided in the answer which specify the funds paid.

The table provided in the reply to the question is as follows:

Details of land acquired by AAI during last 03 years
State/UT Name of Airport Area (in acres) Year of Acquisition
Andhra Pradesh Kadapa 47.53 2022
Arunachal Pradesh Hollongi (Greenfield Airport) 9.42 2021
17.91 2022
Dibrugarh 70.11 2022
Assam Jorhat 23.52 2022
Lilabari 84.00 2021
Bihar Darbhanga 76.40 2023
Chhattisgarh Raipur 20.80 2022
Jammu & Kashmir  

Jammu

 

121.75

 

2021

Jharkhand Ranchi** 301.69 2023
Madhya Pradesh Gwalior** 143.20 2021
Maharashtra Kolhapur # 27.01 2020
Odisha Bhubaneswar 1.18 2022
Andaman &

Nicobar

Port Blair 1.55 2023
Sikkim Pakyong (Greenfield Airport) 7.39 2021
 

 

 

Tamil Nadu

Chennai 2.76 2021
30.57 2022
 

Madurai

460.17 2020
14.75 2021
0.0064 2022
 

Trichy

1.89 2021
31.20 2022
27.61 2023
Uttar Pradesh Ayodhya** 317.86 2022
Hindon 5.44 2023
West Bengal Bagdogra 98.72 2022

*Land Acquired from Defence (IAF).
** On lease basis on nominal rate. # Forest Land handed over to AAI.

The questions put forth by Sen concerning the displacement of the people due to acquiring their land and the compensation provided to the, the union minister dodged the question by saying that the concerned State Government/Union Territory (UT) Administration for development/expansion of airports owned by the AAI is responsible for the same. Hiding behind the above justification, the Ministry of Civil Aviation informed the Parliament that it did not maintain any data in this regard either for AAI Airports or Private Airports.

The complete answer can be viewed here:

 

Related:

Over 5 years, 1033 serious coal accidents reported, 717 took place in Telangana alone

Supreme Court refuses to stay amendments to forest law

Delhi’s Sunder nursery basti demolished, residents displaced

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Why Adivasis seek to re-assert their traditional identity https://sabrangindia.in/why-adivasis-seek-re-assert-their-traditional-identity/ Thu, 22 Mar 2018 13:33:05 +0000 http://localhost/sabrangv4/2018/03/22/why-adivasis-seek-re-assert-their-traditional-identity/ ‘Adivasi history is an unbroken chain of broken promises’: Dr. B.D. Sharma What are these broken promises? Massive displacement without rehabilitation:  Independent studies estimate that about 24 lakh acres of their land has been forcibly acquired by the govt and industries, resulting in about 19 lakh persons being  displaced. Of the displaced only 25% have […]

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‘Adivasi history is an unbroken chain of broken promises’: Dr. B.D. Sharma

What are these broken promises?

  1. Massive displacement without rehabilitation:  Independent studies estimate that about 24 lakh acres of their land has been forcibly acquired by the govt and industries, resulting in about 19 lakh persons being  displaced. Of the displaced only 25% have been resettled, but no one has been rehabilitated because rehabilitation implies restoration of their social, cultural and community values.
  2. Depletion of natural resources with local population having no share in it leading to enrichment of outsider companies, contractors and migrants. Beginning from the start of 20th century excavation of minerals of all kinds has been taking place. But the plight of people in whose land all this mineral wealth is found have been reduced to increasing poverty, disease and lack of basic amenities.
  3. Constitutional, legal and judicial provisions for the welfare and development of the Adivasi have been consistently violated.

(a)  the Vth Schedule of the Indian Constitution [Indian Constitution, Article 244(1)]clearly stipulates that a ‘Tribes Advisory Council’ (TAC) composed solely of members from the Adivasi community who will advice the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the State.
Whereas the reality is that the meeting of the TAC takes place rarely, and it is convened by and presided over by the Chief Minister of the State and is controlled by the ruling party. TAC has thus been reduced to a toothless body. Verily a constitutional fraud meted out to the Adivasi people.

(b) The Panchayats (Extension to Scheduled Areas) Act [PESA],1996 [No:40 of 1996]  which was a fruit of long drawn disenchantment and struggle of the Adivasi people and their political representatives and which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance outlined the composition and functioning of the Gram Sabha. It gave significant powers to Gram Sabha in all matters pertaining to the welfare and development of tribal adivasi people.
Whereas the reality is this Act of the parliament has deliberately been left unimplemented in all the nine states. It means the capitalist ruling class does not want the Adivasi people to self-govern themselves.

(c) the Samatha Judgment, 1997 of the Supreme Court [Civil Appeal Nos:4601-2 of 1997] came as a huge relief to the Adivasi communities in Scheduled Areas infofar as it decreed that mining in Scheduled Areas can be undertaken only by Adivasi Cooperatives.  The judgment was meant to provide some significant safeguards for the Adivasis to control the excavation of minerals in their lands and to help develop themselves economically. 
Whereas the reality is consistent efforts have been made by the state to ignore this verdict of the highest court. Several cases have been filed by affected communities but the ‘law of eminent domain’ of the colonial rulers are invoked to alienate Adivasi land and to loot the rich mineral resources.

(d) Forest Rights Act, 2006: [Act of Parliament No:2 of 2007] jal, jangal, jamin, as we know, are the basis of the  economic life of the Adivasi people. Of particular importance is their traditional rights in the forest have been infringed upon systematically over the decades. At long last, the govt came to the realization that a historic injustice has been done to the Adivasi and other traditional forest-dwellers. To correct this anomaly it enacted this Act empowering each forest-dwelling family to four acres of land
Whereas the reality is far from desirable. As per the information collected in the nine Scheduled Area States till 28th February, 2017, 41,65,395 claims (40,26,970 individual and 1,38,425 community claims) have been filed and 17,90,624 titles (17,27,655 individual and 62,969 community claims) have been distributed. That means about 24 lakh claims [41%] have been rejected! As for Jharkhand State, 1,02,510 claims were made, of which 56,181 claims have been distributed, and 46,329  (45%) have been rejected. It is a painful reality that nearly half of Adivasis and other forest-dwellers have been refused their ages-long existence in the forests of Jharkhand.

(e) Owner of the land is also the owner of sub-soil minerals’. The Supreme Court of India in a path-breaking judgment [SC: Civil Appeal No 4549 of 2000] has said “we are of the opinion that there is nothing in the law which declares that all mineral wealth sub-soil rights vest in the State, on the other hand, the ownership of sub-soil/mineral wealth should normally follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process.”
The rich minerals in their lands are being looted by the govt and private companies. The Supreme Court has declared 214 out of the 219 Coal-Blocks in the country illegal and ordered their closure and levied a fine on them for their illegal mining. But the Central & State Govts have found a way out by re-allotting these illegal mines through auction to make it look legal!  Lot of assurance is given that Adivasi land will not be given to industrialists, yet at the same time mines in Scheduled Areas are being allotted to govt and private companies. Cheating game.

(f) Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. [SC: Criminal Appeal No: 889 of 2007] The court rejected the doctrine of ‘guilt by association‘. 
It is common knowledge that very many young men & women are held in prison on the suspicion of being naxalites”.  After arresting them other penal clauses are added on. It is an easy label that can be put on any one whom the police  want to catch. It does not require any proof or witness. Let us keep in mind that they are  not even members of any naxalite outfit. Supreme Court says even membership in a banned organisation does not make a person a criminal. How far removed are  the law and order forces from the judiciary!

(g) Domicile Policy, already enacted by the govt, is meant to side-line the native population and to facilitate outsiders to grab the job opportunities.
Six Criteria to define who could be called a sthaniya niwasi or local resident of Jharkhand

  1. Those who have their or their ancestors’ names in land records as per the last survey. The gram pradhan (village head) can identify the landless as a local resident on the basis of his language, cultural practices and traditions.
  2. Those living in Jharkhand for the past 30 years for reasons of business, jobs, etc., and have acquired immovable properties, and their children, would be considered locals.
  3. Employees of the Jharkhand government, or government-aided institutions, organisations etc. — and their spouses and children — would be considered locals.
  4. Employees of the Central Government living in Jharkhand, and their spouses and children.
  5. Those holding constitutional posts, their spouses and children.
  6. Those who were born in Jharkhand, and have completed their education till matriculation.

Needless to say, this policy is meant to push the native Adivasi Moolvasi people to the margins of society and enable outsiders to capture whatever job opportunities available in the state. This is already in practice and exclusion of indigenous people is taking place very quietly. This must be reversed by all means.

(h) ‘Land Bank’ is the most recent plot to further weaken Adivasi people.  The State govt plans to acquire about 20 lakh acres of land of which about 10 lakh acres are to be allotted to industries. This includes even ‘Common Land’ such as water bodies, rivers & rivulets, hills & hillocks, village roads, sarnas, masnas.  This is being done without the knowledge and consent of people and their respective Gram Sabhas. People have started to express their protest by appealing to the  Governor to stop this illegal action of the govt. Sad to say Adivasi leaders have not taken up this problem and mobilize people into an andolan.
 
Enough is enough . . .                                                                                                                            
– the frustration of Adivasi people is expressed through some of them erecting Pathalgadis. We may not agree with all that is written on them, but we need to ask WHY they are doing this.

  • The govt must stop looking at this as a law & order problem but make sincere effort to remedy the ‘historic injustice’ being done to Adivasi people;
  •  The ruling class must realize that Adivasi People are not asking for charity but certainly want their constitutional, legal, judicial rights are  acknowledged and honoured by the rest of society;
  • Rights are never given but always taken !

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Fifty Years & Fighting: A Not So Brief History of the Narmada Bachao Struggle https://sabrangindia.in/fifty-years-fighting-not-so-brief-history-narmada-bachao-struggle/ Tue, 05 Sep 2017 06:56:01 +0000 http://localhost/sabrangv4/2017/09/05/fifty-years-fighting-not-so-brief-history-narmada-bachao-struggle/ 50 years ago, when the Sardar Sarovar Dam was conceived by the government of India on the river Narmada, there was little or no knowledge about the widespread ecological crisis that it would bring about and disrupt the lives of lakhs of people living on its banks, forests and valleys since thousands of years. Narmada […]

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50 years ago, when the Sardar Sarovar Dam was conceived by the government of India on the river Narmada, there was little or no knowledge about the widespread ecological crisis that it would bring about and disrupt the lives of lakhs of people living on its banks, forests and valleys since thousands of years. Narmada Bachao Andolan has been on the forefront of the struggle of the people of the Narmada against forceful and unjust displacement. Once again, in the year 2017, the government is on a warpath to uproot people by increasing the height of the dam without giving compensation or rehabilitation.
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NARMADA VALLEY CALLS FOR JUSTICE

Narmada Nyay Yatra (Narmada Justice March) launched on 29 August 2017, 12 PM from Badwani Grain Market, Badwani, Madhya Pradesh.
 

People’s resistance to ‘displacement without rehabilitation’ is challenging the corrupt practices of Madhya Pradesh and Indian state and administration.

They tried to remove us with false hopes and assurances. They tried to remove us by submitting false affidavits in contempt of court. They tried to remove us using police force and violence in contempt of democracy. ‘No displacement without rehabilitation’ is a constitutional right guaranteed to each and every citizen of this nation. Narmada Nyay Yatra will claim that right through legal, constitutional and non-violent satyagrah.

After the succesful uprising of the people of the Narmada Valley against evictions before rehabilitation is completed, CM Shivraj Singh Chauhan announced a package relief of 900 crores. But those 900 crores have gotten lost in the bureaucratic muddle and due to lack of executive orders. On hand the Chief Minister of the state is announcing measures of relief for the media and on ground they are shamelessly arresting Narmada Bachao Andolan activists on fabricated charges and carrying out reign of repression across the state. While PM Narendra Modi is busy planning the inauguration of the Sardar Sarovar Dam on his birthday on 17 July, we want to ask him if he is dedicating the dam to the ‘nation’ or to the ‘corporates’? Why is Shivraj Singh Chauhan more loyal to the state of Gujarat instead of focusing on the welfare of his own state Madhya Pradesh?

On the first day of Narmada Nyay Yatra,  thousands of oustees tied black bands around their mouths as a silent protest and demonstrated outside the Badwani Jail with the symbolic ‘balance of justice’ demanding the release of their saathis, Vijay Marola (Village Kaparkheda), Santu Patidar (Nisarpur) and Dhurji Patidar (Nisarpur). They were released at 6.30 in the evening.

Badal Saroj, leader of Communist Party of India (Marxist) flagged off the march further and compared the arrest of comrades with Nelson Mandela’s incarceration while struggling against apartheid. Everyone agreed that the powerful participation of women has forced the Shivraj regime to back off. The most burning issue of our times, ‘resource loot’ was discussed in the Yatra in the context of selling off the waters of river Narmada to Coca Cola or Ultratech cement facories. It was declared that while claiming ‘development’ they are actually distorting the river and our planet.

Narmada Nyay Yatra covered villages and met altogether atleast 25000 persons living on the bank of Narmada Yatra has explained how the state government of M.P. and the centre commenced its brutal battle against the people of Narmada Valley. The false criminal cases filed as well as the force and intimidation used to try and suppress, oppress and vacate the villages faced the challenge of people’s power.

People especially the landless in villages like Pichhodi and Bhavti, narrated the story of those few who signed the official affidavits to receive the package of 5.80 lakhs for house construction and left their own old house however didn’t receive the same. Some received the amount without asking for any package.  The government has now started allotting house plots, only 1/3 of the area offered by Tribunal Award as a legal right. They have also at a few places asked the oustees to give back 2/4 of the plot they are already allotted, years ago. All this is obviously to show falsely, that people are ready and willing to take whatever is offered, even against the law and leave their house. All this is illegal and thousands and thousands of families, realising the cunning strategy has refused to sign any such affidavit and denied vacating their houses. The fisherpeople, the boatsmen as well as the potters have not yet received the rights which are recently promised.

On the legal front, the next hearing on R & R sites is to be held on 7 September and Narmada Bachao Andolan with its advocates including Adv. Anand Mohan Mathur and Pratyush Mishra as also Medha Patkar, the intervener in person will be before the court to represent the serious situation at R & R sites, in violation of the SC order of 8.2.2017.

Shantu, Vijay and Dhurji who had been arrested on 9 August by M.P. police on false charges got bail from Indore High Court on 28 August and released on 29 August on 21st day of their arrest. But false charges on many activists still remain and the fight for withdrawing these allegations is on. The fight and non-violent struggle goes on till the valley people don’t get their dues and just rehabilitation as per the NWDT Award.

 
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Narmada Nyay Yatra exposes multiple scams and widespread corrupt practices across Madhya Pradesh

Narmada Nyay Yatra resurveyed the entire Valley and was shocked to see the false promises made by Shivraj Singh Chauhan during the Narmada Sewa Yatra. Shivraj’s plantation drive was recorded on Guinness Book of World Records for enormous spends and media highlight, but environmentalists found the idea ridiculous as it was carried out without any scientific planning of the types of plants that would preserve biodiversity. The Narmada Nyay Yatra found most saplings in Pichhodi, Avalda and Bhavti settlements weren’t even alive. Similarly the alcohol ban on Narmada banks as announced failed to be implemented on ground. Whereas the alcohol ban of the villages Pichhodi and Bhavti which was achieved by the women’s struggle still remains successful. Similarly Shivraj’s false claim of banning sand mining on Narmada banks proved fake as protestors themselves found an abandoned sand mafia truck during the rally whose driver had run away seeing the people. Shivraj had spent close to Rs. 1600 crores in the name of Narmada Sewa Yatra earlier this year.

The Narmada Nyay Yatra covered 60 villages in a span of 3 days and continued on its fourth day. In Manawar, the village Jalkheda is facing serious submergence issues due to the Man Dam Project on a tributary Man of river Narmada. These families are facing the challenge of flooding from both Narmada and Man rivers. But the state-administration has no idea about these. They have not surveyed the villages and do not even know how many people will be affected by submergence. So the question of rehabilitation is far from implementation. It was also revealed by the Yatra that Dharampuri is not the only town to be affected by the closing of the gates of SP, but even the Maheshwar town including its historic Maheshwar Fort will also be submerged. It was also found out in Kothra and Bada Barda villages that Dalits, fisherpeople, Kewat community and labour colonies were either acquired half-heartedly or were removed from the list of submergence areas or were considered ‘islands’. But the submergence of the year 2013 proves that houses which were submerged during time of dam height of 122 meters, they will surely be affected by the 139 mt. high dam. Similar corrupt practices were exposed in the mismatch of oustee lists. Meanwhile, the M.P. Revenue Department is claiming that their survey is different from Narmada Valley Development Authority survey. They have announced that only 8821 families are in the submergence area. Similarly they have rejected 8000 families who are in the submergence area but because their names are not on NVDA list, they will be considered ineligible. Instead of giving such families 60×90 land plots, the government is giving them only 20×90 or 30×60 plots. Many oustees are forced to shift into tin sheds. Poor people are being coerced into signing false affidavits and given only half of 1/3 of what they deserve in a bid to increase the number of people who the state can claim are already ‘rehabilitated’.

The movement is against all these unjust and criminal practices of the state and will fight until justice is achieved.
 

Narmada Struggle Support Group, Madurai demonstrates in solidarity with Medha Patkar and the people of the Narmada Valley. 

D. Gabriele, 28 August 2017

At Bypass Raod, opp. Guru Theater in Madurai, hundreds of participants from 18 organisations came together from 9 AM to 1 PM to protest against the ‘emergency situation’ in the Narmada Valley. Women participated in considerable numbers. The MDMK and the Humanist Party extended support, as well as people from peasant struggles and struggles to save democracy (like anti Methane and anti Hydrocarbon struggles). The emphasis was on implementing the Supreme Court orders in Narmada struggle and Right to Life and Livelihood and ‘Land for Land’ and stopping arbitrary violence on people. Three lawyers dressed up as Supreme Court Judges were sitting on a bench on top of a truck, which gave a good appeal to expand the independence of the judiciary.

 

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Solidarity Event in Ambedkar University, New Delhi engages young students with the realities of 21st century India.

Titled ‘Damming the Narmada: Development or Dispossession?’, a cultural-political event was organized by School of Liberal Studies and School of Development Studies of Ambedkar University, New Delhi on 1 September 2017 from 2 PM to 6 PM. Preeti Sampat introduced the event with clippings from the documentary ‘Narmada Diary’ directed by Anand Patwardhan in 1995. A photo exhibition ‘SOS: From the archives of NBA’ was curated by Ishita Sharma and Shiv Ahuja along with the launch of a zine (publication). Powerful performance by Nikita Maheshwari riveted the crowd as she created a sense of doom around the creation of big dams. Swati and Akshara collaborated with the audience and everyone sang along from the lines of the iconic Bhagwan Manjhi song ‘Gaon Chodab Bahi’. The event was concluded with a vibrant interaction between students of the university and Madhuresh Kumar from NAPM.

Courtesy: www.narmadaandolan.org

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Synopsis & List of Dates in NBA Writ Petition, July 31, 2017 https://sabrangindia.in/synopsis-list-dates-nba-writ-petition-july-31-2017/ Tue, 01 Aug 2017 04:08:47 +0000 http://localhost/sabrangv4/2017/08/01/synopsis-list-dates-nba-writ-petition-july-31-2017/ SYNOPSIS & LIST OF DATES                   That the Present Writ Petition is being filed under Article 32 of the Constitution by concerned citizens to invoke the extraordinary powers of this Hon’ble Court, in the interest of justice to grant relief to thousands of tribal’s, farmers, women and children located in 192 villages of the State […]

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SYNOPSIS & LIST OF DATES

                  That the Present Writ Petition is being filed under Article 32 of the Constitution by concerned citizens to invoke the extraordinary powers of this Hon’ble Court, in the interest of justice to grant relief to thousands of tribal’s, farmers, women and children located in 192 villages of the State of Madhya Pradesh who are at the verge of being forcibly evicted for the impounding of the Sardar Sarovar Project at any time before 31.07.2017, without there being amenities and facilities available at the rehabilitation sites, including drinking water, proper shelter, primary medical and educational facilities, provisions for sewage and drainage and without many PAFs having received their entitlements.
                 
                  This massive eviction by using force by the State Government, in such circumstances, will not only be in violation of the constitutional rights but, will also be a historical grave injustice done to thousands of these poor villagers.
 
                  These affected persons, in the process of development, are losing their villages and houses where they and their forefathers were living for generations. For the sacrifice which these people are making, they are at least entitled to the minimum relief, namely, to treat them with human dignity, so that their family and children are not exposed to vagaries of the rainy season. They must have a place with basic amenities and facilities and sufficient time to shift and settle down at the staid place.
        
                  After acquainting with the complete facts, including the judgments of this Hon’ble Court and the order dated 08.02.2017; the Petitioners herein have consciously decided to approach this Hon’ble Court for larger public interest, ex debit justified.
 

12.12.1979     Narmada Water Disputes Tribunal Award (hereinafter referred to as the “NWDTA”) was pronounced deciding the rights and liabilities of the 3 states. Inter alia, the NWDTA provided that each eligible ousted from whom more than 25% share of landholding was acquired and the adult sons of such families shall be entitled to 2 hectares of irrigable land, house plots and civic amenities in rehabilitation villages; rehabilitation must be ensured 6 months before submergence and in no event shall submergence precede rehabilitation. For the purpose of the present Petition, the relevant provisions of the NWDTA with regard to rehabilitation before 6 months of submergence and on R&R sites being ready are quoted below:
            
                      “Clause XI:
             ……….
 
         IV (2) (ii): Madhya Pradesh and Maharashtra shall set up adequate establishments for land acquisition and rehabilitation of oustee families. Gujarat shall deposit within three months of the decision of the Tribunal Rupees ten lakh each with Madhya Pradesh and Maharashtra in advance towards cost of establishment and rehabilitation in these States to be adjusted after actual costs are determined Madhya Pradesh and Maharashtra shall start land acquisition proceedings for areas below RL 106.68 meters (RL+ 350′) within six months of the decision of the Tribunal and convey the lands to Gujarat for project purposes within three years of the decision of the Tribunal. Within 18 months of the decision of the Tribunal, Gujarat shall make an advance payment of Rs. 70 lakhs to Madhya Pradesh and Rs. 100 lakhs to Maharashtra towards the compensation of land, to be adjusted after actual costs are determined.
 
         IV(2) (iii) : Regarding the oustee families from areas above RL 106.68 meters (RL + 350′), Gujarat shall intimate to Madhya Pradesh and Maharashtra within six months of publication of the decision of the Tribunal in the official Gazette the number and general location of rehabilitation villages proposed to be established by Gujarat in accordance with the decision of the Tribunal. Within one year of the receipt of proposal of Gujarat, both Madhya Pradesh and Maharashtra shall intimate to Gujarat the number of oustee families willing to migrate to Gujarat. The three States by mutual consultation shall determine within two years of the decision of the Tribunal, the number and general location of rehabilitation villages required to be established by Gujarat in its own territory. Madhya Pradesh and Maharashtra shall intimate to Gujarat the number of such villages to be established in Madhya Pradesh and Maharashtra and for which Gujarat would be required to make payments to Madhya Pradesh and Maharashtra respectively.
 
         IV (2) (iv): Gujarat shall acquire and make available a year in advance of the submergence before each successive stage, irrigable lands and house sites for rehabilitation of the oustee families from Madhya Pradesh and Maharashtra who are willing to migrate to Gujarat. Gujarat shall in the first instance offer to rehabilitate the ousters in its own territory.
 
         IV (3): Gujarat shall also provide the following grants and amenities to the ousters:-
(a)    Resettlement Grants (Rehabilitation Grant) – Gujarat shall pay per family a sum of Rs. 750 inclusive of transportation charges as resettlement grant.
 
(b)    Grant-in-aid
 
        In addition, Gujarat shall pay per family grant-in-aid in the following scale-where total compensation is received  Grant-in-aid Above Rs. 2000/-     Nil Between Rs. 2000/- and Rs. 500/-   Rs. 500/- less an amount equal to one-third of the compensation in excess of Rs. 500/- Less than Rs. 500/-Rs. 500/-
 
(c)    Civic amenities
1. One primary school (3 rooms) for 100 families.
2. One Panchayat Ghar for every 500 families.
 
3. One Dispensary for every 500 families.
 
4. One seed store for every 500 families.
 
5.  One Children’s park for every 500 families.
 
6.  One village pond for every 500 families.
 
 
7. Drinking water well with trough for every 50 families.
 
8. Each colony should be linked to main road by roads of appropriate standard.
 
9.  One platform for every 50 families.
 
10. Every oustee family shall be entitled to and allotted a house site i.e. a plot of land measuring 18.29 x27.43m. (60′ x 90′) free of cost. In addition, a provision of 30% additional area for roads, Government buildings, open space etc. shall be made by Gujarat under civic amenities.
 
11. The State of Gujarat shall make the following provision for rehabilitation in Madhya Pradesh and
                      Maharashtra:-
(a) Resettlement – – – Rs.750/-per family
(b) Grant-in-aid – – – Rs.500/-per family
(c) Acquisition of land for resettlement of families affected @ 0.40 hectares (one acre) for 6 families Rs. 1500/- per acre
 
(d) Civic amenities
 
1.    One primary school @ 100 families Rs. 30,000/- each
 
2.    One Community Hall-cum-Panchayat Bhavan @ 500 families Rs. 20,000/- each
 
3.    One Dispensary @ 500 families Rs. 25,000/- each
4.    One seed store @ 500 families Rs. 10,000/- each
 
5.    One Children’s Park @ 500 families Rs. 6,000/- each
 
6.    One well with trough @ 50 families Rs. 10,000/- each
 
7.    One pond @ 500 families Rs. 20,000/- each
 
8.    One tree platform @ 50 families Rs. 1,500/- each
 
9.    One religious place of worship @ 100 families Rs. 1,000/- each
 
10. Construction of approach roads and link roads for Abadies 3 km.per every new Abadi. Rs. 30,000/-per Km.
 
11. Electrical distribution lines and street lights 2 km. per 100 families Rs. 11,000/- per km.
 
12. Social amenities for each municipal town going under submergence, viz, water supply and sanitary arrangements layout, leveling of site etc. Rs. 5, 00,000/- each town
 
              IV (4) (i): Gujarat is directed to provide for rehabilitation and civic amenities as per directions contained herein above in Sub-clause IV (3) in its estimate for B-Land compensation and rehabilitation.
 
              IV(4) (ii) : Notwithstanding the provisions hereinbefore contained, Gujarat shall not be liable to pay any compensation for the loss of public properties, facilities or amenities such as drinking water wells, primary school buildings, internal roads, village sites, approach roads, dispensaries, Panchayat buildings, rural electrification, highway, bridges, telegraph lines, power lines etc. if corresponding alternative properties, facilities or amenities are to be provided at the cost of the Sardar Sarovar Project. The party owning the facility shall have the option to accept compensation for utilities as existing or ask for their replacement or relocation at the cost of Gujarat.
 
              IV (5): It is made clear that the monetary values in Clause IV(3)(c) are liable to be changed at the time of actual rehabilitation. Where any dispute or difference arises as regards the changed valuation the matter shall be determined by Arbitration in the manner provided in Clause III (2) above and Gujarat’s liability shall stand altered accordingly.
 
              IV(6)(i): In the event of Gujarat being unable to resettle the oustees or the oustees being unwilling to occupy the area offered by Gujarat, Madhya Pradesh and Maharashtra shall make such provisions for rehabilitation, civic amenities etc. on the lines mentioned in Clauses IV(1) to (4) above. Gujarat shall, in that event, be liable to pay all such expenses, costs etc., arising out of or in connection with rehabilitation and provision of civic amenities for the oustees including the cost of all acquisition proceedings and payment of compensation etc., as per the Land Acquisition Act, for the land allotted to oustees, for cultivation and habitation.
 
              IV(6)(ii): In no event shall any areas in Madhya Pradesh and Maharashtra be submerged under the Sardar Sarovar unless all payment of compensation, expenses and costs as aforesaid is made for acquisition of land and properties and arrangements are made for the rehabilitation of the oustees therefrom in accordance with these directions and intimated to the oustees.
 
              V (3)(iii): Gujarat shall at each successive stage of submergence intimate to Madhya Pradesh and Maharashtra the area coming under submergence at least 18 months in advance. The inhabitants of the area coming under the respective stages of the submergence will be entitled to occupy or use their properties without being required to pay anything for such occupation and use till the date to be notified by the State concerned which date shall not be less than six months before submergence. They must vacate the area by the notified date.”
09.08.1991 This Hon’ble Court in B.D Sharma v. Union of India and Ors. [1992 Supp (3) SCC 93] was pleased to direct that the  rehabilitation should be completed at least six months before submergence:
         
          “7. Rehabilitation should be so done that at least six months before area is likely to be submerged, rehabilitation should be complete and should be in respect of homestead substitution of agricultural property and such other arrangements which are contemplated under the rehabilitation Scheme.”
18.10.2000 This Hon’ble Court in the case of Narmada Bachao Andolan v. Union of India  [(2000) 10 SCC 664] directed the authorities to comply with the NWDTA, R&R Policies, Action Plans, and directions of the Grievance Redressal Authorities (GRAs). While holding that R&R is a part of Article 21 of the Constitution of India. It was held that further raise in the dam height (beyond 90 meters) will be only pari passu with the implementation of the relief and rehabilitation measures and that the affected persons will be better off  after displacement.
 
For the purpose of the present petition, Paras 151 and 152 which deals with R&R sites and Para 62 and 241 which ensures “better-off” rehabilitation and Para 245 about the implementation of NWDTA, are important and they read as follows:
 
       “62. The displacement of the tribals and other persons would not per se result in the violation of their fundamental or other rights. The effect is to see that on their rehabilitation at new locations they are better off than what they were. At the rehabilitation sites they will have more and better amenities than which they enjoyed in their tribal hamlets. The gradual assimilation in the main stream of the society will lead to betterment and progress.
 
       151.  The displacement of the people due to major river valley projects has occurred in both developed and developing countries. In the past, there was no definite policy for rehabilitation of displaced persons associated with the river valley projects in India. There were certain project specific programmes for implementation on temporary basis. For the land acquired, compensation under the provisions of Land Acquisition Act, 1894 used to be given to the project affected families. This payment in cash did not result in satisfactory resettlement of the displaced families. Realising the difficulties of displaced persons, the requirement of relief and rehabilitation of PAFs in the case of Sardar Sarovar Project was considered by the Narmada Water Disputes Tribunal and the decision and final order of the Tribunal given in 1979 contains detailed directions in regard to acquisition of land and properties, provision for land, house plots and civic amenities for the re- settlement and rehabilitation of the affected families. The re-settlement policy has thus emerged and developed along with Sardar Sarovar Project.
 
       152. The Award provides that every displaced family, whose more than 25% of agricultural land holding is acquired, shall be entitled to and be allotted irrigable land of its choice to the extent of land acquired subject to the prescribed ceiling of the State concerned with a minimum of two hectares land.       Apart from this land based rehabilitation policy, the Award further provides that each project affected persons will be allotted a house plot free of cost and        re settlement and rehabilitation grant. The civic amenities required by the Award to be provided at places of re-settlement include one primary school for every 100 families, one Panchayat Ghar, one dispensary, one seed store, one children’s park, one village pond and one religious place of worship for every 500 families, one drinking water well with trough and one tree platform for very 50 families; approach road linking each colony to main road; electrification; water supply, sanitary arrangement etc. The State Governments have liberalised the policies with regard to re-settlement and have offered packages more than what was provided for in the Award e.g the Governments of Madhya Pradesh, Maharashtra and Gujarat have extended the R&R benefits through their liberalised policies even to the encroachers, landless/displaced persons, joint holders, Tapu land (Island) holders and major sons (18 years old) of all categories of affected persons.        The Government of Maharasthra has decided to allot one hectare of agricultural land free of cost even to unmarried major daughters of all categories of PAFs.
 
       241 …….It is not fair that tribals and the people in un-developed villages should continue in the same condition without ever enjoying the fruits of science and technology for better health and have a higher quality of life style. Should they not be encouraged to seek greener pastures elsewhere, if they can have access to it, either through their own efforts due to information exchange or due to outside compulsions. It is with this object in view that the R&R plans which are developed are meant to ensure that those who move must be better off in the new locations at Government cost. In the present case, the R&R packages of the States, specially of Gujarat, are such that the living conditions of the oustees will be much better than what they had in their tribal hamlets.
 
       245. …..This Court, as a Federal Court of the country specially in a case of inter-State river dispute where an Award had been made, has to ensure that the binding Award is implemented. In this regard, the Court would have the jurisdiction to issue necessary directions to the State which, though bound, chooses not to carry out its obligations under the Award. Just as an ordinary litigant is bound by the decree, similarly a State is bound by the Award. Just as the execution of a decree can be ordered, similarly, the implementation of the Award can be directed. If there is a short fall in carrying out the R&R measures, a time bound direction can and should be given in order to ensure the implementation of the Award.”
 
01.09.2003 This Hon’ble Court in N.D. Jayal & Anr. v. Union of India & Ors., [reported as 2004 (9) SCC 362] held that rehabilitation being part of Article 21 of the Constitution, should take place six months before submergence. The relevant paragraph of the above judgment is quoted below for ready reference:
          “60. Rehabilitation is not only about providing just food, clothes or shelter. It is also about extending support to rebuild livelihood by ensuring necessary amenities of life. Rehabilitation of the oustees is a logical corollary of Article 21. The oustees should be in a better position to lead a decent life and earn livelihood in the rehabilitated locations. Thus observed this Court in Narmada Bachao Andolan case [(2000) 10 SCC 664]. The overarching projected benefits from the dam should not be counted as an alibi to deprive the fundamental rights of oustees. They should be rehabilitated as soon as they are uprooted. And none of them should be allowed to wait for rehabilitation. Rehabilitation should take place before six months of submergence. Such a time-limit was fixed by this Court in B.D. Sharma v. Union of India [1992 Supp (3) SCC 93] and this was reiterated in Narmada [(2000) 10 SCC 664]. This prior rehabilitation will create a sense of confidence among the oustees and they will be in a better position to start their life by acclimatizing themselves with the new environment.”
 
15.03.2005 In another Writ Petition, being WP© NO. 328 of 2002 filed challenging the increase in height from 90 to 95 mts, this Hon’ble Court in Narmada Bachao Andolan v. Union of India [reported as (2005) 4 SCC 32], accepted that PAFs were not rehabilitated and that the R&R was to be done pari passu with construction. It was also affirmed in Para 44 by this Hon’ble Court that as per the NWDTA, irrigable lands and house-sites are to be given to the oustees one year before submergence and that notice for vacation of lands are to be given after completion of R&R and 6 months before submergence. Paragraph 44 of the judgment reads as follows:
         
          “44. In terms of NWDT award, the irrigable lands and house sites were required to be made available to PAFs one year in advance of the submergence and requisite amenities were also to be provided. Further, the notices for vacation of the lands are to be given after completion of the R&R of PAFs on or before 31st December i.e. 6 months before actual submergence (likely on the 1st of July of the next year)”
 
08.02.2017 This Hon’ble Court in I.A. Nos. 42-43, 50-51 & 52-53 in Writ Petition (Civil) No. 328 of 2002, after taking notice of Justice S.S. Jha Commission Report as to how the implementation of Special Rehabilitation Package has perpetuated the illegality and corruption, and resultantly in pauperization of the PAFs and keeping in view the fact that the PAFs have been denied land for land, this Hon’ble Court awarded a sum of Rs. 60 lakhs to those entitled to land for land to enable them to purchase the land of their choice. This Hon’ble Court also granted Rs.15 lakh to the other category of PAFs who were duped in the process of implementation of Special Rehabilitation Package. This Hon’ble Court further directed the PAFs to approach the GRAs with any grievance with regard to the amenities in the R&R Sites within one month from the date of the order. This Hon’ble Court further directed that in case such a representation is made, and is accepted by the concerned Grievance Redressal Authority, the concerned State Government would implement the recommendation, as expeditiously as possible, without raising any unnecessary objection. In case, if any of the PAFs are not satisfied with the recommendations made by the Grievance Redressal Authority (on the representation, or alternatively, if no decision is taken thereon, within three months of registration of such representation), it was said that it would be open to the PAF, to pursue its cause before a Court of competent jurisdiction, in consonance with law. This Hon’ble Court also affirmed the findings of the Justice Jha Commission and quoted the following conclusion of the Justice Jha Commission Report with regard to R&R sites:
 
          “The quality of construction was very poor without any planning. No geographical mapping was done before selecting the R&R sites whereby cultivable good black cotton soil is converted into house building sites for residential plots. There was a faulty policy of not establishing a laboratory to test the soil for carrying out constructions on the black cotton soil. The construction was done on the R & R sites on common maps and designs of the building. Superior officers had never cared to visit R & R sites to examine the construction work. The Government has found 40 engineers responsible for substandard quality of construction, but has not cared to rectify the defect after finding the substandard construction. Most of the places the expenditure on construction has gone waste as the R & R sites are not occupied by the oustees or they are occupied by very few PAPs and PAFs. Thus, the expenditure on these sites is waste of money.”
         Thus, it is clear that it was an accepted position that the R&R sites are in a bad condition and that amenities provided as per the NWDTA have not been made available in the R&R sites. After giving a time frame within which all R&R requirements were to be fulfilled, this Hon’ble Court held that the lands in question would thereafter be vacated by 31.07.2017.
 
06.03.2017-01.04.2017 In pursuance of the order dated 08.02.2017 passed by this Hon’ble Court, PAFs filed complaints pointing out the lack of even basic amenities and facilities at the various R&R sites.
 
25.04.2017 The GRA did not decide the individual grievances of the PAFs but passed a general Order in regard to the R&R, wherein it was held:
        
         “as far as the question of providing all amenities at the rehabilitation sites of displaced farmers is concerned, the Commissioner of Narmada Valley Development Authority is directed to get all R&R site inspected by competent officials and if there is any deficiency in the provision of basic amenities, the same should be completed within a time period of 2 months and the compliance report be submitted to the GRA”
The NVDA and other authorities have not complied with this order of the GRA.
 
25.05.2017 NVDA issued a notification in the Gazette of the State of Madhya Pradesh stating that as per the directions of this Hon’ble Court dated 08.02.2017, it is mandatory for the oustees to vacate their land falling within the submergence area.
 
  It is submitted that  this Hon’ble Court was pleased to pass the order dated 08.02.2017, being conscious of the fact that rehabilitation has to be completed much ahead of  submergence. It was never the intention of this Hon’ble Court to fix a date, which enables the State Government to take unjust advantage by denying the rehabilitation, amenities and facilities to thousands of oustees. It is submitted that this Hon’ble Court, with the solemn hope, that the concerned authorities will complete the R&R in all respects and provide all the requisite facilities and amenities at the R&R sites, envisaged the date 31.07.2017
 
         It is submitted that far from providing amenities and facilities, even proper shelter at the R&R sites does not exist, which is evidenced from the fact that the tin sheds have been put up at the R&R sites. It is submitted that forcible eviction of the 40,000 PAFs from 192 villages on or before 31.07.2017 in such circumstances, would be in gross violation of not only the right to life guaranteed to them under Article 21 of the Constitution of India, but would also violate the rule of law.
 
22.07.2017 HENCE THE PRESENT WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA.

 

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Forcible Displacement of Adivasis in Narmada basin: SC Intervenes https://sabrangindia.in/forcible-displacement-adivasis-narmada-basin-sc-intervenes/ Tue, 01 Aug 2017 03:38:26 +0000 http://localhost/sabrangv4/2017/08/01/forcible-displacement-adivasis-narmada-basin-sc-intervenes/ No Forcible displacement without full compliance with all orders by the Apex Court, urge prominent citizens. SC agrees to hear plea on August 9 In a major relief to the anti-dam Narmada Bachao Andolan (NBA) led by well-known social activist Medha Patkar, the Chief Justice of India will be hearing Sardar Sarovar project-related cases on […]

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No Forcible displacement without full compliance with all orders by the Apex Court, urge prominent citizens. SC agrees to hear plea on August 9

In a major relief to the anti-dam Narmada Bachao Andolan (NBA) led by well-known social activist Medha Patkar, the Chief Justice of India will be hearing Sardar Sarovar project-related cases on August 8, 2017, especially the NBA plea that there cannot be any forcible displacement without full compliance with all the orders by the Supreme Court. Meanwhile, the hunger strike by Patkar and others activists continues into its sixth day. Those on hunger strike include Gayatri Bahen, Kadmaal, Vimla Bhai, Khaparkheda, Dharmendra Kanhera, Khaparkheda, Bhagwati Bahen, Nisarpur, Manjula Bai, Nisarpur, Pushpa Bai, Nisarpur, Rameshwar Awalda, Bau, Awalda, Rukmani bai, Nisarpur, Chota Badda, Sevanti Bai, Chota Barda, all of whom are representatives of various sections and categories of the displaced Sardar Sarovar affected families.

The decision follows the Supreme Court on Monday hearing what the NBA considers as “serious concerns” over massive displacement due to the decision to take waters in the Sardar Sarovar dam to the full reservoir level, 138.64 meters, by closing the dam’s 30-odd gates.

Two legal interventions, a special leave petition (SLP) against the interim order of the High Court of Madhya Pradesh and  a writ petition praying for the SC’s intervention in staying any displacement or forcible eviction until relief and rehabilitation has been completed were filed and heard yesterday. In these legal interventions, prominent citizens have relied upon the detailed analysis of the Narmada Bachao Andolan that has documented that 40,000 project affected families (PAFs) are yet to be rehabilitated and moreover that the the resettlement and rehabilitation (R&R) sites in the state do not have all basic amenities and hence it is impossible for thousands of families to shift to such sites.

The writ petition under Article 32 (right to life) was filed by eminent persons, including former Justice Panachand Jain, Kuldip Nayar, Aruna Roy, Hanan Mollah, Manoranjan Mohanti, Soumya Dutta and Annie Raja, with the prayer to save all the displaced farmers and landless. The petition prays for

a)    Appropriate Writ/Order/Directions to the Respondents to complete the Resettlement and Rehabilitation of the PAFs of the Sardar Sarovar Project, including providing all the amenities and facilities at the R&R sites in consonance with the NWDTA, judgments of this Hon’ble Court and Art. 21 of the Constitution;
 b)     Appropriate Writ/Order/Directions to the Respondents not to evict the PAFs of the Sardar Sarovar Project, till the time the R & R is completed in all respects and the R&R Sites are ready with all the amenities and facilities and that reasonable time is given to them to shift by providing required help by the State”

The SLP, that challenges a June 2017 Order of the Madhya Pradesh High Court, says that the state government has still not complied with the Supreme Court order dated February 8, 2017, and R&R packages for farmers have not been implemented in at least 50% of cases. It added, instead of R&R amenities, temporary resettlements of tin sheds in thousands have been planned. Besides, the PAFs’ cultural and religious needs are not being taken care of in the proposed sites.

Both petitions was listed before Justice R Nariman and Justice S Kaul, but the bench forwarded it to the Chief Justice, whose order of February 8, 2017 is under reference.
The Chief Justice heard senior advocates Sanjay Parikh and Prashant Bhushan, assisted by advocate Clifton Rozario immediately. He was told about “serious crisis” and “huge scale” of displacement and impact on up to 40,000 families as and when floods take place.

The Chief Justice agreed to hear the case, in spite of a writ petition pending before the High Court, and fixed the date of August 8, 2017.

In a communique, the NBA said, it welcomes the openness shown by the Apex Court by taking cognizance of the serious issues and situation that would lead to violation of right to life and devastation of age-old communities and their resources. NBA further said, the Government of India, and the governments of Madhya Pradesh and Maharashtra, must “immediately decide against any violence and brutal forcible eviction of a few lakh people. There should be no filling of reservoir with water to drain the life and livelihood.”

 The Supreme Court on July 31 heard the serious concerns over massive displacement due to Sardar Sarovar. The SLP against the interim order of the High Court of MP contented that the R&R sites in MP don’t have all basic amenities and hence it’s impossible for thousands of families to shift to such sites. It is non compliance of the Supreme Court’s order dated 8.2.2017, since the packages for farmers are not paid to 50% and more families and instead of amenities, temporary resettlement of thousands into the tin sheds is what is planned. The cultural, religious sites and amenities are almost all in the original villages.

The Writ Petition under article 32 was filed by the eminent persons including Justice Panachand Jain, Kuldip nayar, Aruna Roy, Hanan Mollah ji, Manoranjan Mohanti, Soumya Dutta and Annie Raja with Prayer to save all the displaced farmers to landless from both the petitions were today listed before the Justice R. Nariman and Justice S Kaul when the Bench forwarded it to the bench of Chief Justice whose order of February 8, 2017 is under reference.

The Chief Justice then heard Senior advocates Sanjay Parikh and Prashant Bhushan assisted by Clifton Rozario immediately, on July 31, the cut-off date for the release of the dam waters. The CJI was told about the serious crisis and huge scale of displacement and impact on anywhere upto 40,000 families depending on floods.

The Chief Justice of India then agreed to hear the cases, in spite of one Writ Petition pending before the High Court and fixed the dates of August 8th, 2017.
Narmada Bachao Andolan welcomes the openness shown by the Apex court that has taken cognizance of the serious issues and the situation that would lead to violation of Right to Life and bring the devastation of age old communities and their resources.

The writ petition states:
“08.02.2017 passed in IA Nos. 42,43,50-51 & 52-53 in Writ Petition (C) No. 328 of 2002, this Hon’ble Court acknowledged that land for land as envisaged in the Award was not given to the PAF’s and therefore, as an alternative, directed payment of Rs.60 lakhs to enable the PAFs to purchase lands. To another category of oustees, who were duped because of faulty Special Rehabilitation Package policy of the State, a sum of Rs.15 lakhs was directed to be given to them.
 
For resettlement sites, it was observed that affected persons should approach the GRA and thereafter, to the Competent Court i.e. the High Court. True Copy of the Order dated 08.02.2017 passed by this Hon’ble Court in IA Nos.42, 43, 50-51 & 52-53 in Writ Petition (C) No. 328 of 2002 has also been annexed to the petition.

Further, the petition reads that,
“…from facts which have been gathered by the Petitioners, it is clear that the payment of 60 lakhs and 15 lakhs have not been received by large number of oustees. The rehabilitation sites are in very bad conditions and are not habitable. The government has now issued work orders for repair and for other works at the rehabilitation sites. The State Government is however, forcing the oustees i.e. tribals, women and children to vacate their villages on the ground that in the order dated 08.02.2017, this Hon’ble Court has fixed a deadline of 31.07.2017.”

The entire writ petition may be read here.

Further, the NBA has also expressed concerns that neither the Government of India, Government of MP and Maharashtra resort to any violence and brutal forcible eviction of  a few lakh people. There should be no filling of reservoir with water to drain away lives and livelihood, the NBA has added.

Meanwhile, the fast of Medha Patkar with 11 others is to continue for justice, non violence and democratic humane development. Gayatri bahen, Kadmaal, Vimla Bai, Khaparkheda, Dharmendra Kanhera, Khaparkheda, Bhagwati Bahen, Nisarpur, Manjula Bai, Nisarpur, Pushpa Bai, Nisarpur, Rameshwar Awalda, Bau, Awalda, Rukmani bai, Nisarpur, Chota Badda, Sevanti Bai, Chota Barda, all the representatives of various sections and categories of the displaced Sardar Sarovar affected are on fast with commitment to the cause and determination.

A detailed chronology of the struggle against displacement may be read here.

Related articles:
1. 10 Lakh Trees, 86,300 a Century Old, will be Submerged when 192 Villages Go Under: Narmada
2. Narmada Bachao Aandolan: 31 Years that Changed the Development Discourse
 

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4.48 Lakh Indians Displaced by Violent Conflict: Norway Report https://sabrangindia.in/448-lakh-indians-displaced-violent-conflict-norway-report/ Sat, 27 May 2017 07:34:30 +0000 http://localhost/sabrangv4/2017/05/27/448-lakh-indians-displaced-violent-conflict-norway-report/ Violent clashes displaced 4.48 lakh in India; communal, caste conflicts led to "smaller" displacement: Norway report   Estimating that a huge 4.48 lakh people were displaced in India due to internal conflicts and violence in India last year, a new report, jointly prepared by the Internal Displacement Monitoring Centre (IDMC) and the Norwegian Refugee Council […]

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Violent clashes displaced 4.48 lakh in India; communal, caste conflicts led to "smaller" displacement: Norway report
 

Estimating that a huge 4.48 lakh people were displaced in India due to internal conflicts and violence in India last year, a new report, jointly prepared by the Internal Displacement Monitoring Centre (IDMC) and the Norwegian Refugee Council (NRC) has said that there are 7.96 internally displaced persons (IDPs) in the country.

The report points out that it was displacement caused by violent secessionist movements has primarily been associated with the National Socialist Council of Nagaland and the Assam movement, as well as the ongoing war between militants and the state in Kashmir”, the report states, “Identity-based autonomy movements have also caused displacement in many parts of India, including the states of Telangana and Assam.”

The report does not rate communal and caste conflicts to have led to large-scale displacements. It says, “Localised inter-communal violence between Hindus and Muslims, for example in Gujarat, has resulted in smaller-scale displacement, as have caste disputes in states such as Bihar and Uttar Pradesh.”

It is developmental  projects that are the cause of largescale displacement, “as part of India’s rapid development and industrialization”, the report, which is titled “Global Report on Internal Displacement”, says, “The large-scale acquisition of land and the eviction and displacement of tens of millions of people over the past decades, not only for the purpose of building dams, mines and industrial plants, but also for other objectives such as urban renewal and environmental conservation.”

Especially singling out “the most controversial cases is the Sardar Sarovar dam”, the report states, “Approved in 1984, the project had displaced an estimated 350,000 people in Gujarat, Madhya Pradesh and Maharashtra by 2015.”

 


 
“In addition to the government’s indifference to the adverse impacts of displacement, extreme inequality in land ownership, insufficient implementation of laws and policies to protect indigenous lands, the power imbalance between project implementers and the affected communities, and the government’s severe approach to dissent are some of the key factors that enable and perpetuate displacement in the context of development projects”, the report states.

Pointing out that “there is a strong link between development projects and conflict”, the report says, “Most of India’s land conflicts arise from state takeovers, often on behalf of private investors”, adding, “The adverse social and environmental impacts of development projects implemented through large-scale land acquisitions with minimal (if any) consultation and compensation have fuelled tensions, violence and conflict over land access and use.”

“As a result”, it says, “Non-state armed groups have gained support from some marginalised communities affected by development projects. Meanwhile, despite numerous state-level housing policies and schemes, limited access to adequate housing in urban and rural areas continues to increase people’s vulnerability to displacement associated with natural hazards.”

Estimating that about 70 million people were displaced development projects between 1947 and 2010, and regretting that data on those displaced since 2010 is not available, the report underlines, only about “a third of the displaced people have been resettled in a planned manner, but their locations are unknown and their resettlement is not a durable solution.”

As for the reminder, the report says, they have “to fend for themselves”, adding, “Many of those who were not settled elsewhere ended up living in informal settlements surrounding New Delhi, Kolkata and other cities, or moving in with nearby relatives, and some have returned in cases where projects have not materialised. Compensation has been paid in cash or land in some cases, but it has often been insufficient for people to restart their lives.”

 

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Pushed Aside: Displaced for ‘Development’ in India https://sabrangindia.in/pushed-aside-displaced-development-india/ Fri, 15 Jul 2016 07:28:13 +0000 http://localhost/sabrangv4/2016/07/15/pushed-aside-displaced-development-india/ Of the 40.8 million people internally displaced by conflict and violence worldwide, by end 2015, a significant section is from India. During the year, conflict, violence and disasters caused 27.8 million new incidents of internal displacement in 127 countries. More than 19.2 million were triggered by rapid onset natural hazards in 113 countries and 8.6 […]

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Of the 40.8 million people internally displaced by conflict and violence worldwide, by end 2015, a significant section is from India. During the year, conflict, violence and disasters caused 27.8 million new incidents of internal displacement in 127 countries. More than 19.2 million were triggered by rapid onset natural hazards in 113 countries and 8.6 million by conflict and violence in 28 countries. So called business ventures and development projects are also major causes.

These are the findings of a well researched report,  Pushed Aside: Displaced for Development released yesterday, July 2016. The report has been brought out by  the Internal Displacement Monitoring Centre (IDMC) and Norwegian Refugee Council

 The report examines nine cases of displacement caused by development in the states of Gujarat, Jharkhand, Kerala and the national capital territory of Delhi. They reveal failed regulation, inadequate enforcement and harm to communities that extend to other cases elsewhere in India. They show that land acquisitions have pushed people aside with no regard for their rights or needs for decades. They are the result of government indifference and a failure to monitor the human rights impacts of projects and establish accountability mechanisms to address them.

Key Findings
One. Government power over land and its severe approach to dissent are key factors in enabling and perpetuating displacement in the context of development projects. Land acquisitions are facilitated by the exploitation of “public interest” to justify project approval, the use of “special economic zones” to circumvent legal safeguards, inaccurate land categorisation, prejudice against the poor and working classes, and lack of transparency. With international evictions standards not adhered to, indigenous peoples’ rights are not respected, and those affected face a power imbalance when trying to assert their rights.

Two. The authorities’ indifference to – and neglect of – the adverse human and socio-economic impacts on the displaced and society at large lead to a fall in living standards and fractured social networks. IDPs’ access to livelihoods becomes more difficult after eviction and income levels, food security, health and education suffer as a result. Housing conditions deteriorate because compensation, resettlement assistance and rehabilitation support are insufficient or not provided. Women and indigenous peoples tend to suffer the adverse effects of displacement disproportionately.

Three Data on the patterns of IDPs’ movement and their progress towards durable solutions is inadequate, leading to underestimates of the scale and consequences of displacement. Patterns of movement are not documented because nationwide data on the number, location and needs of those displaced is not publicly available, whether they are resettled or not. In many cases however, displacement tends to become protracted and durable solutions are rare. The case studies for this report contribute to the global evidence base on displacement caused by development. The detrimental impacts of development projects in India highlight the need to address the issue in key policy agendas and discussions. Despite IDPs’ awareness of their rights and resistance to their eviction and displacement, they will not escape poverty without significant external support and systemic changes to social and economic policies. The findings of the case studies can help to inform the implementation of new and upcoming UN frameworks on sustainable development at the national and local level, such as the 2030 Agenda for Sustainable Development and the New Urban Agenda. Both agendas commit to “leave no one behind” and explicitly include IDPs. They could also be used to inform the creation and revision of corporate and financial institutions’ policies on displacement and resettlement, and the work of UN mandate holders, treaty body committees and agencies. Global development agendas should ensure that while development projects may alleviate poverty for some, they should not at the same time create new poor or heighten the existing economic vulnerabilities of those evicted. Neglecting those evicted and displaced would undermine the achievement of global development goals. The timescale for planning and implementing projects provides ample opportunity to avoid or minimise displacement, and to put measures in place to ensure that those who are displaced achieve durable solutions.

By providing a first-hand account of development projects and business activities that have caused displacement across India, this report documents and analyses the scale, process and impacts of this phenomenon. It contributes to the existing body of evidence on this type of displacement and aims to raise awareness among policy-makers, business elites, academics, NGOs and operational decision-makers at the national and international level.
 
The report can be read here

This report was researched and written by Nadine Walicki and Marita Swain. Others involved in the process include Miloon Kothari (MIT DRAN), Shivani Chaudhry (HLRN), Balaji Pandey (ISED), Bhudev Bhakat (SBMS), Sejal Patel (CEPT), Indu K (CDS), S Irudaya Rajan (CDS), Persis Ginwalla, Madhuresh (NAPM) and Hari Mohan Mathur (CSD). Thanks to Jeremy Lennard for editorial assistance. Cover photo: Families still awaiting permanent resettlement since their eviction more than eight years ago from the Sabarmati Riverfront Development Project in Ahmedabad, Gujarat. The Ganeshnagar interim resettlement site has an estimated 7,500 residents living next to the city waste collection area and under high tension power lines. Credit: IDMC/Marita Swain, March 2016
 
2 The impacts on the lives of people driven from their homes or land by such ventures can be just as severe in terms of scope and duration as those experienced by people displaced by conflict, violence and disasters. These internally displaced people (IDPs) suffer a range of human rights violations, including their rights to adequate housing, land, food, water, health, education and freedom of movement. Displacement caused by development projects tends to affect the poorest and most marginalised groups, and – paradoxically – makes inequality worse rather than better.3 It also causes tensions that in some cases have fuelled violent conflict, and with it further displacement. In its efforts to paint a comprehensive global picture of the nature and scope of internal displacement, in 2015 IDMC institutionalised its work on that caused by development and business activities. The issue was introduced in IDMC’s 2016 Global Report on Internal Displacement as a trigger in need of specific attention. IDMC has gathered information on it since the organisation was founded in 1998, but this report represents IDMC’s first formal attempt to investigate, conceptualise and analyse the phenomenon. IDMC chose to focus on India for two reasons. First, the number of people reportedly displaced by development projects in the country is among the highest in the world. Such displacement has been taking place for decades in many parts of the country, in both urban and rural areas, and as a result of different types of projects, offering a range of cases to study.
 

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