Over the last one year, villagers of Ghati in Gadchiroli have kept timber out of the forest department’s reach, saying it belongs to them under the provisions of the FRA, short for Scheduled Tribes and Other Traditional Forest-Dwellers (Recognition of Forest Rights) Act. The FRA recognises their rights only on non-timber minor forest produce but the villagers have interpreted it to include all trees. They say minor forest produces like mahua,...
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Difficult problem, difficult solutions by Ritu Kant Ojha
This is a unique situation. For governments, development authorities, lenders and borrowers alike. On Wednesday, a Supreme Court (SC) Bench headed by Justice GS Singhvi upheld a verdict of the Allahabad High Court that quashed acquisition of 176 hectares of land from farmers in Greater Noida stating that the authorities were “sub-serving” private builders in the name of public interest. Land purchased from the government was always considered ‘clean’. This verdict,...
More »Govt ignores NAC on land bill
-The Asian Age The draft Land Acquisition (Amendment) Bill being vetted by the Union law ministry maintains the 70:30 formula — a private developer has to acquire at least 70 per cent of the land, the remainder to be done by the government. This goes against the National Advisory Council proposal that the government acquire 100 per cent of land, while West Bengal chief minister Mamata Banerjee’s stand is that...
More »The Battle for Land: Unaddressed Issues by Avinash Kumar
The episodes of violence in land acquisition by the government, as witnessed recently in Bhatta-Parsaul in Uttar Pradesh and in other states earlier, occur because patterns of violence are inbuilt into the process. Despite a bill pending in Parliament since 2007, there has been little effort by political parties to evolve a consensus on acquisition of agricultural land for non-agricultural purposes. The law as at present and also the provisions...
More »Whose land is it anyway? by Shubhashis Gangopadhyay
The West Bengal govt's role as a non-market intermediary in an essentially private land transaction is questionable The West Bengal government has passed a new legislation that transfers the land back to those who refused to accept the compensation that they were offered during the acquisition of their lands for the Tata Nano factory. The Tata group has promptly gone to court claiming that this is an unconstitutional Act. Surely one...
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