PETITIONS

IN THE COURT OF

CENTRAL EMPOWERED COMMITTEE

(CONSTITUED BY THE HON’BLE SUPREME COURT OF INDIA

IN WRIT PETITION NO. 202/95 AND 171/96)

 A. No. 944 in A. No. 839

Index

Application raising concerns about

the Indira Sagar (Polavaram) Dam proposed to be constructed

across the Godavari river in Andhra Pradesh

1. This application is made raising objections to the proposal for construction of the dam across the  Godavari at Polavaram, also described as Indira Sagar.

2. We are impleading in the application because the concerns raised by us before the District Collectors during the public hearing were neither addressed nor did we receive any replies. The grounds that we are raising have not been addressed at all during the Environmental Impact Assessment for the project.

3. It is therefore just and necessary to hear our arguments and seek replies from the Respondents before passing any orders.

   Grounds

4. Forest as defined by Supreme Court of India – was sought to be applied to Andhra Pradesh, a committee was formed, of which Dr. P Sivaramakrishna, Director of Sakti, was a member and recommended the inclusion of a large extent of area, particularly in Bhadrachalam. To carry the process forward, the Forest Department was to obtain satellite imagery to record the existence of forest and include and protect. But this was not done citing paucity of funds. Much of the area that is to be submerged under the Polavaram dam is not only reserved forest but also forest as defined by the Hon’ble Supreme Court of India. On this forest, a large number of tribes are dependent for their livelihood as well as for food. Submersion of this area would require that compensatory afforestation should be taken up for this area also. The EIA failed to consider this issue. Details of land area should be called for to record the extent of forest land being submerged and a GIS survey should be immediately taken up to identify the land to be considered as “forest” by the decision of the Hon’ble Supreme Court of India. A copy of the recommendations of the Committee is enclosed (Supreme Court of India in W.P.(Civil No.171 of 96 – Constitution of expert committee on forest etc. – final report submitted) (Annexure – I)

5. Unless the government takes responsibility for the tribals to rehabilitate them, they will have no option but to move into the upper reaches of the rich forests of Papikonda Wildlife Sanctuary and end up degrading the pristine forest. Appropriate rehabilitation requires certain minimum conditions to be fulfilled for the tribals. In this connection, a letter addressed to the Secretary, Irrigation, by the National Commission on Scheduled Tribes remained unanswered till date, but the project is being pursued with undue haste, without regard to the consequences which may end up degrading the forest and silting the dam. (Copy of letter from National Commission of Scheduled Tribes on ST - Annexure - II)

6. A series of dams are under construction on the river Godavari. A study by Andhra University (published in Current Science Vol. 87, No. 9) warns that the flows into the Godavari have diminished. As a result, the sea water is intruding into the land and some villages have even become eroded and got inundated by sea water in the recent past. While all these projects are being proposed, how much water will finally enter the sea is not quantified or mentioned anywhere by the government or in the EIA. Unless minimum flow is maintained, the intrusion of sea water will become extensive as has already happened in the Krishna delta.  (Coastal erosion and habitat loss along the Godavari delta front – a fallout of dam construction(?) - B. Hema Malini and K. Nageswara Rao, Annexure – III)

7. Where is the water? The report of government of Andhra Pradesh, Irrigation & C.A.D. Department, Polavaram Project (Telugu Godavari Sujala Sagaram), Polavaram Barrage investigation Circle, Rajahmundry – 1986 p.no.4 (Annexure – IV) mentions that only 10% of the water in the Godavari is contributed by Sabari. It is claimed widely that Polavaram dam is not unjust to Telangana because only the water from Sabari is being harnessed in the proposed dam along with flood waters coming from upper reaches of Godavari. There are FIVE hydro-electric projects already built on Sileru. Every year, during the second crop, electrical generation is stopped since water is released to irrigate the crops in the Godavari Delta.

8. So the dependable source of water is only Sabari for which reason, the location has been identified below the confluence of Sabari with Godavari. Based on this projection of water flow, how is the huge size, displacement of over 2 lakh people and massive financial outlay justified?

9. Even according to the National Commission for Integrated Water Resources Development, 1999 on page 192:

a)      Although the present studies indicate the need for only limited transfer from Godavari towards the South, the Commission would like to stress the limitations of these studies.  The possibility of the mean flows, as assumed in the present study, being overestimated has been brought out earlier.   Also, the deficit and marginally surplus basins may require maintenance of higher flows than those adopted in the downstream reaches.  Accordingly, balances have also been worked out on the basis of 60 percent use of the 'difference'.  There are some uncertainties about the ground water estimation also.  In view of these limitations and uncertainties, the Commission is of the view that further studies as to the future possibilities of interbasin transfer in the east flowing rivers,  need to be continued.

b)      It may be pointed out that Orissa and andhra Pradesh have claimed that all the waters of Mahanadi and Godavari could be utilised within the basins and that there are no surpluses.  Leaving aside the legal issues, the Commission is unable to agree with this view.  The water balance study (Table 7.3) is based on a several fold increase in irrigated area over and above the present irrigated areas, for example, in the case of Mahanadi, irrigated area increased from 2.02 to 7.617 M ha and in case of Godavari from 4.12 to 14.072  M ha.  It is most unrealistic to postulate that technically and economically feasible schemes can be planned to irrigate more areas within the basins.

c)      The Godavari Water Disputes Award envisaged construction of a dam at Inchampalli with an inter-state agreement between Andhra Pradesh, Madhya Pradesh and Maharashtra.  Andhra Pradesh million unit of energy annually.  The high would submerge an area of 92,555 ha and displace over one lakh people.  An alternative has been proposed to build a low dam at Inchampalli with pond level of 95 m to lift water from Godavari to meet the demand of Warangal plateau and to transfer certain quantum (6.31 km3) of water from Godavari basin to Krishna basin.  In view of the magnitude of the human problem involved in rehabilitation, it will be more appropriate to go for a low dam, and utilise about 6.3 km3 of additional water.  This could be used partly in Krishna basin and partly transferred farther to Cauvery and Vaigai.  Studies have to be made to find out the optimal quantity of transfer to individual basins and to examine how far the existing links can be utilised to effect such transfers.

- Report of, tc "Report of "The National Commission for Integrated, tc "The National Commission for Integrated "

water resources development 1999tc "water resources development "

10. We made representations to the Collectors of East Godavari, West Godavari and Khammam districts as part of the Public hearing for Polavaram project. We also sent a representation to the members of the Forest Clearance Committee of the Min. of Env. Forests, GoI and also to the members of the visiting team of experts during their visit to Devipatnam.  Apart from an acknowledgement from one of the members, there has been no response to the issues raised by us before these forums. (Annexure – V).

Prayer

11. To direct the Andhra Pradesh Forest Department to carry forward the process of identifying the areas that fall within the meaning of “forest” as defined by the Hon’ble Supreme Court of India. Only after completing this process by acquiring and interpreting satellite imagery of 1996 (year of Supreme Court order) that the area for compensatory afforestation can be correctly determined. Until this is done, the project should not be allowed to proceed.

12. To direct the Irrigation Department to quantify the minimum water flow that will flow in the Godavari after the dam is constructed.

13. To direct the Irrigation Department to clearly show the ayacut that is to be served by the construction of the dam, particularly in view of the above comments of the National Commission for Integrated Water Resources Development.

14. To direct the Irrigation Department to show if the concerns raised in the letter from the National Commission on Scheduled Tribes have been addressed and if not, to direct the Irrigation Department to do so prior to starting any work on the project.

15. To seek a reply from the National Commission on Scheduled Tribes whether the issues raised in the letter mentioned above __ addressed adequately.

16. To direct the Irrigation Department to reply to the concerns raised in the research paper published in Current Science.

17. To direct the Irrigation department not to proceed with the project until the above issues are settled by the CEC / Hon’ble Supreme Court.

18. Such further orders or directions be given as the Hon'ble Supreme Court may deem fit and proper in the circumstances of the case.

Date: 11-07-2006,

Place: Hyderabad.

Yours faithfully,

Dr. P. Sivaramakrishna

Director,

SAKTI

Affidavit

 

I, Dr. P. Sivaramakrishna, Director, SAKTI, do hereby take oath and state as under:

1. This is to certify that the facts mentioned in the complaint from para 1 to 18      are true to the best of my knowledge and belief and the last para is prayer to the Central Empowered Committee.

2. The documents are the copies of the original documents.

3. That the above affidavit is true and correct and nothing material has been concealed there from.

Signature of the complainant

Dr. P. Sivaramakrishna,

Director, SAKTI, 305, Janapriya Abode,

Gandhinagar, Hyderabad – 500 080.

Ph: 040 – 66614787 (o) 040-66627893 (r)

saktisrk@yahoo.com

Verification:

I, Dr. P. Sivaramakrishna, do hereby verify on oath that the content of paras 1 to 3 of my affidavit are true and correct to my personal knowledge. There is nothing material concealed therein and no part is false to the best of my knowledge.

Verified at Hyderabad on 11-07-2006

Further Affidavit in the

WRIT PETITION NO. 202/95 AND 171/96)

A. No. 944 in A. No. 839

Index

Further Affidavit following the Site Visit to Papikonda WLS area

Importance of the Rehabilitation and Resettlement (R&R)

Policy for Polavaram project

in the interest of forest conservation

1.     The entire area that will be submerged under the proposed project is notified in the V Schedule of the Constitution of India as a Scheduled area.

2.     About 125,934 tribals making up 53.17% of the total oustees are to be displaced by the submergence of the lands on which they are living at present (Annexure I - Demographic profile of people facing displacement under Indira Sagar (Polavaram Dam) village wise.). Today most of them are landless, surviving on podu (shifting) cultivation or on minor forest produce. Most of the Tribal lands in plain areas have been encroached and occupied by the non-tribals (Annexure-II: Draft tribal sub-plan 1990-91, Tribal Welfare Department, Govt. of Andhra Pradesh, Hyderabad, Jan-1990 page No.30 from the Chapter protection and dev. of tribal land base in the tribal sub-plan area.

3.     If the tribals are not properly rehabilitated, they will move to the higher areas and continue to exploit forest resources leading to degradation of rich forests even in the most inaccessible parts. If the present project intends to give the tribals a fair chance at settling into the national mainstream, the R&R package that is to be offered must be very attractive and implemented transparently and quickly.

4.     If the R&R is not accepted readily, the forest will be threatened by continuing degradation lead to accelerated silting of the dam.

What is provided in G.O.Ms.No.68 dated: 0008-04-2005Irrigation & CAD (Project Wing) Rehabilitation and Resettlement (R&R) Policy for Government of Andhra Pradesh - Issued.  (Annexure–III & IV ) is not an improvement over the earlier G.O.Ms.No.64 dated: 18.4.90 SOCIALWELFARE (T) DEPARTMENT- Tribal Welfare - Rehabilitation - Displacement and dispossession of tribals due to projects, Industries, Mines, Wild life sanctuaries etc - Safeguards and rehabilitation thereof - consolidated instructions - Issued. (Annexure V). For example, present G.O.68/05 provides 150 sq yards for house site, which is about 3 cents of land whereas, the earlier G.O.64/90 provided for 5 cents of land for a house site. One of the conditions of GO 64/90 was that R&R must be completed prior to commencement of construction of the project, which should also be a part of GO 68/2005

5.     Some of the better provisions of GO 64/90 are:

(viii) Wherever it is unavoidable to take up scheme involving submergence of tribal lands, rehabilitation shall be taken up on land to land basis and even if the extent of land lost by a tribal family cannot be entirely made good by alternative land, it must be ensured that some land is provided so that the family is not completely uprooted from its traditional occupation.

(ix) If adequate land cannot be provided, employment should be provided at least to one member of each family displaced. The list of displaced tribals and their dependents should be put on rolls of the project and if necessary, they should be sent for requisite training. If the displaced tribals cannot be accommodated within the projects, efforts shall be made to find jobs for them in other sister projects as well as in the Govt.

(xiv) A substantial training programme of entrepreneurial skills, with follow up in helping and getting financial support, marketing outlets, supply of raw materials etc shall be built up at the time of execution of the projects, for the displaced and dispossessed tribals.

(xv) The displaced persons who come under the category of landless poor may be allowed to continue to cultivate the lands acquired at their own risk without detriment to the project as such if land acquired is not put to use by the requisitioning authority.

6.     Over and above what is provided by GO 68/05, the following minimum requirements should be fulfilled:

a.      GO 68/05 does not offer land to all families, but makes it optional for the government to offer land or monetary compensation. The order must be amended to make provision of Land a MUST to every tribal family or follow GO 64/90 and give a job in lieu of land. There is a history of lacunae in recording rights of tribals in forests as well as on revenue lands.  The tribal should not be made to pay for this. It is a well known fact that whatever cultivable land is there in tribal areas is also occupied by non-tribals.

b.     There should be no insistence on giving land only to settlement pattadars and not to other Scheduled Tribe families. ALL ST families MUST be given land, 2.5 Hectares of dry land or 1.25 Hectare of wet land.

c.     Criteria for family should be a nuclear family unit.

d.     The tribals once uprooted from traditional habitat become landless. Even the new land will require significant investment for them to successfully take to the relocation and not return to the high forest once again. For this, they should be treated as landless under clause 6.10 of GO 68/05 and the amount eligible should be treated as Special additional provision for Land Development for tribal families.

e.      Tribal dependence on forests will force them back into the forests for their needs, which will lead to destruction of forests.  To provide for their needs, of land in new colonies should be located in the vicinity of existing forest area, which can be planted with bamboo and other preferred MFP species that the tribals traditionally rely on for day-to-day needs and income.  If such forestland is not available, then separate land over and above the house site and agriculture land should be acquired and earmarked as part of Compensatory Afforestation and allotted to each colony or for a block of colonies that are immediately adjacent. It should be ensured that house site, land and forest should be in a compact area that is accessible to tribals. Such afforested area, either existing forest or should be managed on the lines of VSS in the rest of the State, where only usufruct can be taken but not timber.

f.       Housing should be constructed only after due consultations with NGOs to explore appropriate designs and material use for the tribals, so that the area of the habitation can be increased. Reputed architects and engineers may be invited to take inputs on tribal lifestyles and produce such designs.

g.     Educated tribal youth, even if not beyond class 7, must be put in special schools to make them eligible for technical training / education at ITIs / Engineering college / Nurses training etc. A number of new such technical training institutes must be created in proportion to the population that will be resettled. A mechanism to monitor that the tribal youth are successfully trained and placed in jobs must be put in place.

h.     A body should be constituted to oversee the entire rehabilitation process.

7.     The GO had mentioned that the terms of R&R would be gazetted and notified village wise. But this has not been done so far. Details to be provided as mentioned in the GO are:

a.      Details of Extent of Government land available which may be allotted to PAFs in lieu of land acquired for the project

b.     Details of extent of patta land available in project benefited area that can be acquired for allotment to PAFs in lieu of land acquired for the project

c.     Details of the basic amenities and infrastructure facilities, which are to be provided for resettlement. 

d.     The time schedule for shifting and resettling the displaced families in resettlement zones

e.      Such other particulars as the Administrator for Resettlement & Rehabilitation may think fit to include

f.       Final publication of Scheme / Plan of R&R

                                                                          i.      The Administrator for Resettlement & Rehabilitation shall submit the draft scheme / plan for R&R to the State Government for its approval. It will be the responsibility of the State government to obtain the consent of requiring body before approving the same. The draft / scheme plan shall be published in the village / locality concerned. The draft scheme / plan shall also be published in the official Gazette to give wide publicity to the same in the affected zone.

                                                                        ii.      Upon notification of such scheme / plan, the same shall come into force.

8.     In the absence of compliance with the process set out in GO 68, as narrated above, there is a sense of fear and panic among the tribals threatened with displacement.

9.     A sense of doom is overcoming the tribals who are being instigated to fell the forests around them in vengeance before they are displaced. If a proper schedule as prescribed in the GO 68/05 is notified and adhered to, then there will be no scope for such mischief and destruction. The ones who are instigating such destruction are quietly enjoying the monetary benefits of this felling of timber. 

10. As a point of reference, I am submitting the R&R plan (Annexure-VI Rehabilitation plan for oustees of Surampalem reservoir 1). Detailed map of Surampalem reservoir project on cadastral (Revenue) 2). Rehabilitation colony for the house loosers of Donelapally village near Kondapalem in S.No.8 to 15 3). Rehabilitation colony for the house loosers of Kottada village in S.No.17 of Chinagarlapadu village.) for a minor irrigation reservoir in which the rehabilitation sites are clearly illustrated in the cadastral (revenue) map of the R&R site which includes Survey Nos., plot numbers and a list of PAFs to which each plot is allotted. This is a model that should be followed by incorporating the changes suggested above.

11.  Unfortunately, the above R&R policy was only partly implemented, while the project has been completed and water is going to be released in a week or so. If this situation is allowed to happen in Polavaram where the lives of so many families are at stake, then the consequences will be disastrous. The first casualty will be the forest, which will be attacked either in vengeance or in desperation for a pittance for survival. Thus a well thought out R&R along the lines suggested MUST be implemented to ensure the success of the project as well as to ensure that the interests of forest conservation are served.

Prayer

12.  to direct the Secretary, Irrigation Department (2^nd respondent) to come up with a more suitable R&R plan that is along the lines of GO 68,  addresses the concerns of the ST Commission and incorporate provisions that help to overcome the limitations pointed out by us in the interests of forest and wildlife conservation.

13.  to direct the Chief Secretary (1st Respondent) to submit copies of Gazette notifications of R&R plan for all the tribal villages that will be displaced.

14.  Such further orders or directions be given as the Hon’ble Supreme Court may deem fit and proper in the circumstances of the case.

Date: 05-08-2006

Place: Hyderabad

Yours faithfully,

Director

SAKTI

Affidavit

 

I, Dr. P. Sivaramakrishna, Director, SAKTI, do hereby take oath and state as under:

4.     This is to certify that the facts mentioned in the complaint from para 1 to 14  are true to the best of my knowledge and belief and the last para is prayer to the Central Empowered Committee.

5.     The documents are the copies of the original documents.

6.     That the above affidavit is true and correct and nothing material has been concealed there from.

Signature of the complainant

Dr. P. Sivaramakrishna,

Director, SAKTI, 305, Janapriya Abode,

Gandhinagar, Hyderabad – 500 080.

Ph: 040 – 66614787 (o) 040-66627893 (r)

saktisrk@yahoo.com

Verification:

I, Dr. P. Sivaramakrishna, do hereby verify on oath that the content of paras 1 to 3 of my affidavit are true and correct to my personal knowledge. There is nothing material concealed therein and no part is false to the best of my knowledge.

Verified at Hyderabad on 05-08-2006

Poster ( hard copy)

DRAFT TRIBAL SUB-PLAN

1990-91

TRIBAL WELFARE DEPARTMENT

GOVERNMENT OF ANDHRA PRADESH

JAN - 1990

* Total cultivable area                                                               48.29%

                                                                             (Excluding Visakhapatnam dist.)

ABSTRACT

Irrigation & CAD Department - Rehabilitation and Resettlement (R&R) Policy for Government of Andhra Pradesh - Issued.

-------------------------------------------------------------------------------------------------------

Irrigation & CAD (Project Wing) Department

G.O.Ms.No.68                                                                                    Dated the 8th April, 2005.

Order:

Compulsory acquisition of land for implementation of development and infrastructure projects displaces people from their homes, land and/or their means of livelihood. Apart from depriving them of their land, livelihood and resources base, displacement has other psychological, social and cultural consequences also. The Government recognize the need to minimize large scale displacement to the extent possible and where displacement is mevitable, the need to address the Issue of displacement with utmost care human touch and forethought. Such an approach is especially necessary in respect of Tribal, Small and Marginal farmers.

2. Various policies relating to the Resettlement and the Rehabilitation (R&R) of displaced persons have been in place from time to time, varying 'Tom project to project and district to district. The need has been felt for the evolution of                       a comprehensive policy on R& R to ensure uniformity of benefits across the State and also to ensure the delivery of benefits in a transparent manner.

3. A Committee was constituted by the Government vide G.O. Ms. No.70, irrigation & CAD (Projects Wing) Department, dated 15-07-2004 for preparation of draft R&R Policy for Government of Andhra Pradesh, The recommendations of the Committee were discussed in a State Level meeting comprising of major stake holders in the policy like the Department of Energy, Industries, Roads & Buildings, Environment, Forest, Science & Technology, Finance, Tribal Welfare, Law and Revenue. The State Level Meeting endorsed the recommendations of the Committee.

4. Government   after careful examination   of the   Committee recommendations as endorsed by State Level meeting hereby approve the Rehabilitation  & Resettlement Policy for Government of Andhra Pradesh enclosed   to   this order for  implementation   by  all   the   Departments  for Government of Andhra Pradesh.

5. It is further ordered that as per Section 8.5 of this Policy the provisions of G.O.    Ms. No. 98, Irrigation & CAD (Projects Wing) Department, dated 15-04-1986 and G.O. Ms. No. 64, Social Welfare (T) Department, dated 18-04-1990 and any other Government order/Memo Instructions issued by any olhei Deportment of" Government of Andhra Pradesh shall cease to operate as far as those Projects are concerned that are notified under this Policy.

(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)

MOHAN KANDA

CHIEF SECRETARY TO GOVERNMENT

To : All the Departments of Secretariat

All the District Collectors in the State.

All the Special Collectors of Irrigation Projects.

The Engineer-in-Chief (AW)/(Irrigation), Errum Manzil, Hyderabad

All the Chief Engineers of the Projects.

Government Of Andhra Pradesh

Resettlement And Rehabilitation

Policy 2005

For Project Affected Families

CHAPTER-I: POLICY

1.0         PREAMBLE:

Introduction

1.1  Compulsory acquisition of land for public purpose including infrastructure projects displaces people, forcing them to give up their home, assets and means of livelihood. Apart from depriving them of their lands, livelihoods and resource-base, displacement has other traumatic psychological and socio-cultural consequences. The Government of Andhra Prudesh recognizes the need to minimize large-scale displacement to the extent possible and, where displacement is inevitable, the need to handle with utmost care, human touch and forethought, issues relating to Resettlement and Rehabilitation of Project Affected Families. Such an approach is especially necessary in respect of tribal, small & marginal farmers and women.

1.2      The system of extending cash compensation does not, by itself, in most cases, enable the affected families to obtain cultivable agricultural land, homestead and other resources, which they have to surrender to the State. The difficulties are more acute for persons who are critically dependent on the acquired assets for their   subsistence livelihoods, such   as   landless   agricultural workers, forest dwellers, tenants and artisans, as their distress and destitution is more severe, and, yet they are not eligible for cash compensation.

1.3      The Policy essentially addresses the need to provide succour to the asset less rural poor, support the rehabilitation efforts of the resource poor sections, namely, small and marginal farmers, SCs/STs and women who have been displaced.  Besides, it seeks to provide a broad canvas for an effective dialogue between the Project Affected Families and Project Displaced Families    and    the    Administration    for    Resettlement    & Rehabilitation.   Such a dialogue is expected to enable   timely completion of projects with a sense of definiteness as regards costs and adequate attention to the needs of the displaced persons especially the resource poor sections.   The intention is to impart greater flexibility for interaction and negotiation so that the resultant Package gains all-round acceptability in the shape of a workable    instrument    providing    satisfaction    to    all stakeholders/ Requiring Bodies.

1.4    The GOAP Policy on the Resettlement and Rehabilitation of Project Affected Families and Project Displaced Families will be applicable to the projects as defined in this policy and upon notification under this policy.

1.5      Administrator for R&R shall implement this policy in letter and spirit in order to ensure that the benefits envisaged under the Policy reaches the Project Affected and Displaced Families, especially resource poor sections including SCs/STs.

Objectives of 

Policy

CHAPTER-II

2.0          OBJECTIVES OF THE POLICY

The objectives of the Policy are as follows: -

2.1       To minimize displacement and to identify non-displacing or least-displacing alternatives;

2.2       To plan the resettlement and rehabilitation of Project Affected and Displaced Families, (PAFs/PDFs) including special needs of Tribals and vulnerable sections;

2.3       To provide better standard of living to PAFs and PDFs; and

2.4       To facilitate harmonious relationship between the Requiring Body and PAFs through mutual cooperation.

Definitions

CHAPTER - III

3.0       DEFINITIONS

The Definition of various terms used In this Policy Document are au follows:

3.1       "Administrator for Resettlement and Rehabilitation" means an officer not below the rank of Joint Collector of the State Government appointed by it for the purpose of resettlement and rehabilitation of the Project Affected  Families of the Project concerned   provided  that   if  the   appropriate   Government  in respect   of   the   project   is   the   Central   Government,   such appointment shall be made in consultation with the Central Govt.

3.2                  "Affected zone", in relation to a project, means declaration under Para 5.1 of this Policy by the appropriate Government area of villages or locality under a project for which the land Is being acquired under Land Acquisition Act, 1894 or any other Act in force for the following areas:

(a)          Area falling under FRL contour

(b)          Dwelling House(s) falling within 100 meters of surface distance from FRL water line.

3.3                  "Agricultural family" means a family whose primary mode of livelihood is agriculture and includes family of owners as well as tenants/ sub-tenants of agricultural land, agricultural labourers, occupiers  of forest lands  and  of collectors  of minor forest produce;

3.4     "Agricultural labourer" means a person normally resident in the affected zone for a period of not less than three years immediately before the declaration of the affected zone who does not hold any land in the affected zone but who earns his livelihood   principally  by  manual   labour  on   agricultural   land therein immediately before such declaration and who has been deprived of his livelihood as ascertained through enquiry in the gram sabha;

3.5        "Agricultural land" includes lands used or capable of being used    for the purpose of-

(a)          agriculture or horticulture;

(b)          dairy farming, poultry farming, pisciculture, breeding or livestock      

               and   nursery growing medical herbs;

(c)          raising of crops, grass or garden produce; and

(d)          land used by an agriculturist for the grazing of cattle, but does not

              include land used for the cutting of wood only;

3.6         "Appropriate Government" means,-

(a)          in relation to acquisition of land for the purposes of the Union, the Central Government;

(b)         in relation to a project which is executed by Central Government agency/Central Government undertaking or by any other agency on the orders/directions of Central Government, the Central Government, otherwise the Stale Government and

(c)          in relation to acquisition of land for other purposes, the State Government.

3.7                                      "BPL Family": The Below Poverty Line Families shall be those as defined by the Planning Commission of India from time to time.

3.8     " Project" means the project(s) notified under this policy and displacing:

a.)         100 or more families en-mass in plain areas or

b.)         25 or more families en-mass in Tribal areas or in areas mentioned in Schedule V of the constitution of India from their lands and or houses.

3.9  "Commissioner for Resettlement and Rehabilitation", means the Commissioner for Resettlement and Rehabilitation appointed by the State Government not below the rank of Commissioner/Secretary of that Government.

3.10    "Family" means Family consisting of such persons as his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him and dependent on him for their livelihood.

3.11                                       "Holding"  means the total  land  held by a person as an occupant or tenant or as both;

3.12                                       "Marginal farmer" means a cultivator with an un-irrigated land holding up to one hectare or Irrigated land holding up to half hectare or combination of both on same principle;

3.13    "Non-agricultural labourer" means a person who is not an agricultural labourer but is normally residing in the affected zone for a period of not less than three years immediately before the declaration of the affected zone and who does not hold any land undor the affected zone but who earns his livelihood prlnclpully by manual labour or as a rural artisan Immediately before such declaration and who has been deprived of earning his livelihood principally by manual labour or as such artisan in the affected zone;

3.13                                       "Notification"  means a notification published  in the Official Gazette;

3.15  "Occupiers" means members of   Scheduled Tribe community in possession of forest land prior to 25lh October, 1980;

3.16     "Project affected family" means

(a)     a family whose source of livelihood are substantially affected by the process of acquisition of land for the project and who has been residing continuously for a period of not less than three years preceding the date of declaration of the affected zone or practicing any trade, occupation or vocation continuously for a period   of  not  less  than  three  years  in  the  affected  zone, preceding the date of declaration of the affected zone regardless of the fact whether they owned land or not.

(b)      a family whose more than 50% of land is acquired and left over land  after acquisition  is  below Ac.5.0 dry or Ac.2.5 wet or combination of both on above principle

(c)                    a Project Displaced Family

3.17  Project Displaced family" means any family, who on account of acquisition of his dwelling house in the village in the affected zone for the purpose of the project, has been displaced from such dwelling house.

3.18   "Resettlement zone", in relation to a project, means the declaration of any area under Para 5.12 of this Policy by the appropriate Government acquired or proposed to be acquired for resettlement of Project Displaced Families as a resettlement zone ;

3.19  "Requiring Body" shall mean any company, a body corporate, an institution, or any other organization for whom land is to be acquired by the appropriate Government, and includes the appropriate Government if the acquisition of land is for such Government either for its own use or for subsequent allotment of such land in public interest to a body corporate, institution, or any other organization or to any company under lease, license 01 through any other system of transfer of land to such company, as the case may be.;

3.20   "Small farmer" means a cultivator with an un-irrigated land holding of more than one hectare and up to two hectares or with an irrigated land holding of more than half hectare and up to one hectare or combination of both on same principle.

3.21   "Substantially affected" means where average annual income of PAF is likely to be reduced by more than 50% and Is likely to become BPL family due to acquisition of his land or others' land for the project, as compared to his average annual income in last throe years preceding the dute of notification, from land and or other sources of incomes

3.22  "Tribal areas" means areas as declared so by the Tribal welfare department, GOAP from time to time.

Administrator

R&R

CHAPTER – IV

4.0 APPOINTMENT OF ADMINISTRATOR AND COMMISSIONER FOR RESETTLEMENT AND REHABILITATION AND THEIR POWERS

&  FUNCTIONS

4.1                              Where the appropriate Government is satisfied that acquisition of land for any project involves displacement of families from their lands and or houses as a result of acquisition of land, It shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector of the State Government to be the Administrator for R&R in respect of that project.

            Provided that if the appropriate Government in respect of the project is the Central Government, such appointment shall be made in consultation with the Central Government.

4.2       The Administrator for Resettlement & Rehabilitation shall be assisted by such officers and employees as the appropriate Government may provide.

4.3      Subject to the superintendence, directions and control of the appropriate   Government   and   Commissioner   for   R&R,   the Administrator for Resettlement & Rehabilitation shall take all measures for the rehabilitation and resettlement of all project affected families(PAF) in respect of that project.

4.4.     The overall control and superintendence of the formulation of resettlement and rehabilitation plan and execution of the same shall vest in the Administrator, Resettlement & Rehabilitation.

4.5      Subject to any general or special order of the appropriate Government, the Administrator for Resettlement & Rehabilitation shall perform the following functions/duties:-

a)          minimize displacement of persons and identify non-displacing or least displacing alternatives in consultation with the requiring body ;

b)         hold consultation with the Project Affected Families while preparing a resettlement and rehabilitation scheme/ plan;

c)          ensure that interest of the adversely Project Affected Families of Scheduled Tribes and weaker section are protected.

d)          prepare a draft plan/ scheme of resettlement and rehabiiitatiQn

as required under Chapter V and VI of this Policy. Wherever tribal PAPs are involved, the draft plan/scheme shall be prepared in consultation with respective area Project Officer ITDA /DTWO.

e)                                       

prepare a budget including estimated expenditure of various components of acquisition of land, resettlement and rehabilitation activities or programmes in consultation with representatives of the Project Affected Families and requiring body for whom the land is acquired;

f)     acquire adequate land for the project and also for re-settlement and rehabilitation of the project affected families;

g)         allot land and sanction benefits to project affected families; perform such other functions as the appropriate Government may, from time to time, by order in writing, assign.

4.6   Administrator for Resettlement & Rehabilitation may, by order in writing, delegate such of the administrative powers conferred and duties imposed on him by or under this Policy to any officer not below the rank of RDO/Sub Collector or equivalent who will be called as R&R officer for the said project.

4.7     All officers and staff appointed by the appropriate Government under this Policy shall be subordinate to the   Administrator for Resettlement & Rehabilitation.

4.8                 The State Government shall appoint an officer of the rank of Commissioner/Secretary of that Government for resettlement and rehabilitation in respect of such projects to which this Policy applies to be called the Commissioner for Resettlement & Rehabilitation.

4.9     For   the   purposes   of   this   Policy,   the      Administrator   for Resettlement & Rehabilitation and other officers and employees appointed for the purposes of resettlement and rehabilitation of PAF shall be subordinate to the Commissioner forResettlement and Rehabilitation.

4.10   The  Commissioner shall  be responsible for supervising the formulation of resettlement and rehabilitation plans/schemes, proper implementation of such plans/schemes and redressal of grievances as mentioned in Chapter VII of this Policy. Wherever tribal  PAPs are involved,  Commissioner,  TW shall also be involved in above responsibilities and functions.

CHAPTER-V

5.0 SCHEMES/PLANS FOR RESETTLEMENT AND REHABILITATION

The procedure mentioned in this Chapter shall be followed for declaration of Affected Zone, carrying out survey & census of Project Affected Families, Assessment of Government land available and land to be acquired for the purpose of Resettlement and Rehabilitation, preparation of draft scheme, plan for R&R and its final publication.

5.1 The appropriate Government may, if it is of the opinion that acquisition of land for a project is likely to displace families from their lands and or houses, declare, by notification in the Official Gazette, area of villages or localities as an affected zone of the project and thereupon the contents of this Policy shall apply to the project involved.

5.2 Every declaration made under Para 5.1 of the Policy shall be published in at least two daily newspapers one of them should be in the local vernacular having circulation in villages or areas which are likely to be affected and also by affixing a copy of the notification on the Notice Board of the concerned Gram Panchayats and other prominent place or places in the affected zone.

5.3 Once the declaration is made under para 5.1 of the Policy, the Administrator for Resettlement and Rehabilitation shall undertake a socio-economic survey for identification of the persons and their families likely to be affected by the project.

5.4 Every survey shall contain the following village-wise information of the project affected families:-

a)      members of families who are permanently residing, practicing any trade, occupation or vocation in the project affected area;

b)      Project Affected Families who are likely to lose their house, agricultural land, employment or are alienated wholly or substantially from the main source of their trade, occupation or vocation.

c)      Agricultural labourers and non-agriculture labourers.

d)      Project Affected Families who are having possession of forestlands prior to 25th October, 1980, that are prior to the commencement of the Forest (Conservation) Act, 1980.

5.5 Every survey undertaken under Para 5.4 shall be completed within a maximum period of ninety days from the date of declaration made under para 5.1.

5.6 On the expiry of the period of ninety days as aforesaid or as earlier as possible, the Administrator for Resettlement and Rehabilitation shall publish a draft in the Gram Panchayat concerned the details of the findings of the survey conducted by him for inviting objections and suggestions from all persons likely to be affected thereby.

5.7 On the expiry of thirty days from the date of publication of the draft of the details of survey and after considering the objections and suggestions received by him in this behalf, the Administrator for Resettlement and Rehabilitation shall submit the final details of survey with his recommendations to the State Government.

Within forty-five days from the date of receipt of the recommendations of the Administrator for Resettlement & Rehabilitation, the State Government shall publish the final details of survey in the Official Gazette. A copy of such publication shall also be published in the Gram Panchayat concerned.

5.9 The Administrator for Resettlement & Rehabilitation shall ensure that the Project Displaced Families may be settled preferably in group or groups and such sites should form a part of existing gram panchayat as far as possible. However, it has to be ensured that the PDFs may be resettled with the host community on the basis of equality and mutual understanding, consistent with the desire of each group to preserve its own identity and culture.

Assessment of land available for Resettlement

5.10  For the purposes of para 5.9 above, the Administrator for Resettlement & Rehabilitation shall draw up a list of lands, which may be available in any existing Gram Panchayat or neighboring Gram Panchayat for resettlement of project displaced families.

5.11 The lands drawn up under para 5.10 shall consist of:-

a.)    Government wastelands or any other available for resettlement land vesting in theof project displaced Government Government families.

b.)   

If sufficient Government land is not available there, then land to be acquired for the purposes of resettlement (R&R center) scheme/plan. However, the Administrator for R&R should ensue that such acquisition of land should not lead to another list of affected families.

5.12 The appropriate Government shall, by notification, declare any area acquired or proposed to be acquired for resettlement of project-displaced families, as a resettlement zone.

5.13 The Administrator for R&R or any other officer empowered by Government, on behalf of the appropriate government, may compulsorily acquire lands required for re-settlement and rehabilitation of PAFs under the provisions of Land Acquisition Act, 1894.

5.14 After completion of base line survey and census of Project Affected Families and Project Displaced Families and nssessm of requirement of land for resettlement and rehabilitation, the Administrator for R&R shall prepare a draft scheme/plan for the Resettlement & Rehabilitation of the Project Affected Families and Project Displaced Families in consultation with representatives of Project Affected Families and Project Displaced Families including women, Chairpersons of elected Panchayati Raj Institutions within which the Project area is situated.

5.15 While preparing a draft scheme/Plan, the Administrator for R&R shall ensure that the cost of R&R scheme/Plan should be an integral part of the cost of the Project for which the land is being acquired and the entire expenditure of R&R benefits and other expenditure for resettlement and rehabilitation of PAFs are to be borne by the requiring body for which the area is being acquired.

5.16 It shall be the responsibility of the requiring body to provide sufficient funds to the Administrator for R&R for proper implementation of resettlement & Rehabilitation scheme/plan of Project Affected Families.

5.17 The Administrator for R&R shall keep proper books of accounts and records of the funds placed at his disposal and submit periodical returns to the Appropriate Government in this behalf.

5.18 Every draft scheme/Plan of resettlement and rehabilitation prepared shall contain the following particulars, namely:-

a)      the extent of area to be acquired for the project and the name(s) of the corresponding village(s).

b)      a village-wise list of Project Affected Families and likely number of displaced persons, family-wise and the extent and nature of land and immovable property in their possession indicating the survey numbers thereof held by such persons in the affected zone prior to acquisition of lands for the project and after acquisition of lands for the project;

c)      a list of agricultural labourers in such area and the names of such persons whose livelihood depend on agricultural activities;

d)      a list of persons who have lost or are likely to lose their employment or livelihood or who have been alienated wholly and substantially from their main sources of occupation or vocation consequent to the acquisition of land for the project;

e)      a list of occupiers, if any,

f)        a list of public utilities and Government buildings which are likely to be affected;

g)      a comprehensive list of benefits and packages which are to be provided to project affected families;

h)      details of the extent of land available which may be acquired in settlement area for resettling of the project displaced families;

i)        details of the extent of Government land available which may be allotted to PAFs in lieu of land acquired for the project

j)        details of the extent of patta land available in project benefited area that can be acquired for allotment to PAFs in lieu of land acquired for the project

k)      details of the basic amenities and infrastructure facilities which are to be provided for resettlement;

l)        the time schedule for shifting and resettling the displaced families in resettlement zones;

m)    such other particulars as the Administrator for Resettlement & Rehabilitation may think fit to include.

5.19 The Administrator for Resettlement & Rehabilitation shall submit the draft scheme/plan for R&R to the State Government for its approval. It will be the responsibility of the State Government to obtain the consent of requiring body before approving the same. The draft scheme/plan shall be published in the village/locality concerned. The draft scheme/plan may also be published in the Official Gazette to give wide publicity to the same in the affected zone.

5.20 Upon notification of such scheme/plan, the same shall come into force.

CHAPTER- VI

6.0       R&R BENEFITS FOR PROJECT AFFECTED FAMILIES

6.1 The resettlement and rehabilitation (R&R) benefits shall be extended to all the Project Affected Families and Project Displaced Families(PAF) whether belonging to below poverty line (BPL) or non-BPL except to the extent where specifically restrictions mentioned in the policy.

6.2 Free House site: Any Project Displaced Family (PDF) owning house and whose house has been acquired shall be allotted free of cost house site to a maximum extent of 150 sq mt of land in rural areas and 75 sq mt of land in urban areas.

6.3 Grant for House construction: Each PDF of BPL category who has been allotted free house site under section 6.2 shall get a one-time financial assistance of Rs.40,000 or as fixed by Government from time to time for house construction. Non-BPL families shall not be entitled to receive this assistance.

6.4 Allotment of Government land to PAFs, who become Small, or Marginal farmers or Landless after acquisition, in lieu of Acquired land: In case of allotment of waste/degraded or agricultural Government land, if available with in the District, in lieu of acquired land and if agreed by PAF for allotment of such land, each such PAF shall also get financial assistance of Rs.10,000 per hectare or as fixed by Government from time to time for land development and in case of allotment of agricultural land, Rs.5,000 per PAF or as fixed by Government from time to time for agricultural production shall be given.

However such allotment of Government land will be restricted to an extent of land acquired from PAF or 2.5 Ha of dry or 1.25 Ha wet land which ever is lesser.

Provided further that in such cases,

a.)    no compensation will be payable for the lands acquired from the PAF for the project, to the extent of Government land is allotted

b.)    no exgratia will be payable for the lands resumed from PAF for the project, to the extent of Government land is allotted

Land Acquisition officer shall pass the award for the lands acquired or resumed from PAF accordingly.

6.5 Allotment of land acquired by Government from the project benefited area to Schedule Tribe PAFs, who become Small, or Marginal farmers or Landless after acquisition, in lieu of Acquired land from them: Government may acquire land with in the project benefited area, as per guidelines issued by the Government from time to time such that no person should become small or marginal farmer or land less due such acquisition, for allotment of such land to ST PAFs (who become small or marginal farmers or landless due to acquisition of their land for the project), if such PAFs so desire, in lieu of lands acquired from them.

However such allotment will be restricted to the extent of land acquired from such PAFs or 2.5 Ha dry land or 1.25 Ha wet land which ever is lower. Further provided that in such cases,

a.)    no compensation will be payable for the lands acquired from the PAF for the project, to the extent of such land is allotted

b.)    no exgratia will be payable for the lands resumed from PAF for the project, to the extent of such land is allotted

Land Acquisition officer shall pass the award for the lands acquired or resumed from PAF accordingly.

6.6 The Land allotted under Para 5.2, 6.4 and 6.5 shall be free from all encumbrances. The Land allotted may be in the joint names of wife and husband of PAP.

6.7 Grant for cattle shed: Each PAF having cattle, at the time of acquiring his house, shall get financial assistance of Rs. 3000/-or as fixed by Government from time to time for construction of cattle shed in new settlement.

6.8 Grant for Transporting materials: Each PAF shall get lump sum one time financial assistance of Rs. 5000/- or as fixed by Government from time to time for transportation/shifting of his building materials, belongings and cattle etc. from the affected zone to the resettlement zone.

6.9 Income Generating Scheme Grant: Each PAF comprising of rural artisan/small trader and self employed person shall get one-time lump sum financial assistance of Rs.25,000 or as fixed by Government from time to time for construction of working shed/shop.

6.10 Wages if after acquisition land owner becomes land less: Each PAF owning agricultural land in the affected zone and whose entire land has been acquired shall get one-time financial assistance equivalent to 750 days minimum agricultural wages for "loss of livelihood" if no land is allotted in lieu of acquired land.

6.11 Wages if after acquisition land owner becomes marginal farmer: Each PAF owning agriculture land in the affected zone and who consequently becomes a marginal farmer shall get one time financial assistance equivalent to 500 days minimum agricultural wages if no land is allotted in lieu of acquired land.

6.12 Wages if after acquisition land owner becomes small farmer: Each PAF owning agriculture land in the affected zone and who consequently becomes a small farmer shall get one time financial assistance equivalent to 375 days minimum agricultural wages if no land is allotted in lieu of acquired land.

6.13 Wages to labourers: Each PAF belonging to the category of  agricultural labourer', or 'non-agricultural labourer' shall be provided a one time financial assistance equivalent to 625 days of the minimum agricultural wages.

6.14 Subsistence allowance to displaced family: Each PAF who is also a project displaced family shall get a one time subsistence allowance equivalent to 240 days of minimum agricultural wages. It will be in addition to any other benefit available to him as PAF.

6.15 In the case of acquisition of land in emergent situation such as under Section 17 of the Land Acquisition Act 1894 or similar provision of other Act in force, each PAF shall be provided with transit accommodation, pending resettlement and rehabilitation scheme. Such families shall also get R&R benefits as mentioned in above Paras under the Policy.

6.16 The Project Affected Families who were in possession of forest lands prior to 25th October, 1980 shall get all the benefits of R & R as given in above paras under the Policy.

6.17 The PAFs enjoying reservation benefits in the affected zone shall be entitled to get the same reservation benefits at the resettlement zone.

6.18 BASIC AMENITIES TO BE PROVIDED AT RESETTLEMENT CENTRE FOR PROJECTS;

While shifting the population of the Affected Zone to the Resettlement Zone, the Administrator for R&R may as far as possible, ensure that:

a) In case the entire population of the village/area to be shifted belongs to a particular community, such population/families may be resettled enmasse in a compact area so that socio-cultural relations (social harmony) amongst shifted families are not disturbed

b) The Re -settlement center shall be provided with the basic amenities and infrastructural facilities of Drinking water, Internal roads, Drainage, Electricity, Primary School Building, Playground, Community center and access road to the resettlement site. In addition to these facilities, the other community facilities which were available in the village, at the time of acquisition, shall also be provided.

6.19 R&R BENEFITS FOR PROJECT AFFECTED SCHEDULED TRIBES.

a) Each Project Affected Family of ST category shall be given preference in allotment of land.

b) Each Tribal PAF shall get additional financial assistance equivalent to 500 days minimum agriculture wages for loss of customary rights/usages of forest produce.

c) Tribal PAFs will be re-settled close to their natural habitat of their choice, to the extent possible, in a compact block so that they can retain their ethnic linguistic and cultural identity.

d) Tribal PAFs resettled out of the district or out side tribal area will get 25% higher R&R benefits in monetary terms.

e) The Tribal Land Alienated in violation of the laws and regulations in force on the subject would be treated as null and void and the R&R benefits would be available only to the original tribal landowner.

f) The Tribal families residing in the Project Affected Areas having fishing rights in the river/pond/dam shall be given fishing rights in the reservoir area.

6.20 CONSTITUTIONAL BENEFITS TO ST/SC/BC PAPs AT THE RE-SETTLEMENT CENTRE:

The PAPs shall enjoy all the constitutional benefits at new settlement also to which they were entitled to at the village that was acquired for the project.

CHAPTER-VII

7.0 DISPUTE REDRESSAL MECHANISM

7.1 R&R COMMITTEE AT PROJECT LEVEL

a) In respect of every project to which this Policy applies, the State Government shall constitute a Committee under the Chairmanship of the Administrator of that Project to be called the Resettlement and Rehabilitation Committee to monitor and review the progress of implementation of scheme/ plan of resettlement and rehabilitation of the Project Affected Families.

b) The Resettlement & Rehabilitation Committee constituted as above shall inter-alia include as one of its members: -

1) a representative of women PAP residing in the affected zone;

2) a representative each of the Scheduled Castes and Scheduled Tribes PAPs residing in the affected zone;

3) a representative of a voluntary organization;

4) a representative of the lead bank;

5) Chairperson of the PRIs located in the affected zone

6) MPs/MLAs of the area included in the affected zone

c) Procedure regulating the business of the Resettlement & Rehabilitation Committee shall be framed by the Appropriate Government.

7.2. GRIEVANCE REDRESSAL CELL:

a) In respect of every project to which this Policy applies, the State Government shall constitute a Grievance Redressal Mechanism under the Chairmanship of the Commissioner for Resettlement and Rehabilitation for redressal of grievances of the PAFs.

b) The composition, powers, functions and other matters relating to the functioning of the Grievance Redressal Mechanism shall be such as may be prescribed by the Appropriate Government.

c) Any Project Affected Family, if aggrieved, for not being offered the admissible R&R benefits as provided under this Policy, may move an appropriate petition for redressal of his grievances to the Grievance Redressal Mechanism.

d) The form and manner in which and the time within which complaints may be made to the Grievance Redressa! Mechanism and disposed of shall be such as may be prescribed by the appropriate Government.

7.3 The Grievance Redressal Mechanism shall have the power to consider and dispose of all complaints relating to resettlement and rehabilitation against the decision of the Administrator/R&R Committee at Project leve1 and issue such directions to the Administrator for Resettlement & Rehabilitation as it may deem proper for the Redressal of such grievances.

7.4 Commissioner for Resettlement and Rehabilitation may, by order in writing, delegate such of the administrative powers conferred and duties imposed on him by or under this Policy to any officer not below the rank of Joint Collector.

7.5 INTER-STATE PROJECTS:

a) In case a project covers an area in more than one State or a Inter-State Union territory where the Project Affected Families and Project

Projects Displaced Families are or had been residing, or proposed to be

resettled, the states and or GOI in consultation with each other, may appoint the Administrator for Resettlement & Rehabilitation and the Commissioner for Resettlement and Rehabilitation for the purposes of this Policy.

b) The method of implementation of plans/ schemes for resettlement and rehabilitation shall be mutually discussed by the State Governments and the Union territory administration and the common plan/ scheme shall be notified by the Administrator for Resettlement & Rehabilitation in the State or Union territory administration, as agreed.to, in accordance with the procedure laid down in this Policy.

c) If any difficulty arises in the implementation of the schemes/ plans, the matter shall be referred to the Central Government in the Ministry of Rural Development (Department of Land Resources) for its decision and the decision of the Central Government shall be binding on the concerned States and Union territory.

R&R Policy 2005

CHAPTER -VIII

8.0 MONITORING MECHANISM AND APPLICABILITY

8.1 STATE LEVEL MONITORING COMMITTEE:

The GOAP, Department of Revenue, shall cx.istitute a State Level Monitoring Committee, to be chaired by the Principle Secretary/Secretary, Department of Revenue for reviewing and monitoring the progress of implementation of resettlement and rehabilitation scheme/plan relating to all projects to which this Policy applies. The committee shall meet at least once in three months to review and monitor the implementation of R&R plan in all projects. The Committee will have the following or his nominee not below the rank of Joint Secretary as its members:

Secretary, Planning

Secretary, Social Welfare

Secretary, Tribal Welfare

Secretary, MA&UD

Secretary, PR&RD

Secretary, Housing

Secretary, Education

Secretary, Agriculture

Secretary, Women and Child Welfare

Secretary, Energy

Secretary, Law

Secretary, Finance

Secretary, Requisition Department (Convener)

State level NGO

Chief Engineer/Project Administrator - Special Invitee

8.2 THIRD PARTY CONCURRENT AUDIT OF IMPLEMENTATION:

Chairman State level committee shall put in place a mechanism for each project for third party concurrent audit of implementation of R&R plan. The audit report of such concurrent audit shall be placed before state level committee from time to time.

8.3 PROJECT LEVEL MONITORING COMMITTEE:

The Administrative Department of the project for which land is being acquired, shall constitute a Project Level Monitoring Committee, to be chaired by the District Collector of the district in whose jurisdiction the main component of the project lies, in case main component of Projects spreads over more than one district , senior most of the District Collectors shall chair the committee for reviewing and monitoring the progress of implementation of resettlement and rehabilitation scheme/plan relating to the project to which this Policy applies. The committee shall meet at least once in two months to review and monitor the implementation of R&R plan. The Committee will have following as its members:

Joint Collector IPO ITDA

R&R officer -RDO/Sub Collector of the division

SDC/ RDO/Sub Collector, Land Acquisition

Project Director, DRDA

Chief Executive Officer, Zilla Parishad

District Panchayat Officer

District Education Officer

District Medical and Health officer

District level representative of DISCOM

Superintendent, R.VS Panchayat Raj Department

Three members from PAPs, one at least women

One member from local NGO

Superintendent Engineer, Project site - Convener

APPLICABILITY OF POLICY

8.4 The Policy on the Resettlement and Rehabilitation of Project Affected Families and Project Displaced Families(PRR - 2005) shall come into effect from the date of issue of Government Order.

8.5 The projects to which this policy is made applicable, the provisions of GO Ms 98 Irrigation (Project wing) Department dated 15-04-1986 and G.O.Ms. No. 64 Social Welfare (T) Department dated 18.4.1990 or any other order issued by any other departments on this subject shall cease to operate from the date of commencement of this policy.

****

G.O.68 Tables (hard copy)

G.O.68 Tables (hard copy)

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Tribal Welfare - Rehabilitation - Displacement and dispossession of tribals due to projects, Industries, Mines, Wild life sanctuaries etc - Safeguards and rehabilitation thereof - consolidated instructions - Issued.

SOCIALWELFARE (T) DEPARTMENT

G.O.Ms.No.64                                                                                   Dt. 18.4.90

Read:-

1.         Govt. Memo. No. 34/Irr. VIII/86-1, Irr & C.A.D. Dept. dt.8.2.86

2.         Govt. Memo. No. 560/Irr. V1H/86-2, Irr & C.A.D. Dept. dt. 25.6.86

3.         G.O.Ms. No. 406, Ind & Com (M.IV) Dept dt. 16.7.86

4.         G.O-Ms. NO. 310 F.A.F(For. HI) dept. dt. 5.8.86

5.         G.O.Ms. No. 145, Irr & C.A.D. (Proj. Wing) Dept.dt. 24.6.88.

6.         From the D.T.W. D.O.Lr.No. 11580/SPEL/TRI/TWD,86, dt. 1.10.87,

ORDER

The tempo of economic development is increasing in the scheduled areas as the resource base of these areas acquired centrality in the new national economic frame. The dispossession and displacement of tribals on numerous counts is mounting in these sensitive areas which is creating conditions of discontent and unrest in some of the scheduled areas.

2.         The tribal people affected by some projects have been paid compensation for the land acquired in the tribal setting but some of the special features of tribal situation such as their association with the territory, their emphasis on community life and cooperation, non-monetised, self- sufficient and undifferentiated economy and self-governance have not been taken into consideration at the time of displacement and dispossession of the tribals while executing projects and establishing industries, wild life sanctuaries etc., so as to avoid social disorganisation and economic destitution of the affected tribals.

3.         The Government have carefully considered the entire question of acquisition of land for public purposes and rehabilitation of tribal people in the scheduled Areas to ensure that the tribal people in the scheduled areas enjoy the safeguards envisaged for them under the constitution of India and their interests are not compromised on any count whatsoever. 

The following orders are issued covering all the instructions issued earlier:-

(i)                There should no displacement of tribals nor any disturbance of tribal way of life for the purpose of execution of irrigation projects, mining activities, industries, establishment of wild life sanctuaries, etc.

(ii)             The flora and fauna in tribal areas which help the tribal economy should not be disturbed.

(iii)           Clearance of Tribal Welfare Department of the State shall be taken before taking up any schemes in the tribal areas of the state.

(iv)            No new Irrigation Schemes should be taken up, areas where there will be submergence of tribal land. In such cases, construction of major and medium irrigation projects shall be avoided to the extent possible and small check dams, lift-irrigation schemes etc should be taken up.

(v)               No projects including establishment of industries, mining projects wild life sanctuaries etc., shall be cleared in the scheduled areas unless detailed comprehensive plan for rehabilitation of the people adversely affected by the projects/including those directly displaced is prepared and the concerned authority satisfies the government that there is full administrative preparedness for the execution of the rehabilitation plan.

(vi)            The plan for the rehabilitation of affected families shall be prepared in association with the people adversely affected and in accordance with the guidelines contained in the annexure to this G.O. It shall he approved by the ITDA concerned and it must be ensured that the people have not only been fully compensated for the loss of their economic base but are also rehabilitated completely.

(vii)          The plan of rehabilitation shall form part of the Project Report and the entire cost of rehabilitation shall be the first charge on the project. If this cannot be done, the amount that is required for meeting the rehabilitation cost may be given by the Government either as grant or as equity depending upon the merits of each case.

(viii)       Wherever it is unavoidable to take up scheme involving submergence of tribal lands, rehabilitation shall be taken up on land to land basis and even if the extent of land lost by a tribal family cannot be entirely made good by alternative land, it must be ensured that some land is provided so that the family is not completely uprooted from its traditional occupation.

(ix)            If adequate land cannot be provided, employment should be provided at least to one member of each family displaced. The list of displaced tribals and their dependents should be put on rolls of the project and if necessary, they should be sent for requisites training. If the displaced tribals cannot be accommodated within the projects, efforts shall be made to find jobs for them in other sister projects as well as in the Govt.

(x)              The rehabilitation plan shall be executed under the direct supervision of ITD As concerned. The concerned department shall provide logistic support to the ITDA for implementation of the rehabilitation plan before dispossession and displacement of tribals.

(xi)            In cases the establishment of major/medium industries in tribal areas becomes inevitable in the national interest, such industries shall be set up by Government or Government undertakings but not before exhausting the possibility of involving the tribals in setting up such industries with the help of Government/Institutional support and if necessary by reducing the size and cost of the project, as the case may be.

(xii)         In case of acquisition of land in scheduled areas, the fixation of compensation may be based interalia on capitalised value of the income from the 'and and the preliminary valuation statement shall be approved by the Collector and Chairman of the ITDA concerned. The compensation paid may also be deposited in a bank preferably for a long term so as to enable the displaced families to derive certain income from the land compensation amount. In ease the tribal family decides to buy land elsewhere, with the compensation money it should be given necessary assistance by there habilitation agency ensuring that the alternative becomes a source of sufficient income.

(xiii)       Each land acquisition unit will have a rehabilitation cell which will work under the direct supervision of ITDA. This cell will identify the persons who are to be treated as dispossessed persons following the acquisition of land. The progress of rehabilitation of dispossessed and displaced families will be monitored by the ITDA concerned and the Tribal Welfare Department of the State Government in the same manner as the implementation of the project is monitored.

(xiv)        A substantial training programme of entrepreneurial skills, with follow-up in helping and getting financial support, marketing outlets, supply of raw materials etc shall be built up at the time of execution of the projects, for the displaced and dispossessed tribals.

(xv)           The displaced persons who come under the category of landless poor may be allowed to continue to cultivate the lands acquired at their own risk without detriment to the project as such if land acquired is not put to use by the requisitioning authority.