National Conference On Human Rights in India: Dalits, Tribals and Minorities

Theme: Development and Displacement

Topic: Law, Effectiveness and Ecology : The Role of Human Interaction
Rajesh Kumar Mishra1 and Abhishek Bansal2
Man is the creator and molder of his environment
As per the above quoted statement, it is rightly said that it is the man who is behind everything;
whether it may be the protection of environment or it may be the destruction of environment. In
this 21st century for any country, it is required that development should be there so that they can
compete with other nations. Without competition, a country cant move forward and hence it
should focus on its development. In order to fulfill the dream of becoming the no.1 country in the
world the counties try to destroy the environment and hence they are repeatedly trying to spoil
the ecological balance. Now a situation has arisen that we are putting ourselves in danger.
In the name of development we are degrading the environment continuously. In each and every
country, there should be 33% forest reserve. But in India it is just 19%. So we are facing serious
problems like drought, unusual rain fall, global warming etc. Apart from that now-a-days in the
name of development various lands are acquired which was used for farming; once upon a time.
Also at the same time people are being displaced from their land just because of construction of
dams and factories. So, at various point of time there exists a tussle between the displaced person
and those owners of factories and govt. remains as a silent spectator.
So, in this era of modernization we need to think about protecting environment. Only making
law wont help in this regard; rather proper implementation should be there. In this context, this
paper discusses various landmark cases relating to protection of environment and rights of
displaced persons within the country and outside the country. It also discusses the need of the
hour which is about the balancing of development and environment.
Keywords: Judicial Activism, Land Acquisition, Development, Displacement, Political,
Publicity, Landmark Cases etc.

1
2

5th year student of B.A. LL.B.(H) from Hidayatullah National Law University, Raipur, Chhattisgarh
1st year student of B.A. LL.B. (H) from Hidayatullah National Law University, Raipur, Chhattisgarh.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Theme: Development and Displacement

Topic: Law, Effectiveness and Ecology: The Role of Human Interaction
There is a sufficiency in the world for man's need but not for man's greed
~ Mohandas K Gandhi
Human beings are the ecologically dominant species in the whole ecosystem. With the gearing
up of industrial revolution, this human tendency towards nature became much stronger.
Eventually it led to Environmental Degradation, which is now one of the biggest problems, the
world is facing. Mans ambition for limitless enjoyment and comfort has led him towards the
exploitation of natures wealth so indiscriminately and so shamelessly as to reduce natures
capacity for self-stabilization. Mans voracious appetite for resources and his desires to conquer
nature has put him in collision course with the environment. The demand for this explosive
technological society imposes intense stress on the state of equilibrium with the environment.
The relationship between human beings and his environment has varied from time to time and
place to place.
In the modern time, with the increasing pressures on land due to urbanization, rapid economic
development, increasing infrastructure requirements etc., especially in a fast growing economy
like India, the acquisition of land by the Government has increased. Sacrificing a portion of land
is negligible compared to hundreds of villages acquired by the Indian government under doctrine
of Eminent Domain for Greater Good and development purposes, as a result of which, millions
of people become displaced from their homes. Not only is the idea of losing ones land without a
free consent problematic, the terms under which it is required to be given away still find their
legitimacy under the archaic laws.
Although at different times government has made various laws so as to acquire a portion of land
but it undermines the right of the tribal people who used to utilize that portion of land for their
survival. In this 21st century government tries to make more development but at the same time it
also hampers the rights of the indigenous people. So, here a question arises that should
development be there at the cost of displacement or there should be a balance between both the
activities so that there wont be any problem. Apart from that due to acquisition of a piece of
land and using it for the purpose of construction of dam or road also adversely affect the

National Conference On Human Rights in India: Dalits, Tribals and Minorities

environment. So, another question arises is it important to hamper the environment so as to make
development or without hampering environment cant we do development? All these matters are
specifically discussed in our research paper also we have critically analyzed the new land
acquisition act for the purpose of a deep study.
Land Laws in India
Land is that important natural resource upon which all human activity is based. So to survive in
this world obtaining a piece of Land is necessary. Years after years our country has seen a fight
between land owners and the govt. who tries to acquire the land by using its supreme position.
Land acquisition displaces people. It affects not just landowners, but others whose livelihoods
solely depend on the land. Displacement also has psychological and socio-cultural consequences.
While it is true that new development projects generate employment opportunities, there is a
mismatch between the skills of local people and skills typically required for the new jobs.
So to avoid all those consequences acquisition and requisition of property is made as a subject
enlisted in the Concurrent list vides VII Schedule of the Constitution of India. There are a
number of local and specific laws which provide for acquisition of land under them but the main
law that deals with acquisition is the Land Acquisition Act, 1894. The Ministry of Rural
Development is the nodal ministry in the Union Government to administer the central legislation
on land acquisition.
The Ministry of Urban Development is the nodal ministry which administers the Urban Land
(Ceiling & Regulation) Act, 1976 as well as the Urban Land (Ceiling & Regulation) Repeal Act,
1999. In the States, there are several Urban Development Authorities for overall development of
urban estates. Also, there are various departments, which deal with matters of land acquisition,
housing, infrastructure, town planning, etc., such as Department of Rural Development, Planning
Department, Land Department, etc.3
The Government of India recognizes the need to minimize large-scale displacement to the extent
possible and where displacement is inevitable, the need to handle with utmost care and
forethought issues relating to resettlement and rehabilitation of project affected families.
3

http://business.gov.in/land/index.php

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Accordingly, the Department of Land Resources, Ministry of Rural Development has formulated
a National Policy on Resettlement and Rehabilitation for Project Affected Families, 2003 which
was replaced by a new National Policy on Rehabilitation and Resettlement 20074 and recently in
the month of October, The right to fair compensation and transparency in land acquisition,
rehabilitation and resettlement Act 2012 was passed by the parliament which will have its effect
all over the country. The new act will have its effect over all over the country except J&K.
Environment Protection in India
In the early years of Indian independence, there was no precise environmental policy.
Government tried to make attempts only from time to time as per the growing needs of the
society. The period of 1970s witnessed a lot of changes in policies and attitudes of the Indian
Government when its attitude changed from environmental indifference to greater and
subsequently, manifold steps were taken to improve environmental conditions.
National Committee on Environmental Planning and Coordination The year 1972 marks a
watershed in the history of environmental management in India. This is because prior to 1972,
environmental concerns such as sewage disposal, sanitation and public health were dealt with by
different federal ministries and each pursued these objectives in the absence of a proper
coordination system at the federal or the intergovernmental level. When the twenty-fourth UN
General Assembly decided to convene a conference on the human environment in 1972, and
requested a report from each member country on the state of environment, a Committee on
human environment under the chairmanship of Pitambar Pant, member of the Planning
Commission, was set up to prepare India's report. With the help of the reports, the impact of the
population explosion on the natural environment and the existing state of environmental
problems were examined.
By early 1972, it had been realised that unless a national body was established to bring about
greater coherence and coordination in environmental policies & programmes and to integrate
environmental concerns, an important lacuna would remain in India's planning process.
Consequently, as a result of the major issues highlighted by the reports, a National Committee on

http://www.brookings.edu/blogs/up-front/posts/2013/10/21-india-displacement-cernea

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Environmental Planning and Coordination (NCEPC) was established in the Department of

Science and Technology.
The NCEPC is an apex advisory body in all matters relating to environmental protection and
improvement. At its inception, the Committee consisted of fourteen members drawn from
various disciplines concerning environmental management. Most of the non-official members
were specialists. The Committee was to plan and coordinate, but the responsibility for execution
remained with various ministries and government agencies.
Environmental Legislations
As part of its campaign on green environment, Indian Parliament has enacted nationwide
comprehensive laws. One of the major environmental enactments came just two years after the
Stockholm Conference in 1974. The Water (Prevention and Control of Pollution) Act was passed
for the purpose of prevention and control of water pollution and for maintaining and restoring the
wholesomeness of water. The Water Act represented India's first attempt to deal with an
environmental issue from a legal perspective.
From this period onwards, the Central Government has been considered as highly
environmentally active. In 1976, the Constitution of India was amended to insert a separate
fundamental duties chapter. In the year 1980, the Forest (Conservation) Act was passed for the
conservation of forests and to check on further deforestation. The Air (Prevention and Control of
Pollution) Act of 1981 was enacted by invoking the Central Government's power under Art 253.
The Air Act contained several distinguishing features. The preamble of the Air Act explicitly
reveals that the Act represents an implementation of the decisions made at the Stockholm
Conference. Also, a notification relating to Noise Pollution (Regulation & Control) Rules was
made in the year 2000 with the objective of maintaining Ambient Air Quality Standards in
respect of noise.
In the wake of the Bhopal gas tragedy, the Government of India enacted the Environment
(Protection) Act, 1986. The laws that existed prior to the enactment of EPA essentially focused
on specific pollution (such as air and water). The need for a single authority which could assume
the lead role for environmental protection was answered through the enactment of EPA. It is in
the form of an umbrella legislation designed to provide a framework for Central Government to

National Conference On Human Rights in India: Dalits, Tribals and Minorities

coordinate the activities of various central and state authorities established under previous laws.
It is also in the form of an enabling law, which delegates wide powers to the executive to enable
bureaucrats to frame necessary rules and regulations.
Apart from this, several notifications and rules have also been made, some of which include the
Hazardous Wastes (Management and Handling) Rules in 1989, the Biomedical Wastes
(Management and Handling) Rules in 1998, Recycled Plastics (Manufacture and Usage) Rules
1999, Environment (Silting for Industrial Projects) Rules 1999 and the Municipal Solid Wastes
(Management and Handling) Rules in 2000.In addition to these eco-specific legislations,
realising that there is no comprehensive legislation dealing with biodiversity in India, and to
fulfill its international obligation under the Convention on Bio-Diversity, the Government of
India has enacted the Biological Diversity Act, 2002. Recently, National Green Tribunal was
setup for safe guarding environment.
But, it is a paradox that despite the presence of such diverse laws, the pollution rate has crossed
the dead line. This is probably because of the reason that the law is so complicated and vague
that even the expert may not know the intricacies of it and apart from that the implementation of
these laws are nil.
Changing Facets of Involuntary Displacement and Resettlement in India: Developement
induced Displacement
Numerous activities undertaken by human beings, on day to day basis, cause severe damages to
the environment as a whole, particularly to the country's land resource base. These activities
include construction of residential and office buildings, construction of physical infrastructure
like roads, highways, bridges, etc. and creation of social infrastructures like schools, hospitals,
etc. Although these activities are of utmost importance for the sound growth of any economy, but
all these necessitates cutting of trees (deforestation) for space, destruction of water bodies, etc.
which in turn causes soil erosion and land degradation. Thus, it is right to say that in the wake of
globalisation and urbanisation, people are misusing available land resources by not fully utilising
them and as a result, causing scarcity of productive land.
Secondly, due to lack of proper implementation of Acts and Rules relating to land acquisition as
well as difficulty in approaching the concerned Department / Ministry/ Organisation at the right

National Conference On Human Rights in India: Dalits, Tribals and Minorities

time, it becomes difficult to acquire required land. Further, given the population density and the
type of land use in the country, there is more problem in land acquisition in India. Thus, it is a
big challenge for Government, both Central and State, to generate greater access of land to the
people at large, including landless rural poor and foreign investors/ non-resident Indians.
For setting up huge industrial projects, dams, factories, refineries, etc., more and more land is
being used. As a result, the people/ community residing there face many problems. They are
forced to leave their resident place and move to other places. First, there is problem in searching
proper place to live in. Secondly, land acquisition for industrialization and related projects
highlight the issues of adequate compensation that need to be given to the displaced people for
protecting their living standards. This is one of the common problem in land acquisition and
resettlement.
Further, there is need to rehabilitate the lost productivity of available lands so that they can be
effectively put in use for various purposes like agricultural, industrial, residential, office
buildings, etc. as land is scarce resource. The Government is also running its various policies and
schemes for this purpose. Also, efforts are being made not only to restore fertility of the land or
to provide shelter to displaced people, but also to create conditions so as to bring in focus the
land resources which are not yet tapped and utilised.
Apart from that between 60 and 65 million people are estimated to have been displaced in India
since Independence, the highest number of people uprooted for development projects. This
amounts to around one million displaced every year since Independence, says a report released
recently by the Working Group on Human Rights in India and the UN (WGHR). Of these
displaced, over 40% are tribals and another 40% consist of dalits and other rural poor, says the
WGHR report.5
Not taking into account displacement due to armed and ethnic conflict, India is estimated to
have the highest number of people displaced annually as a result of ostensible development
projects, it adds.

http://articles.timesofindia.indiatimes.com/2012-06-04/india/32030869_1_internal-displacement-shivani-chaudhryland-rights-network, India uproots most people for progress, By Anahita Mukherji, TNN Jun 4, 2012, 04.17AM
IST

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Over 60% of people forced out of their homes globally are victims of internal displacement. Of
the 43 million people forced to flee their homes, 26 million are displaced within their own
country, 16 million are refugees and one million are asylum-seekers.
Hence, there are many such and other related issues and problems relating to land acquisition,
resettlement and rehabilitation in India, both in rural and urban areas. They need to be dealt with
great care for future availability and use of land/ properties.
Factors Which Affect the Companies during Land Acquisitions6:
Land acquisition process, in the recent times, has emerged as a major bottleneck resulting in time
lags, cost over runs, business uncertainties and even shelving of projects by companies. Tatas
Singur project in West Bengal, Vedantas (Sterlite) project in Orissa, Poscos Paradeep project in
Orissa and Jindals Raigarh project in Chattisgarh are some classic examples that showcase
project shelving due to the cumbersome land acquisition process in India. This chapter discusses
the challenges faced by companies in land acquisition for their projects in India and the way
forward.
Firstly, since there is no concept of title certificates in India, the buyer of property is required to
establish the chain of title in respect of the property for the preceding 30 years in order to
obtain a clear and marketable title in respect of such property. This is because under the
Evidence Act, 1897, there is a presumption of validity with respect to the documents that are 30
years old and under the Limitation Act, 1963, the mortgagor can redeem possession of the
mortgaged property mortgaged within 30 years from the date when the right to redeem the
property accrued. Typically, a title search exercise, for a mid-sized project takes alteast 2-3
months. Thus, establishing the chain of title, obviously, is time consuming, expensive and
complex resulting in huge project delays. Hence, taking leads from Australia, England, Ireland
and New Zealand, the presumptive nature of recording ownership in the land must be done away
with and all States must enact legislations for issuing title certificates establishing conclusive
proof of ownership in respect of the property.

http://www.business-standard.com/article/economy-policy/should-the-land-acquisition-law-worry-india-inc113091900036_1.html

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Secondly, in most states either the land/property records are not available or are available in
vernacular language. Further, the land records are maintained manually and that too across
various departments like the Revenue Department for mutations, Registration Department for
registration of transfers and verification of encumbrances, Survey and Settlement Department for
cadastra maps. Therefore, this makes the process of land acquisition more time consuming and
cumbersome. Hence, the record of rights, mutations, register and registration records must be
updated and computerized under the National Land Records Modernization Programme and
there must be a single window to handle land/property records integrating the functions of
various departments, in the rural and urban areas respectively.
Thirdly, under the seventh schedule of the Constitution of India, all matters relating to land are a
subject matter of the State Government. Accordingly, each state has enacted its own legislation
in relation to land, registration, stamping and development thereon. Further, there are often
disconnects between the state laws and the central laws. To illustrate, under Press Note 2 (2005)
the minimum area required to be developed for construction of serviced housing plots is 10
hectares whereas under Haryana Ceiling on Land Holdings Act, 1972 and the Punjab Land
Reforms Act, 1972, the permissible area that can be held by a person cannot be more than 7.25
hectares and 7 hectares respectively.7 To overcome this cap on land ceiling, developers purchase
land through a number of entities, which further contributes to complicating the procedure of
land acquisition. Thus, the existing local laws need to be brought in sync with the central laws.
Fourthly, as per the foreign exchange laws in India, foreign investment is prohibited in
acquisition of agricultural land. Accordingly, prior to a foreign companys investment in India
for development of the land, the land usage in respect of the identified land must be converted
from agricultural to non-agricultural usage. More often than not, the process of land use
conversion takes minimum 6 months to 1 year, consequently resulting in time lags, cost
overruns, and business uncertainties.
Fifthly, with the liberalization of foreign direct investment norms and increasing real
estate transactions in India the risks associated with property transactions in the country have
increased substantially. While title insurance is very common in the US and Europe, the same is

http://infochangeindia.org/agenda/migration-a-displacement/rehabilitation-before-displacement.html

National Conference On Human Rights in India: Dalits, Tribals and Minorities

yet to be offered by any Indian insurer. Certain states in India for instance, Delhi, Rajasthan and
Andhra Pradesh are in the process of drafting the legislations for the issue of title certificates by
the Government which shall be a conclusive proof of title. Thus, the foreign companies consider
land acquisition in India as a high risk transaction because there is no comfort of title insurance
to protect their financial interest in immovable property against loss due to title defects, liens or
other matters.
Sixthly, the stamp duty and registration charges payable on property transactions vary across
states, from 4% to as high as 14%. Such high stamp duty and registration charges is a deterrent
factor for the companies from investing in certain states as such huge cash outflows result in high
project costs. Hence, there is a need to remove such stark variations in stamp duty and
registration fees across states.
Last but not the least, often companies look at land acquisition process purely from the business
perspective

and

belittling

factors

like

adequacy

of

compensation

package

to farmers, rehabilitation of farmers, fertility of land. Infact, most often companies prefer to
interact with the farmers through the Government as intermediary or other middlemen and avoid
direct interaction with the locals. Both Posco (for their project in Orissa) and Tata group (for
their steel project in Kalinganagar, Orissa) avoided direct dialogue with the locals and this
ultimately resulted in breeding violent protest amongst the farmers against land acquisition.
Vedanta Aluminium Refinery, part of Vedanta (Sterlite) group, was not allowed to commission
its open-cast mine project in the Niyamgiri hills in Orissa because of lack of clarity on the
rehabilitation package. Hence, in addition to the various changes that need to be brought about
by the Government in the land acquisition process, companies also must obtain the social
approval by providing attractive compensation to local communities; opening direct
communications channels with the locals; avoid acquiring fertile land; resulting in minimal scope
for manipulation of the situation by middlemen.
Displacement v. Development: A Case of Conflict or Compatibility?
In the first flush of Independence, the top-most priority of the nation was bringing the light of
knowledge and promise of two square meals a day to the ignorant and the starving millions of
India. It was necessary to provide water for drinking and irrigation as well as electricity to run

National Conference On Human Rights in India: Dalits, Tribals and Minorities

the engines of development. Ambitious schemes of hydroelectric power and irrigation dams were
launched to obtain affordable power and irrigation for the masses. In the process, the
mountainous and forest regions underwent massive upheavals to give way to underground
tunnels, huge water reservoirs and long roads.
While a very large number of people benefited from the irrigation, drinking water and electricity,
substantial population of hill and tribal people, who drew their sustenance from their immediate
hilly and forest environment, were displaced and underwent considerable hardship. The
arrangements made for their rehabilitation came a cropper because of bureaucratic apathy and
red-tapism. Many of these dams, constructed in ecologically fragile areas caused considerable
damage to the soil and also created salinity and ravines. Moved by the pitiable plight of the hill
and tribal people, some people took up their cause.
They launched movements for protecting the interests of these vulnerable people and by
implication the cause of protection of the environment .Two of the better known movements are
Chipko Andolan - preventing cutting of forest trees - and the Narmada Bachao Andolan -the
movement to save the people living in the valley of river Narmada from displacement due to the
construction of a massive dam.
While the first three decades after independence have been characterised by an unrelenting
demand for expansion of irrigation facilities, water supply, chemical fertilizers and electricity for
developing agriculture, industry and thereby the general living standards of the masses, the last
two decade have witnessed a growing stridency on the part of human rights activist seeking
preservation of cultivated land areas of hilly and tribal people of the mountainous and forest
regions.
The Development Versus Displacement controversy has caught the popular imagination
because nobody can remain completely untouched by either the economic development or its
environmental implications. In this regard, the most spectacular and dramatic battle between the
votaries of the Environment and the government is being fought in the areas affected by the
construction of the Sardar Sarovar Dam in Madhya Pradesh and Gujarat. The high watermark of
this drama was witnessed when the police tried to arrest the Environment activist leader Medha
Patkar standing in the knee water deep water submerging the area affected by the Dam in

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Madhya Pradesh in the summer of 1999. She was, at the time leading a big group of Damaffected people who had refused to shift from their land to the land provided by the government
for the rehabilitation of the displaced persons.
The group seemed convinced that their displacement will destroy them physically and mentally
as they were ill-expected to ensure for themselves a living in their proposed habitat. Their main
support, cattle, cannot be sustained by the infertile and arid land of the proposed settlement. The
protagonists of development reel out statistics of alternative land sites made available to
displaced persons as also of the monetary compensation paid to the displaced persons so as to
enable them to take up self-employment. The specialised government agencies set up to help the
displaced persons are reputed to be seized of their problems and are ready to redress their
grievances. Few, however, would buy this argument. Public dealings with the government
agencies hardly inspire any confidence.
The displaced persons, who are generally resourceless, would not be able to grease the palms of
petty officials for getting their work done. They have legitimate fear of being left high and dry
once they leave their original habitat. It is a common experience that the beneficiaries of
irrigation, water supply and power made available by construction of dams live in areas quite far
away from the dam sites and have not to suffer any of the inconveniences that fall to the lot of
the displaced persons. The occupational alternatives appear all right on project reports but their
realisation in actual practice is rare and is generally fraught with uncertainties. Environmentalists
are not opposed to development per-se.
They, however, oppose development at any cost rather they favor sustainable development,
which according to them can be achieved only maintaining a balance between both development
and displacement. Recently similar thing has also happened in Odisha where the government
wants to acquire lands for a project but the tribal people refused to give their land. Also they
gave a explanation that they are treating the land as everything for them and they cant gave that
piece of land at any cost. But govt. insist on acquiring that land then that matter came before the
apex court and the apex court ruled that a public opinion should be taken and then only land can
be taken. To a surprise of govt. all most all villages refused the deal and they dont give their
land.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Apart from that there are occasional reports in the press of large-scale poisoning of the fish in
rivers like the Gomti due to large quantities of effluents discharged in the river by sugar mills
and distilleries. The water of the Ganges has been polluted near industrial cities and become unfit
for human consumption. Here, development has directly led to environmental degradation. The
central and the state governments have now set up pollution control boards and the new
industrial units cannot be set up without getting clearance from the Pollution Control Board.
Still, many entrepreneurs are able to bribe and hoodwink the Pollution Control Board and defy
the government regulations on reducing the pollution. Administrators with polluted morals
cannot prevent development agents from polluting the environment. Environmentalis' suspicion
of the whole gamut of development therefore appears to be well founded.
Increased use of pesticides has introduced certain toxins in the fruits, vegetables and foodgrain.
These toxins cause many a disease of the liver and intestinal tract. Many countries are now
opting for vector control of pests rather than killing them through chemical pesticides. Similarly,
the harmful effects of chemical fertilizers are dissuading many well off farmers to discontinue
the use of chemical fertilises and to opt for bio-fertilizers. Bio-tea is gaining in popularity in
many parts of the world. Progressively more area is bought under cultivation of Bio-tea in the
Eastern India. Bio- tea is also being exported. Bhopal Gas Tragedy, which was caused by a leak
of poisonous methyl-isocyanide gas, was a great environmental disaster caused by unrestrained
industrialisation.
Even after 15 years of the disaster, the victims of the disaster are yet to be rehabilitated. The
greed of the man of business is unbounded and blind. It has often led to total neglect of
environment or public safety. It has led to a conviction among many people that development
per-se is undesirable and disruptive of environment.
Since the atmosphere and environment are not divided according to the national boundaries but
are common to the entire global community, only international, united efforts can impact the
global warming and ozone layer depletion. Those countries who are contributing more to the
environmental degradation have to make greater efforts and exercise greater abnegation in their
consumption-patterns to reduce the rate of pollution.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

The rich countries like the U.S.A have not been able to reduce the consumption of fossil fuels,
the largest contributor to the environmental pollution. It is quite unrealistic on the part of these
rich countries of the Northern Hemisphere to expect the poor and highly populated countries of
the Third World to substantially adopt the high cost alternative sources of energy like the solar
and the wind energy. Unless the North largely shares the cost of renewable sources of energy for
the entire world, there is no realistic scenario of any tolerable level of pollution in the foreseeable
future and the rich of the advanced nations will also have to suffer the environmental disasters
like the Heat Wave in the U.S.A. in 1998 which killed hundreds of American citizens.
So, it is quite clear that if we look into the history of India then we can found that everytime
there exist a fight between both development and displacement. But govt. wins when it manages
to strike a balance between both the things. But what about those losses which directly affect the
environment and what about those displaced people? So, as per us if everything is balanced in a
sustainable manner then automatically the problem will be resolved.
Role of Judiciary in Protection of Environment and Protection of the Rights of Individual:
The judiciary, to fulfill its constitutional obligations was and is always prepared to issue
appropriate orders, directions and writs against those persons who cause environmental pollution
and ecological imbalance. From the above fact, this is quite evident that a plethora of cases
decided by judiciary in delivering environmental justice. These cases provoked the
consciousness of the judiciary to a problem which had not attracted much attention earlier. The
Supreme Court responded with equal anxiety and raised the issue to come within the mandate of
the Constitution.
The Supreme Court, in Rural Litigation and Entitlement Kendra v. State of U.P. ordered the
closure of certain limestone quarries causing large scale pollution and adversely affecting the
safety and health of the people living in the area. Likewise, in M.C. Mehta v. Union of India , the
court directed an industry manufacturing hazardous and lethal chemicals and gases posing
danger to health and life of workmen and people living in its neighbourhood, to take all
necessary safety measures before reopening the plant. In an attempt to maintain the purity and
holiness of the River Ganga, tanneries polluting the sacred river were ordered to be closed down.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Holding that the Government has no power to sanction lease of the land vested in the
Municipality for being used as open space for public use, the Supreme Court in Virender Gaur v.
State of Haryana, the Court explicitly held that:
The word environment is of broad spectrum which brings within its ambit hygienic atmosphere
and ecological balance. It is therefore, not only the duty of the State but also duty of every citizen
to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its
extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance
and hygienic environment.
Moreover in S. Jagannath v. Union of India8, the Supreme Court has held that setting up of
shrimp culture farms within the prohibited areas and in ecologically fragile coastal areas has an
adverse effect on the environment, coastal ecology and economics and hence, they cannot be
permitted to operate. In Vijay Singh Puniya v. State of Rajasthan9, the High Court of Rajasthan it
was observed that any person who disturbs the ecological balance or degrades, pollutes and
tinkers with the gifts of nature such as air, water, river, sea and other elements of the nature, he
not only violates the fundamental right guaranteed under Art 21 of the Constitution, but also
breaches the fundamental duty to protect the environment under Art 51A (g).
Judicial activism in India provides an impetus to the campaign against pollution. The path for
people's involvement in the judicial process has been shown. If this had not been done so, the
system would have collapsed and crumbled under the burden of its insensitivity.
Role of NGOs in Protection of the Environment and in Protection of Rights of The
Individual in India:
The Consequences of the Environmental pollution are not hard to comprehend, whereas the
solution to ending environmental pollution is not easy to come by this is an unending complex
and intricate debate and may be single solution, however attempts can always be made to find
out solution to specific problems keeping in view the technological solutions legal parameters
and judicial pronouncements & the role of NGOs has a very important to protection of
environment through social services. The NGOs from past five decades have witnessed the
8
9

(1997) 2 SCC 87
AIR 2004 Raj 1, RLW 2003 (4) Raj 2490, 2003 (4) WLC 472

National Conference On Human Rights in India: Dalits, Tribals and Minorities

difficult problems encountered in providing health care services to our poor people; spread the
awareness to public protection of wildlife, forest, human right, Women and Children etc. The
NGOs constitute a worldwide net work interacting with Governments and Internal
intergovernmental organization in shaping international environmental policies such as:1. Creating awareness among the public on current environmental issues and solutions.
2. Facilitating the participation of various categories of stakeholders in the discussion on
environmental issues.
3. Conducting participatory rural appraisal.
4. Being involved in the protection of human rights to have a clean environment.
5. Protecting the natural resources and entrusting the equitable use of resources.
6. Data generation on natural resources, time line history of villages.
7. Analysis and monitoring of environmental quality.
8. Transferring information through newsletters, brochures, articles, audio visuals, etc.
9. Organizing seminars, lectures and group discussion for promotion of environmental
awareness.
10. Helping the villages administrative officials in preparation, application and execution of
projects on environmental protection.
Critical Analysis of the New Land Acquisition Act, 2013:
Why There Is A Need For A New Law?

Experience of the last few years had made it clear that the current model of land
acquisition, which uses an archaic acquisition law enacted by the British rulers in 1894, is
not working. This law, which gives sweeping powers to the State to acquire land from
citizens literally at a whim, is no longer tenable in the India of today. With more
empowered citizens, a vibrant media, a loud civil society and an interventionist judiciary,
it is simply not possible to hoodwink and short-change citizens losing their land. As a
result, today most acquisitions face protests, major delays and cost over-runs. Such
uncertainty helps neither the land losers, nor those acquiring the land. The new law takes
the view that it is far better for both parties to compensate fairly and get the process right
up-front, rather than run into trouble downstream.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Apart from that there is unanimity of opinion across the social and political spectrum that
the current Law (The Land Acquisition Act 1894) suffers from various shortcomings.10
Some of these include:

Forced acquisitions: Under the 1894 legislation once the acquiring authority has formed
the intention to acquire a particular plot of land, it can carry out the acquisition regardless
of how the person whose land is sought to be acquired is affected.

No safeguards: There is no real appeal mechanism to stop the process of the acquisition. A
hearing (under section 5A) is prescribed but this is not a discussion or negotiation. The
views expressed are not required to be taken on board by the officer conducting the
hearing.

Silent on resettlement and rehabilitation of those displaced: There are absolutely no

provisions in the 1894 law relating to the resettlement and rehabilitation of those displaced
by the acquisition.

Urgency clause: This is the most criticised section of the Law. The clause never truly
defines what constitutes an urgent need and leaves it to the discretion of the acquiring
authority. As a result almost all acquisitions under the Act invoke the urgency clause. This
results in the complete dispossession of the land without even the token satisfaction of the
processes listed under the Act.

Low rates of compensation: The rates paid for the land acquired are the prevailing circle
rates in the area which are notorious for being outdated and hence not even remotely
indicative of the actual rates prevailing in the area.

Litigation: Even where acquisition has been carried out the same has been challenged in
litigations on the grounds mentioned above. This results in the stalling of legitimate
infrastructure projects.

Recent observations by the Supreme Court: Justice Ganpat Singhvi of the Supreme Court
has observed, in the wake of repeated violations that have come to light over the last few
months, that the law has become a fraud. He observed that the law seems to have been
drafted with scant regard for the welfare of the common man.

Another bench of the Supreme Court has echoed this sentiment in its observation that
The provisions contained in the Act, of late, have been felt by all concerned, do not

10

http://www.livemint.com/Opinion/RTKKpM4LIsL0ud6f7BqqTN/Reforming-Indias-archaic-land-laws.html

National Conference On Human Rights in India: Dalits, Tribals and Minorities

adequately protect the interest of the land owners/persons interested in the land. The Act
does not provide for rehabilitation of persons displaced from their land although by such
compulsory acquisition, their livelihood gets affected To say the least, the Act has
become outdated and needs to be replaced at the earliest by fair, reasonable and rational
enactment in tune with the constitutional provisions, particularly, Article 300A of the
Constitution. We expect the law making process for a comprehensive enactment with
regard to acquisition of land being completed without any unnecessary delay.
Highlights of the New Act11
Compensation: Given the inaccurate nature of circle rates, the Act proposes the payment of
compensations that are up to four times the market value in rural areas and twice the market
value in urban areas.
R&R: This is the very first law that links land acquisition and the accompanying obligations for
resettlement and rehabilitation. Over five chapters and two entire Schedules have been dedicated
to outlining elaborate processes (and entitlements) for resettlement and rehabilitation. The
Second Schedule in particular outlines the benefits (such as land for land, housing, employment
and annuities) that shall accrue in addition to the one-time cash payments.
Retrospective operation: To address historical injustice the Act applies retrospectively to cases
where no land acquisition award has been made. Also in cases where the land was acquired five
years ago but no compensation has been paid or no possession has taken place then the land
acquisition process will be started afresh in accordance with the provisions of this act.
Multiple checks and balances: A comprehensive, participative and meaningful process
(involving the participation of local Panchayati Raj institutions) has been put in place prior to the
start of any acquisition proceeding. Monitoring committees at the national and state levels to
ensure that R&R obligations are met have also been established.
Special safeguards for tribal communities and other disadvantaged groups: No law can be
acquired in scheduled areas without the consent of the Gram Sabhas. The law also ensures that
all rights guaranteed under such legislation as the Panchayat (Extension to Scheduled Areas) Act
11

http://www.indiatogether.org/2003/mar/vu-triballands.htm

National Conference On Human Rights in India: Dalits, Tribals and Minorities

1996 and the Forest Rights Act 2006 are taken care of. It has special enhanced benefits (outlined
in a dedicated chapter) for those belonging to Scheduled Castes and Scheduled Tribes.
Safeguards against displacement: The law provides that no one shall be dispossessed until and
unless all payments are made and alternative sites for the resettlement and rehabilitation have
been prepared. The Third Schedule even lists the infrastructural amenities that have to be
provided to those that have been displaced.
Compensation for livelihood losers: In addition to those losing land, the Bill provides
compensation to those who are dependent on the land being acquired for their livelihood.
Consent: In cases where PPP projects are involved or acquisition is taking place for private
companies, the Act requires the consent of no less than 70% and 80% respectively (in both
cases) of those whose land is sought to be acquired. This ensures that no forcible acquisition can
take place.
Caps on acquisition of multi-crop and agricultural land: To safeguard food security and to
prevent arbitrary acquisition, the Act directs states to impose limits on the area under agricultural
cultivation that can be acquired.
Return of unutilized land: In case land remains unutilized after acquisition, the new Act
empowers states to return the land either to the owner or to the State Land Bank.
Exemption from income tax and stamp duty: No income tax shall be levied and no stamp duty
shall be charged on any amount that accrues to an individual as a result of the provisions of the
new law.
Share in appreciated land value: Where the acquired land is sold to a third party for a higher
price, 40% of the appreciated land value (or profit) will be shared with the original owners.
So it can be said that the parliament bring a new law so as to replace the old draconian land law
and along with that it also bring a law which will prevail all over the country irrespective of
states. Also it will strike a balance between both development and displacement throughout the
country.

National Conference On Human Rights in India: Dalits, Tribals and Minorities

Suggestion and Conclusion:

Keeping in view the various issues and problems involved in land acquisition, resettlement and
rehabilitation, a wide variety of steps are being taken by both the Central and State/ Union
Territory (UT) Governments, from time to time, so as to promote overall development of Indian
economy. There is a separate Department named Department of Land Resources which have
been set up in the Ministry of Rural Development so as to accelerate the pace of development
of wastelands and degraded lands. For proper implementation of activities in order to reclaim
wastelands in the country, the Wastelands has been prepared which enable mapping/
identification of wastelands and their location upto village and micro-watershed level. Several
studies, programmes and schemes are also running for preventing degradation of lands.
The capacity building is considered a crucial area for achieving better land resource
management. It is a continuous process which enables functionaries to enhance their knowledge,
skills and attitudes, thereby becoming more effective in performing their roles and
responsibilities. Along with Centre and State, it is also the responsibility of Panchayati Raj
Institutions (PRIs) at the Gram Panchayat, intermediate panchayat and Zila Parishad to take
effective steps, with a view to protect the land/ properties in the country and check for proper
implementation of Acts, rules and policies at their levels. The role of NGOs cannot be
underestimated in capacity building and implementation.
The Land Reforms Division in the Department of Land Resources is acting as the nodal agency
for formulating the policy/ legislation on the Resettlement and Rehabilitation of project
affected persons or families. In this, steps are taken to develop principle of rehabilitation before
displacement and if possible, provide land for land as compensation.12 It also includes provision
of housing benefits to all affected families, including the landless as well as of necessary
infrastructure facilities at resettlement areas.
Further, Ministry of Urban Development is also making considerable efforts to generate proper
housing and infrastructure facilities so as to solve problem of land acquisition and resettlement.
Along with public sector, it is also the responsibility of private sector to look into land matters.
In case any industry acquires land, the Government should act as the nodal agency and set broad
12

http://wizardlegal.in/blog/land-acquisition-and-adequate-compensation-in-india/

National Conference On Human Rights in India: Dalits, Tribals and Minorities

guidelines for the purpose. There can be a good case for promoting public-private partnership in
the land/ property matters.
Apart from that due to various laws at national level and international level protection of
environment can be possible but without support from the mass and without proper awareness it
wont be easy to protect the environment. As in this 21st century, no doubt developmental
activities will continue but we need to check that such an activity wont affect the environment.
As per our opinion development / developmental activities should be done but that should not
affect the environment or that should not be done at the cost of environment else it would lead to
havoc in this earth. Also in our opinion, development is inevitable and utmost necessity but
certainly not at the cost of a persons right. There should remain a balance between both
developemental activities and displacement so that country will not face any difficulty in growth.
Apart from that we are already having many laws but the implementation of those laws is nil. So
we should rely on the implementation rather making new laws. Even if we make new laws
specific to some environment problem then, those laws should be made stringent so that the
violator wont escape.