`Resettlement and rehabilitation of persons displaced by land acquisitions should form a part of Land Acquisition Act’ – NHRC

The National Human Rights Commission has directed that the provisions resettlement and rehabilitation of persons displaced by land acquisitions for various projects should form a part of the provisions in the Land Acquisition Act itself (or an appropriate separate legislation) so that they are justiciable. The Commission was of the view that the Government should, while recommending the Policy, provide in the policy itself for it to be incorporated into an appropriate legislation within a given time frame.

The Commission has been concerned with the plight of the people displaced by Projects. It has been pursuing the matter with the Ministry of Rural Development, Government of India, for an early finalisation of the draft policy on the subject. The Ministry has been informing the Commission every time that the matter was considered by the Group of Ministers.

Recently, however, the Commission received a petition from the National Committee for Protection of Natural Resources (NCPNR), wherein it was mentioned that the Land Acquisition Act, 1894, which was still in force and was proposed to be amended by the Government, did not contain any provision for resettlement and rehabilitation of the people affected by Projects. The Commission was thus requested that it may consider the matter in its entirety and make suitable recommendations to the Government, specially at the time when the Government was considering a comprehensive Land Acquisition (Amendment) Bill, which did not incorporate resettlement and rehabilitation aspects.

The Commission thus considered this issue in its meeting held on 21 December 2000. Agreeing with the proposals made by the NCPNR, the Commission decided to recommend them to the Government. In this connection, the Commission has also decided to have a detailed discussion on this matter with senior officials of the Ministry of Rural Development. The meeting is scheduled to be held on 23 January 2001.