HIDAYAYULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G.

A PROJECT REPORT ON

“TRIBALS ABORIGINALS & LAND ACQUISITION”

SUBMITTED TO

DR.ARCHANA GHAROTE

(FACULTY, LAND LAWS)

BY

ISHU DESHMUKH

SEMESTER VIII

SECTION- B

ROLL NO.81

Date of Submission: MARCH 18, 2019

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 DECLARATION
I, hereby declare that the project work entitled “Tribals, aboriginals & Land
Acquisition”submitted to HNLU, Raipur, is a record of an original work and is not a result of
plagiarism. The sources of data has been adopted from other sources as well and proper
mention about such sources has been made in the form of footnotes and in bibliography.

I have completed this project work under the guidance of Dr.ARCHANA GHAROTE
(Land Laws), Hidayatullah National Law University. Raipur (C.G).

ISHU DESHMUKH

Roll No: 81,

Section B,

Semester VIII.

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 ACKNOWLEDGEMENT
I feel highly elated to work on the topic “Tribals, aboriginals & Land Acquisition”. The
practical realization of this project has obligated the assistance of many persons. I express my
deepest regard and gratitude to my teacher, Dr. Archana Gharote, for her unstinted support.
Her consistent supervision, constant inspiration and invaluable guidance have been of
immense help in understanding and carrying out the nuances of the project report. I take this
opportunity to also thank the University and the Vice Chancellor for providing extensive
database resources in the Library and through Internet

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 LIST OF ABBREVIATIONS

§ SECTION

AIR ALL INDIA REPORTER

DR. DOCTOR

ED. EDITION

LARR THE RIGHT OF FAIR COMPENSATION AND

TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT,
2013.
HNLU HIDAYATULLAH NATIONAL LAW UNIVERSITY

I.E THAT IS

SC SUPREME COURT
V. VERSUS

SCC SUPREME COURT CASES

US UNITED CASES

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 CONTENTS
Declaration.........................................................................................................I

Acknowledgement..............................................................................................II

List of Abbreviations.................................................................................…...III

1) INTRODUCTION……………….......…..……….……………………………………........1

 Ojectives.....................................................................................................................2

 Research Methodology ………………………………………………..……………..2

 Scope of Study………………………………………………………………………..2

 Sources of Data……………………………………………………………………….3

 Organization of Data……………………………………………………………….…3

2) CHAPTER-I LAW RELATING TO LAND ACQUISITION…………………………4

3) CHAPTER-II TRIBES, ABORIGINALS & LAND ACQUISITION…………………..8

4) CHAPTER-III TRIBAL LAND ACQUISITION: CURRENT LEGAL STATUS……...14

5) CHAPTER-IV TRIBAL LAND ACQUISITION IN CHHATTISGARH………………21

6) CONCLUSION………………………………………………………………….28

7) BIBLIOGRAPHY………………………………………………………………..29

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 INTRODUCTION
“Tribals have paid the highest price of national development because their regions are
resource rich”

Land embodies a bundle of rights. It is one of the scarce natural resource in the world.
Though it is not possible either to increase or to decrease the land but tis judicious and
optimal use is sine qua non for the common good of people and overall development.

India being a predominantly agricultural society, there exists a “strong linkage between the
land and the personal status in the social system as rightly observed by the Hon’ble Supreme
Court in WamanRao v. Union of India1 The tip of land on which people till and live, assures
them equal justice and dignity of their person by providing to them a near decent means of
livelihood.

The Constitution provides every citizen a legal right to property. Hence, every individual has
a right to own and possess the property. This right of the individual conflicts with the right of
the State to acquire property under the doctrine of eminent domain. This conflicts of rights
i.e., the right of the individual to protect his property and the right of the State to acquire
property of the subjects has become a matter of debate in this decade. Eminent domain is “the
power possessed by the sovereign or the State over all the property within the jurisdiction of
State”2. Every government has an inherent power to take and appropriate the private property
for public use. It is the process where the government acquires private land for the purpose
of industrialisation, development of infrastructural facilities or urbanisation of the private
land, and provides compensation to the affected land owners and their rehabilitation and
resettlement. Land property is often needed or acquired under the power of eminent domain
for government offices, libraries, slum clearance projects, public schools, colleges and
universities, public highways, public parks, railways and many other projects of public
interests, conveniences and welfare. The power is inalienable founded upon the common
necessity of appropriating the property of the individual. Interest of the whole of the
community is greater than the individual interest.

However, in recent times the large scale industrialization, privatization and globalization for
sake of “development” has emerged as the biggest threat to tribal’s survival – ironically, the

1
AIR 1981 SC 271.
2
http://shodhganga.inflibnet.ac.in/bitstream/10603/48090/13/13_chapter%206.pdf. (As accessed on Feb. 3,
2017)

6
 so called “modern civilized society” has become a predator of their age-old eco-friendly,
peaceful and harmonious lifestyle. The tribals, their lands, and other resources are now
exposed to the exploitative market forces, mostly due to the State and Multi National
Companies (MNCs) sponsored developmental projects to exploit minerals and other natural
resources. Land alienation of the tribals by the powerful entities has become common
phenomena. It is most unfortunate that “the freedom to live in their own traditional ways” as
guaranteed by the constitution is flouted by those who understand the constitution better. The
tribals, aboriginals are the worst victims of development. Displacement from their traditional
habitations leaves them under acute trauma and uncertainty

OBJECTIVES

The object of this paper is to achieve a deeper and more holistic understanding of the issues
of tribal, aboriginals and land acquisition. The project report consists of the following
objectives:

 To study about the concept of land acquisition in India.

 To explore the legislations relating to land acquisition in India.

 To study about the tribal problems vis-à-vis land acquisition.

 To explore the specific legislative provisions for the safeguard of the tribals in case of land
acquisition.

RESEARCH METHODOLOGY

The type of research methodology used in the project is doctrinal i.e. the report is based on
analytical and descriptive Research Methodology. Secondary and Electronic resources have
been largely used to gather information and data about the topic. Books and other reference
articles as guided by faculty have been primarily helpful in giving this project a firm
structure. Websites, dictionaries and articles have also been widely referred.

SCOPE OF STUDY

The object of this paper is to achieve a deeper and more holistic understanding of the issues
in tribal land acquisition. Though this paper is intended that the actual ground realities and
the anomalies within the scheme and measures taken by the government for the development,
it is a pity that the tribal and the poor are worst victims. Their forest and land rights are not
recognised and there is poor implementation of the legislations and welfare schemes. Tribal
community be given a relook and the academic world may arrive at a clearer picture.

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SOURCES OF DATA

Though the topic of this project can be studied from both the academic and empirical
perspective, nevertheless secondary sources of information have been used, which include:

1) Books, and

2) Information from the internet.

ORGANIZATION OF STUDY

The project has been bifurcated into various §s each having a separate chapter and are as
follows:

§ 1: The first section includes the introduction of my project report.

§ 2: The second section of the project report includes the first chapter which discusses the
concepts of land acquisition and the legislation relating to the same.

§ 3: The third section of the project report consists of the second and important chapter of the
project. In this section distribution of tribals in India and the issue of land acquisition of the
tribals has been discussed.

§ 4: The section consists of the 3rd chapter which discusses about the current legal status in
relation to tribal acquisition in India.

§ 5: The fourth section of the project report gives an overview of the issue of tribal land
acquisition and displacement in Chhattisgarh state.

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 CHAPTER-I LAW RELATING TO LAND ACQUISITION
[I.A.] CONCEPT OF LAND ACQUISITION

Land acquisition refers to the process by which the government acquires private land for the
purpose of industrialisation, development of infrastructural facilities or urbanisation of the
private land, and provides compensation to the affected land owners and their rehabilitation
and resettlement. It refers to the principle of eminent domainthe incidental exercise of
sovereign power of the State to acquire private property for public purpose by providing just
compensation. The power of eminent domain has been explained that when public need
requires acquisition of property, the need is not to be denied because of an individual’s
unwillingness to sell When the need arises, individuals may be required to relinquish
ownership of property, so long as they are given just compensation. Eminent Domain refers
to “the power possessed by the sovereign or the State over all the property within the
jurisdiction of State”3. Every government has an inherent power to take and appropriate the
private property for public use. Two maxims SalusPopuliEst Supreme Lex and
necessitaspublica major est quam private justify land acquisition.

SalusPopuliEst Supreme Lex means welfare of the people is only consideration may be said
to be the corner stone of the law of the land. The maxim means that ‘regard for the public
welfare is the highest law’4. This phrase is based on the implied agreement of every member
of society that his own individual welfare shall in cases of necessity yield to the community;
and that his property, liberty and life shall, under certain, circumstances, be placed in
jeopardy or even sacrificed for the public good. Necessitaspublica major est quam private
means public necessity is greater than private necessity5, application of this doctrine in India
gives immense powers to the State for acquiring land for public purpose. State can
expropriate property rights through compulsory acquisition processes. The exercise of such
power has been recognized in the jurisprudence of all civilized countries as conditioned by
public necessity and payment of compensation. On these two maxims whole law of Land
Acquisition is based.

3
Supra note 2.
4
https://definitions.uslegal.com/s/salus-populi-est-suprema-lex/. (As accessed on Feb. 3, 2017).
5
https://definitions.uslegal.com/n/necessitas-publica-major-est-quam-privata/. (As accessed on Feb. 3, 2017).

9
 The law of land acquisition in all civilized world is restricted by following limitations or
safeguards6

 valid law: Private property can be acquired through valid law only;

 public purpose: property acquired only for public purpose and not for private purpose; and

 compensation: compensation must be given for acquisition of property means property

should not be condemned.

what the government through the statute seeks to achieve is acquisition, not confiscation7
means, in every acquisition law there are two inbuilt conditions or safeguards subject to
which State can acquire the property namely, right of the expropriated owner to receive
compensation and secondly, no acquisition is permissible without public purpose.8

The proper authorization may possess and hold any part of the territory for common safety in
time of peace for public purpose.9 The process of land acquisition is initiated by the
government and the land owners have no role to play in it except for filing of objections
while collecting compensation of the land. Various state governments come with several
kinds of schemes for the people whose land is acquired by the state. The predominant
purpose of any acquisition of land by the government has remained “public welfare” which
can be development related activity or construction of various industrial, housing schemes.
By and large the land acquisition by the state government is upheld by the courts whenever
challenged because the “public purpose” is always kept in mind by the courts dealing with
such cases

[I.B.] LEGISLATION RELATING TO LAND ACQUISITION IN INDIA

Under Art. 300A of the Constitution of India “no person can be deprived of his property save
by authority of law”. In the view of this provision a citizen cannot be deprived of his property
by an executive except by law. Therefore there must be law for it and Land Acquisition Act is
the law.

A law must be in conformity with the Constitution. It is therefore, necessary to examine the
extent of the legislative power of the union and the States in respect of a law for acquisition
and requisitioning of land. Before 1956, the legislative power in respect of acquisition and

6
U. S. v. Jones, (1883)27 LED 1015.
7
V.G. RAMACHANDRA’S, THE LAW OF LAND ACQUISITION & COMPENSATION, 1( 8TH ED., 1995).
8
OM PRAKASHAGGARWALA, COMMENTARY ON THE LAND ACQUISITION ACT, 3(8TH ED., 2008).
9
Supra note 7.

10
requisitioning of property was distributed between the Union and the States and the power to
lay down the principles of compensation was included in the concurrent list (vide Entry 33 of
the union List and entry 36 of the State List of the seventh schedule). This anomalous
position was put to an end by the Constitution (Seventh Amendment) Act, 1956, by omitting
all these entries in the Union List and the State List and substituting for Entry 42 in the
concurrent List of the seventh schedule the words “acquisition and requisitioning of property.
Union and State list are now empowered to enact laws relating to acquisition of property.

The Land Acquisition Act, 1894 forms the parent Act in India and it is the basis of all
control and State laws relating to compulsory acquisition and compensation. The Act was
legislated during the colonial period to take over land needed for public purposes. The Act
has been amended periodically with substantial amendments made in 1984. Though it is a
central law, various States have made amendments to the Act in consonance with local
conditions. The Act provides for interference with possession and taking over possession of
the notified or acquired land. Acquiring land without payment of compensation would have
been arbitrary, violating the Article 14. Accordingly, the Act provides for assessment and
payment of compensation.10

The Land Acquisition Act was enacted with intent to further governmental purposes like
roads and railway, police stations etc. But later with time the need was felt that Act should
also resort to public utilities such as water and electricity companies or transport undertakings
(even when they were privately owned), or charitable institutions. Lands have also been
acquired on large scale for building of big dams and irrigation projects. The Land Acquisition
Act 1894 was passed in order to remove certain anomalies in the existing system of land
acquisition as laid down by the previous legislation Act X of 1870. In Somawati v. State of
Punjab11 the Supreme Court held that object of the Land Acquisition Act was to empower the
government to acquire land only for public purposes or for a company. Where it is for a
company the provisions of part VII should be complied with, only after the government is
satisfied that the purpose of the company is directly connected with or for the construction of
some work which is likely to prove directly useful to the public land, could be acquired The
Preamble to the Act, States categorically that individuals whose property is taken over has a
right to receive compensation. The bulk of the Act is devoted to creating a regime relating to
the manner in which an acquisition is to be made, the compensation to be paid and the

10
Ram Jiyaman v. State of Uttar Pradesh, AIR 1994 SC 38
11
AIR 1963 SC 151.

11
 procedures are to be followed while pursuing the acquisition. In the twenty first century,
everything looked from the perspective of human right; as such this colonial Land
Acquisition Act in many respects violated the human rights. For example under this Act no
procedure was adopted for displacement of project affected families, therefore, when
property was acquired, they are forcible displaced and displacement may be inhumane. There
is no provision for Social Impact Assessment of any projects, there is no any additional
protection for marginalized people like SCs and STs land losers except monetary
compensation, moreover, and it does not provide any kind of protection except monetary
compensation to the land losers. As a result of which to have a unified legislation dealing
with acquisition of land, just or fair compensation and to have rehabilitation and resettlement
mechanisms for the project affected persons the new LARR Bill was drafted which was laid
on the table of parliament in 2011, due to political unwillingness to bring out this legislation,
it was lapsed. On 1st January 2014 the Right of Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 came into force and replaced the
earlier colonial Land Acquisition Act, 189412.

The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013

The government of India claims that there is lightened public concern on land acquisition
issues in India. Despite of many amendments to the Land Acquisition Act, 1894 over the
years, there was absence of a cohesive national law that addresses to:

 Fair compensation when private land is acquired for public use and

 Fair rehabilitation of land owners, who are directly affected from loss of livelihood.
Thus to address the above concerns the Aforesaid Act was enacted. The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 provides compensation for expropriated land, houses and other immovable which are
carried out under the Act. The Act is commonly used for acquisition of land for any public
purpose. It is used at the individual State level with State amendments made to suit local
requirements. In addition to this parent Act, there is other States legislation for land
acquisition. Notwithstanding anything contained in this Act § 104 of the Act provides that the
appropriate government shall, whenever possible, be free to exercise the option of taking the

12
Supra note 2.

12
land on lease, instead of acquisition, for any public purpose. The Act deals with compulsory
acquisition of private land for public purpose.

The principle objective of the Act is enshrined in its preamble which states the principle
objective of the new Act is fair compensation, thorough resettlement and rehabilitation of
those affected, adequate safeguards for their well-being and complete transparency in the
process of land acquisition.

The Act is characterized by various features vis-à-vis tribes, aboriginals in India which will
be discussed later in the project.

CHAPTER-II TRIBES, ABORIGINALS & LAND ACQUISITION

Land has been acquired for mining, industrialization and non-agricultural purposes as per the
requirement of project concerned, including land in Tribal Areas. State-wise details are not
maintained at Central level.

[II.A.] TRIBALS& ABORIGINALS: DISTRIBUTION IN INDIA

Tribals& Aboriginals are called as adivasis’ which are India’s indigenous tribal communities.
Studies show that tribal people who account for 8.6% of population.13have origins that pre-
date the Hindu majority. However, because they are outside of the caste system, are scattered
throughout the country and live mainly in remote, rural areas, they are increasingly subject to
exploitation, and to dispossession of their land.

The tribes in India are spread over the length and breadth of the country. They vary in
strength in different states from few hundreds to several lakhs. The tribals are found in the
states of Madhya Pradesh, Chhattisgarh, Maharahstra, Bihar, Gujarat, Orissa, Jharkhand and
north-eastern states of Mizoram, Nagaland, Megahalaya, Tripura, Assam, Arunachal Pradesh
(in these states the tribal population is more than 80% of the total population of the state.14

The most significanty high are the Gonds(Madhya Pradesh, Maharahstra and Andhra
Prahdesh), the Bhils(Rajasthan, Gujarat, Maharashtra and Madhya Pradesh), Santhals(Bihar,
Orissa and West Bengal). The smallest tribal community is the Andaman & Nicobar Islands.

13
Demographic Status of Scheduled Tribe Population of India,
http://tribal.nic.in/WriteReadData/userfiles/file/Demographic.pdf. (As accessed on Feb. 7 th 2017).
14
RAM AHUJA, SOCIETY IN INDIA, 274 (2012).

13
 From the point of view of geographical distribution, L.P.Vidyarthi 15 divided tribal population
into four zones:

 The Himalayan Region: comprising Jammu & Kashmir, Himachal Pradesh, Terai area of
Uttar Pradesh, Assam having 11% of tribal population of the country.

 Middle India: comprising West Bengal, Bihar, Orissa having about 57% of tribal population.

 Western India: comprising of Rajasthan, Madhya Pradesh, Gujarat, and Maharahstra

containing about 25% of tribal population.

 Southern India: comprising of Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, and
Andaman & Nicobar Islands containing about 7% of tribal population.

The bulk of the tribals regard themselves as Hindus. Religion-wise 89% of the tribals are
Hindus, 5.5% are Christians, 0.3% are Buddhists and 0.2 % are Muslims.16 There is a wide
range of variation in their levelof development and their level of socio-cultural integration.
But there are also certain similarities. The tribals as a whole are technologically and
educationally backward.

[II.B.] TRIBALS& TRADITIONAL KNOWLEDGE

Dwelling amidst hills, forests, coastal areas, deserts, tribals over the centuries have gained
precious and vast experience in combating environmental hardships and leading sustainable
livelihoods. Their wisdom is reflected in their water harvesting techniques, indigenously
developed irrigation channels, construction of cane bridges in hills, adaptation to desert life,
utilization of forest species like herbs, shrubs for medicinal purposes, meteorological
assessment etc. Such invaluable knowledge of theirs needs to be properly documented and
preserved lest it should get lost in the wake of modernization and passage of time. Over the
centuries, the tribal people have developed their own medicine system based on herbs and
other items collected from the nature and processed locally. They also have their own system
of diagnosis and cure of diseases. They believe in taboos, spiritual powers and faith healing.
There are wide variations among tribals in their health status and willingness to access and
utilize health services, depending on their culture, level of contact with other cultures and
degree of adaptability.

[II.C.] SOCIO-ECONOMIC DIMENSIONS OF TRIBAL COMMUNITIES

15
ICSSR Survey of Research in Sociology and Anthropology, Vol.III, 1972:32.
16
RAM AHUJA, SOCIETY IN INDIA, 275 (2012).

14
The tribals have been living in forest and mountainous regions, in the close proximity of
nature. The economy of the tribals has been primarily hunting-foraging and shifting
cultivation. More than 90% of the tribals, to a large extent depend on forests and forests
resources for their livelihood. The scheduled tribes have been facing many socio-economic
and psychological problems since historical times. The large scale land transfers to nontribals
culminated in armed tribal uprisings in the late 19th and early 20th centuries. The forest laws
since the British time have been curtailing the rights and movement of tribals in forest
regions. Use of Minor Forest Produces (MFPs) by tribals has been significantly reduced.
Exploitation by money lenders and contractors, problems of credit and market for Minor
Forest Produces (MFPs), poverty, hunger, malnutrition and impoverishment have been the
perennial problems for them. Land alienation and displacement appear to always lurk around
the corner for most tribal groups. Many tribal groups have virtually reached a state of total
collapse and seem to be fighting a grim battle for survival. The occurrence of tribal uprising
against alienation of land and loss of livelihood in different parts of the country is a glaring
testimony.

[II.D.] COMMUNITY RESOURCES ARE CENTRAL TO TRIBAL CULTURE AND SURVIVAL

Unlike the mindset prevalent in the modern society, tribals do not view land and forests as
merely economic commodities; for them these are at the centre of their culture and identity.
Traditionally they have built their economic, social and political systems and developed
sustainable management systems around them. Basic to their culture is equity i.e. ensuring
that every family gets enough for its needs. Secondly, the resources are treated as renewable
i.e. used according to need and preserved for posterity. Thirdly, women enjoy relatively
higher status as a productive member of the family working in the community owned land
and forests. Under the Land Acquisition Law of 1894, the community resources are labeled
common property resources (CPR) which is not owned by individuals (and can be acquired
by the authorities without compensation to the community). Being simple folks tribal people
have been often exploited to forgo their foremost important resource – land – to non-tribals.
Thanks to the archaic law of nineteenth century, they don’t enjoy legal rights on the common
surrounding resources – the common property resources (CPR) – which the community
shares for survival. If the CPR land is taken away their very survival is threatened. As
mentioned, this CPR land can be acquired without worries of compensation and opens the
ground for further exploitation of the helpless poor folks. Their whole lifestyle come under
attack and a threatening crisis develops when the common community resource is alienated

15
from them. Once alienation of land takes place or deforestation occurs, the shortage of
resources puts them in the hands of moneylenders. For sheer survival they have to abandon
their traditional culture based on community feelings and cooperation, and absorb a new
culture which is individualistic and isolationist. Once these resources are lost, a tribal women
ceases to be an economic asset. If jobs and land are given, they are in the name of men. So
power passes from her to the man and to his son. She is reduced to being only a housewife
and gets confined in the kitchen. With it also her social status suffers. Then children start
suffering.

[II.E.] TRIBALS’ LAND ACQUISITION AND DISPLACEMENT

In recent times the large scale industrialization, privatization and globalization for sake of
“development” has emerged as the biggest threat to tribal’s survival – ironically, the so called
“modern civilized society” has become a predator of their age-old eco-friendly, peaceful and
harmonious lifestyle. The tribals, their lands, and other resources are now exposed to the
exploitative market forces, mostly due to the State and Multi National Companies (MNCs)
sponsored developmental projects to exploit minerals and other natural resources. Land
alienation of the tribals by the powerful entities has become common phenomena. It is most
unfortunate that “the freedom to live in their own traditional ways” as guaranteed by the
constitution is flouted by those who understand the constitution better.

The state ownership of the tribal community land, called common property resources (CPR)
land, (which the government owns and involves no compensation when taken over) provides
a convenient entry point to project managers17. In order to reduce the project cost, they
deliberately choose the administratively neglected backward areas with high CPR component
and where legal compensation for the private owned land is low. Bureaucrats are of course
ever willing to serve the cause of the rich and powerful

More than 50 per cent of the land owned by tribals has been acquired for a variety of reasons
over the years, displacing and marginalising lakhs of them, besides not compensating them
adequately18Displacement from their traditional habitations leaves them under acute trauma
and uncertainty. Examples include as those of Rourkela, Bhilai and Bokaro steels plants,

17
Tribal: Victims of Development Projects – India’s Forced Displacement Policy and Practice,
https://socialissuesindia.files.wordpress.com/2012/09/tribal-displacement-in-india.pdf. (As accessed on Feb., 7th
2017).
18
50 per cent of tribal land acquired over the years, http://www.business-standard.com/article/news-ians/50-per-
cent-of-tribal-land-acquired-over-the-years-rameshwar-oraon-ians-interview-116091500520_1.html. (As
accessed on Feb., 7th 2017).

16
 Ranchi's Heavy Engineering Corporation and the Narmada and SardarSarovar projects for
which only tribals were displaced. Tribals have paid the highest price of national
development because their regions are resource rich: 90 percent of all coal and around 50
percent of the remaining minerals are in their regions. Also the forest, water and other
sources abound in their habitat. The indigenous/ tribal peoples who constituted 8% of the
total population of India at 1991 census make up 55% of the total displaced persons due to
development projects up to 1990. According to the Ministry of Tribal Affairs (MTA) nearly
85 lakh tribals were displaced until 1990 on account of mega developmental projects like
dams, mining, industries and conservation of forests etc. Lakhs of tribals have been displaced
from 1990 onwards (due to the so-called economic liberalization policies of the Center under
pressure from the Western lenders) without proper rehabilitation.

As mentioned the earlier Land Acquisition Act, 1894, was created with the expressed purpose
of facilitating the government’s acquisition of privately held land for public purposes and for
the companies. The word "public purpose", as defined in the act, refers to the acquisition of
land for putting up educational institutions or schemes such as housing, health or slum
clearance, apart from the projects for rural planning or formation of sites19. The expression
“land” includes benefits that arise of land and things attached to the earth or permanently
attached to the anything fastened to the earth.20 The word "government" refers to the central
government if the purpose for acquisition is for the union and for all other purposes it refers
to the state government21 Land is typically acquired by the government through payment of
compensation to landowners as per market value. Moreover if the compensation given is
under protest than as per the enactment the awardees are entitled to refer the matter to the
court for determination of requisite amount of compensation.

The Act consisted of following problems which added to the misery of the tribals:

1) Method of fixing the monetary compensation: The land owner is entitled to the
compensation determined on the basis of the market value of the land on the date of
preliminary notification – no consideration of rising future values as a result of the
development project. It is determined by the Collector, and for any objections under Section-
5 and Section-9 of the Act, the Collector and Government act as the Quasi- Adjudicatory
Body, and the suits to a civil court are specifically barred. There is no provision for an

19
§ 3(f), The land Acquisition Act, 1894.
20
§ 3(a), The land Acquisition Act, 1894.
21
§ 3(ee), The land Acquisition Act, 1894.

17
 independent judicial body to fix the amount of compensation calculated and hear the
objections.

2) No consideration of rehabilitation : reconstructing the lives of displaced and affected

people – is clearly the most glaring short-coming of the 1894 Act, which instead emphasizes
cash compensation for loss of land and that too without specifying any time limit. This has
allowed considerable laxity to the officials further annoying the already affected people. Even
with some time limit, the larger issue of rehabilitation would remain.

3) No provision for dialogue with the affected people: The government does everything
arbitrarily, the only thing the dissatisfied land owner can do is to file objection regarding
compensation (and wait for decision). This is nothing but a mockery of democracy – one is
losing not just property but age-honored lifestyle and the law offers no platform to express
one’s opinion.

The only way an affected person can say something is by way of filing an objection within
thirty days from the date of notification in the gazette. The objections will be valid on one or
more of the following grounds:

 That the purpose for which the land is proposed for acquisition is not a public purpose,

 That the land is not or less suitable than another piece of land for the said purpose,

 That the area under acquisition is excessive,

That the acquisition will destroy or impair historical or artistic monuments or will desecrate
religious buildings, graveyards and the like. The collector after hearing the objections will
submit his report to the government who will finally declare the land for acquisition under the
Section 6 of the Act. After notification the collector proceeds with the claim. Needless to say,
this undemocratic situation is loaded against the poor tribals.

4) Total silence about project affected landless people: They often survive working for land
owners and collecting natural produce from the CPR land. In fact, a self sufficient
infrastructure of small workers doing various useful things automatically develops in any
settlement. By allowing acquisition of common property like wells, grazing fields, etc it
renders them without means of sustenance and survival. In tribal areas such facilities fall
under traditional community rights – the 1894 Act is blind towards such rights.

5) Vague and wide Definition of “Public Purpose”: Under Section-4 of the Act, the
Government is required to make a public notification of the intention to take over the land for

18
a “public purpose.” Its definition under Section-3(f) is quite vague and is often interpreted
very liberally to include a variety of uses such as housing schemes, roads, play grounds,
offices and factories, benefiting only a portion of the society by the Collector and State
Government taking advantage of the wide definition. In fact, the Supreme Court in various
cases has laid down that the “Public Purpose” is hard to define and the Government is the
best judge to decide whether a purpose falls under this definition. Under the existing
legislation, even private corporations are granted the right to acquire land under certain
sections.

CHAPTER-III TRIBAL LAND ACQUISITION: CURRENT LEGAL

STATUS
[III.A.] THE RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013

The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in
LokSabha on 7 September 2011. 22 The bill was then passed by it on 29 August 2013 and by
RajyaSabha on 4 September 2013. The bill then received the assent of the President of
India, on 27 September 2013 and came into force from 1 January 2014.23

The Act has proposed a unified legislation for acquisition of land and adequate rehabilitation
mechanisms for all affected persons and replaces the Land Acquisition Act, 1894.

The Act would protect the interests of farmers/land owners and not bar purchase of land by
the private companies, corporates among others. It would enable acquisition of land for
industries, industrialization and some form of urbanization. It also makes it mandatory that
Gram Sabhas are consulted and the R&R package is executed before the acquired land is
transferred. Under the proposed law, the R&R package would necessarily have to be
executed for land acquisitions in excess of 100 acres by private companies. It also prohibits
private companies from purchasing any multi-cropped irrigated land for public purposes.24

The Act consists of the following features which perhaps would protect the interest of the
poor and the tribals significantly.

22
"Cabinet clears land bill despite protests", http://www.ndtv.com/article/array/cabinet-clears-land-acquisition-
and-rehabilitation-bill-131514.(As accessed on Feb., 9 2017).
23
The New Land Acquisition Act to come into effect from 2014, ECONOMIC TIMES, 16 October 2013.
24
Supra note 2.

19
1 The Act makes “public purpose” clearer: it includes laying and developing of infrastructure
such as highways, roads, bridges and railway establishments, and not malls and shopping
complexes.25 To safeguard against indiscriminate acquisition, the Bill requires States to set up
a committee under the Chief Secretary to approve that the acquisition is of “public purpose”
and the social impact assessment for the land in question has been done.26

2 A Role for the Gram Sabhas: For the first time, the law has acknowledged the role of the
Gram Sabha in the process of land acquisition, stressing that they would have to be
“consulted”27

3 Time limit for utilization of land: If the acquired land was not put to use for within five
years of the acquisition, it would be returned to the original owner and the benefit of increase
in the market price should go to the owner.28

4 Compensation to both the land and livelihood losers: Both the land owners and livelihood
losers will have to be paid compensation. In rural areas, the compensation will amount to six
times the market value of the land while in urban areas it would be at least twice the market
value.29 Apart from this, the landowners will be entitled to a subsistence allowance of
Rs.3000 per month for 12 years and Rs.2000 as annuity for 20 years, with an appropriate
index for inflation.30

5 Loss of housing: Those who lost their house in the land acquisition process would be
provided a constructed house with, in rural areas, plinth area of 150 sq. m, and 50 sq. m in
urban areas, as well as a one-time resettlement allowance of Rs.50,00031. If the land acquired
is for an irrigation project, one acre of land would be provided to each affected family in the
command area. Livelihood losers would get a subsistence allowance of Rs.3,000 per month
per family for 12 months and Rs.2,000 per month for 20 years as annuity, factoring in
inflation32

6 Special provision for SC/ST: § 41 & 42 provide for special safeguards for Scheduled Caste
and Scheduled Tribes. Accordingly § 41 provides for the following:

25
§2(1), LARR Act, 2013.
26
Id.
27
The Preamble, LARR Act, 2013.
28
§101, LARR Act, 2013
29
Tribal: Victims of Development Projects – India’s Forced Displacement Policy and Practice,
https://socialissuesindia.files.wordpress.com/2012/09/tribal-displacement-in-india.pdf. (As accessed on Feb., 7th
2017).
30
Id.
31
The Second Schedule, LARR Act, 2013.
32
Id.

20
 As far as possible, no acquisition of land shall be made in the Scheduled Areas and where
such acquisition does take place it shall be done only as a demonstrable last resort.

 In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of
the concerned Gram Sabha or the Panchayats or the autonomous District Councils at the
appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case
may be, shall be obtained. In all cases of land acquisition in such areas, including acquisition
in case of urgency, before issue of a notification under this Act, or any other Central Act or a
State Act for the time being in force.

 In case of land being acquired from the members of the Scheduled Castes or the Scheduled
Tribes, at least one-third of the compensation amount due shall be paid to the affected
families initially as first installment and the rest shall be paid after taking over of the
possession of the land. The affected families of the Scheduled Tribes shall be resettled
preferably in the same Scheduled Area in a compact block so that they can retain their ethnic,
linguistic and cultural identity.

Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in
disregard of the laws and regulations for the time being in force shall be treated as null and
void. Further Scheduled Caste and Scheduled Tribes would get a special package wherein
each family was entitled to one acre of land in every project. Those settled outside the district
would be entitled to an additional 25 per cent of R&R benefits. The Act envisages that ST
families be paid one-third of the compensation amount at the very outset. They will also have
preference in relocation and resettlement in an area in the same compact block and free land
for community and social gatherings.

§42 provides for reservation and other benefits. Accordingly

All benefits, including the reservation benefits available to the Scheduled Tribes and the
Scheduled Castes in the affected areas shall continue in the resettlement area. Whenever the
affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas
referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the
Constitution are relocated outside those areas, than, all the statutory safeguards. Entitlements
and benefits being enjoyed by them under the is Act shall be extended to the area to which
they are resettled regardless of whether the resettlement area is a scheduled Area referred to
in the said Fifth Schedule or a tribal area referred to in the said Sixth Schedule or not.

21
 Where the community rights have been settled under the provisions of the Scheduled 'tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the same
shall be quantified in monetary amount and be paid to the individual concerned who has been
displaced due to the acquisition of land in proportion with his share in such community
rights.

7 Tribal Displacement Plan: If 100 or more ST families are displaced, a Tribal Displacement
Plan would be put in place. It would include settling land rights and restoring titles on
alienated land and development of alternate fuel, fodder and non-timber forest produce. STs
and SCs would also get, in the resettlement area, the reservation and other benefits they were
entitled to in the displaced area.33 Besides, the resettlement area should provide at least 25
infrastructural amenities including schools and playgrounds, health centers, roads and electric
connections, assured sources of safe drinking water for each family, PanchayatGhars, fair-
price shops and seed-cum-fertilizer storage facilities, places of worship and burial and
cremation grounds.

8 Limitations on Acquisition: Section 10(1) of the Act provides that no irrigated-multi

cropped land shall be acquired under this Act, if it is acquired only as a last resort and
subjected to development of an equivalent wetland for agricultural purposes or an amount
equivalent to the value of the land acquired shall be deposited with the appropriate
government for investment in agriculture for enhancing food security. Provided that the
provisions of this section shall not apply in case of projects which are those relating to
railways, highways, major district roads, irrigation canals etc.

9 Rehabilitation and Resettlement Under section 16 of the Act after issuing preliminary
notification the administrator for rehabilitation and resettlement shall conduct survey and
make census of the affected families. Based on the survey and census reports the
administrative officer shall prepare a draft of rehabilitation and resettlement to provide
rehabilitation and resettlement to each land owner and landless persons. For the purpose of
the Act, ‘landless persons’ means whose livelihood primarily dependent on the land is being
acquired. The draft of rehabilitation and resettlement scheme shall prescribe the time limit for
implementing rehabilitation and resettlement scheme, and it shall be made known locally. In
preparation of rehabilitation and resettlement scheme administrator shall give public, hearing
opportunity to raise an objection against the acquisition and rehabilitation and resettlement

33
§ 41, LARR Act, 2013.

22
 scheme. After completion of public hearing administrative officer shall submit the draft
scheme of rehabilitation and resettlement along with the report of the clients objections raised
in the public hearing. After reviewing, collector submits his report along with suggestions to
the commissioner of rehabilitation and resettlement for approval. Appropriate government or
collector after being satisfied with the report that any particular land is needed for public
purpose, a declaration shall be made and declaration shall be accompanied with summary of
rehabilitation and resettlement.

10 Social Impact Assessment: Preliminary step in land acquisition under the Act starts with
preparation of Social Impact Assessment under section 4 of the Act. Whenever the
appropriate government intends to acquire land it shall consult the concerned Panchayath,
Municipality or Municipal Corporation as the case may be to carry out a social impact
assessment study. Appropriate government (District collector, the sub divisional magistrate,
Teshildar) issued notification for the commencement of the Social Impact Assessment in
consultation with panchayat, municipality or municipal corporations as the case may be, and
notification shall be available in local language to the panchayat, municipality or municipal
corporation and as well as it is uploaded in the appropriate government website. As per
section 5 of the Act, public hearing for social impact assessment to ascertain the views of the
affected families and to be recorded in the social impact assessment report. Social impact
assessment report includes the following matters, namely:

 Whether the proposed acquisition serves public purpose;

 For estimation of affected families and among them likely to be displaced

 Extent of lands, houses, settlement and other colony to be affected by the property likely to
be affected by the proposed acquisition

 Whether the land acquisition at an alternative place has been considered and found not
feasible; and

 To study the overall cost investment and benefits of the project.

Under section 7 of the Act an independent multi-disciplinary group shall evaluate the social
impact assessment report. Multi-disciplinary group consists of two non-official social
scientists, two representative from panchayat or gramasabha, municipality or municipal
corporation as the case may be and two experts on rehabilitation and one technical expert.
The expert group within two months from the date of its constitution should submit its
opinion that whether the proposed project will serve the public purpose and whether the
23
 potential benefits outweigh the social cost and adverse social impact and, whether the extent
of land proposed to be acquired is the absolute bare minimum and whether there is no other
less displacing options available. Under section 8(2) of the Act appropriate government after
examining the report of the social impact assessment and report of the collector if any,
recommended such area for acquisition provided it ensure minimum displacement of people,
minimum disturbance to the infrastructure, ecology and minimum adverse impact on the
individual. Appropriate government will make sure that prior consent of the affected families
in case of acquisition for private companies at least 80 per cent and at least 70 per cent in
case of acquisition for private public partnership projects. Under section 9 of the Act
appropriate government may exempt the land which is sought to be acquired by invoking the
urgency clause (section 40 of the Act) from social impact assessment study. If preliminary
notification is not issued within 12 months from the date of appraisal of the social impact
assessment report submitted, then such report shall be deemed to have lapsed and a fresh
social impact assessment shall be required to be undertaken prior to any acquisition.

[III.B] OTHER LEGISLATIONS

1 Forest Rights Act, 2006

The forest dwelling Scheduled Tribes and other traditional forest dwellers are integral to the
very survival and sustainability of the forest ecosystem. A great injustice has been done by
not recognising their rights over their ancestral forest lands and their habitats either during the
colonial period or in independent India. It was in order to undo the injustice that the
Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 or simply Forest Right Acts was enacted. The Forest Rights Act envisages,the
following

 Recognizing, recording, and vesting the forest rights and occupation in forest land with the
forest dwelling Scheduled Tribes and other traditional forest dwellers;

 Providing a framework for recording the forest rights so vested and the nature of evidence
required for such recognition and vesting in respect of forest land; and

 Strengthening the conservation regime of the forests while ensuring livelihood and food
security of the forest dwelling Scheduled Tribes and other traditional forest dwellers.

However, even after 10 years of its enforcement, nothing has changed. A report in the 15th
November, 2013 issue of 'Down to Earth' magazine states that:

24
 'lives of the forest dwellers have not changed much. Not one state has initiated concrete steps
to officially register the title holders in the state land records. Without this they remain what
they used to be―officially non-existent. Moreover there has been following issues which
have undermined the efficiency of the law and thus there is need to address such isues at the
earliest:

 The tribal population is still not aware of the specific rights the FRA has given the.

 There are other overlapping laws that negate the spirit and content of FRA.

 There is vehement opposition towards implementation of the Act from the forest department
officials who don’t want give their traditional power, the environmental activists who think
forests are safer without people (they fail to imagine that humans can live symbiotically with
its surroundings), and the Ministry of Environment and Forest (MoEF) cannot tolerate a
situation where the poor tribals in Gram Sabhas are allowed to decide the fate of the so-called
large “development” projects of the rich corporate houses and MNCs.

25
 CHAPTER-IV TRIBAL LAND ACQUISITION IN CHHATTISGARH
“Development is not only about minerals and natural resources and a simple ‘dig and sell’
proposition, it is about tribals and backward castes and their land and livelihood
alienation. It is about poverty, backwardness and Naxalism. It is also about deforestation
and biodiversity impact, water security and pollution.” – Chandra Bhushan, a researcher
on mineral policy

Chhattisgarh is a state in central India that was formed on 1 November 2000 from the 16
Chhattisgarhi speaking districts of Madhya Pradesh. It is incredibly rich in minerals,
including iron-ore, limestone, coal, bauxite, tin, quartz, marble and diamonds, and produces
20% of the country’s steel and cement. However, about 34% of the population are Adivasi
and the majority of the rest are listed as ‘backward castes,’ which makes it a rich state
inhabited by a poor population34

[IV.A] TRIBAL DISPLACEMENT: AN OVERVIEW

Large scale alienation of tribals from their land is going on rampantly in Chhattisgarh.
Whether for coal blocks in Raigarh, or a power plant in Premnagar, cement plants in Tilda, or
a large industrial area in Rajnandgaon, bauxite mining in Sarguja and Jashpur, sponge iron or
diamond mining in Devbhog, tribals are facing and resisting displacement. Same is the story
for the Tiger Reserve, Elephant Reserve, Wild life Sanctuaries etc. in Bilaspur, Jashpur and
Dhamtari districts. The list is endless. A peasant woman, Satyabhama, lost her life while
being force-fed to break the indefinite fast she had undertaken to save the waters of the
Keloriver from pollution by Jindal Steel in the Raigarh district.

In September 2008, a road blockade by hundreds of villagers of the

“JameenBachaoSangharshSamiti” stalled a proposal for handing over an area of 105 square
kilometers situated in 30 villages of Kunkuri Tehsil of district Jashpur to the Jindal Power
and Steel Limited “to search for gold, diamond, platinum group of minerals, precious and
semiprecious gemstones”.35 The way companies are zeroing on mineral resources can be
clearly seen in the cement sector. There are about 8225 million tons of limestone in
Chhattisgarh, predominantly in the Raipur, Durg, Janjgir, Bilaspur, Rajnandgaon, Kawardha
and Bastar districts, a large proportion of which is cement grade. In the past decade the plant

34
The Suffering of the Adivasis (tribal people) in Chhattisgarh, https://lucycalder.com/india/the-adivasis-of-
chhattisgarh/.(As accessed on Feb., 10, 2017).
35
Id.

26
of the public sector Cement Corporation of India at Mandhar (Raipur) has closed down. The
well known brands of ACC and Ambuja have been taken over by the Swiss multinational
Holcim. Lafarge has also taken over two cement plants. Seven percent of the country’s
bauxite, about 198 million tones, is available in the Sarguja, Jashpur, Kawardha, Kanker and
Bastar districts. It is being mined at present in Sarguja by the now privatized Sterlite and the
Hindalco companies. Hundreds of adivasi families have lost their lands. In the name of
employment one person from the affected family were employed as lowly paid contract labor.
Discontent is rife among these landless adivasi miners. Sixteen percent of the country’s coal
(39,545 million tones) is to be found in the Raigarh, Sarguja, Koriya and Korba districts of
northern Chhattisgarh. In 2007, the adivasis of Khamariya Village, raising objections to
giving up their lands to the Jindal Coal Mines, were beaten up during in a public hearing
arranged by the district administration but was steered by the Jindals. The public hearings for
environmental clearances for three more power projects including AES Chhattisgarh Power
(a joint venture with the American energy giant) were recently stalled by villagers protesting
that they had not been notified and they apprehended widespread pollution. The Indian
Farmers Fertilizer Cooperative Ltd (IFFCO) had to withdraw its proposal of setting up a 1000
mw coal-based thermal power plant in Premnagar in Sarguja district after strong protests.
When the company persisted and got their leader arrested, over 1,000 people marched to the
police station to get him released. The new site subsequently chosen by IFFCO, 10km away,
also came into serious controversy recently, when villagers who had passed a resolution
against the project. In the coal sector, the presence of the coal mafia is so overpowering that
an MLA of Dhanbad has alleged that “SECL could earn only Rs 800 crore profit in the fiscal
year 2006- 07, whereas it (the earning) could have been more than Rs 30,000 crore if the
government could have reduced the pilferage.” In particular it is an open secret that in
Chhattisgarh the Aryan Coal Beneficiaries (that also runs the daily newspaper Haribhoomi)
has a monopoly over the washery business and therefore makes a lot of money at SECL’s
expense. One-fifth of the country’s iron ore – about 2336 million tones averaging 68% purity
is found in the Dantewada, Kanker, Rajnandgaon, Bastar and Durg districts. The Bhilai Steel
Plant is one of the world’s most efficient steel plants, yet it is being deliberately tripped by
private players particularly Jindal Steel & Power. The Bastar region is one of the richest in
mineral resources – not only in iron ore, but also perhaps a host of other unexplored minerals
including limestone, bauxite, and even diamond and uranium. In May 2008, about 5,000
tribals from 25 villages took out a two-day protest ‘padyatra’ from the site of the proposed
steel plant of Essar to Faraspal of district Dantewada, to protest mining of iron ore from the

27
Bailadilamountains. They claimed that the government has granted mining leases to 96
industrial houses besides Tata and Essar in the Bailadila area and demanded that the
mountains, 40 km long and 10km wide, which contained iron ore deposits to the tune of 300
crore tonnes should not be leased to private companies for mining as it could pose a threat to
the existence of the mountains as well as the local tribal culture.

[IV.B] NAXALISM

Naxalite is a broad term, often used pejoratively by the Indian government, to refer to the
various militant Communist groups active in different parts of India36. The movement began
in 1967, in a small village in West Bengal called Naxalbari, when a section of the Communist
Party of India (Marxist) (CPM), led by CharuMajumdar, KanuSanyal and JangdalSanthal,
initiated an armed struggle to redistribute land to the landless. This inspired violent uprisings
of peasants and tribal people all over the country, supported by a large number of urban
intellectuals, but the original movement was largely a failure.37

Since then the movement has fragmented into several disputing factions. Some of them, such
as the Communist Party of India (Marxist-Leninist) are legal organisations; but others, such
as the Communist Party of India (Maoist) (formed in 2004 from the merger of three major
Naxalite parties), or Jan Shakti, are banned under the ‘Unlawful Activities Prevention Act.38’

In the 1980s, Maoists from Andhra Pradesh began working in the Bastar district of
Chhattisgarh. They took up issues such as land distribution, freedom from harrassment by
the forest guard and higher rates for tendu leaves. Tendu leaves are used to make the local
cigarettes and are a major source of cash for villagers. The Maoists recruited local people
and their influence quickly spread through at least 9 of the 16 districts of the State.39

The Naxalites have provided the Adivasis some protection, but ultimately the suffering of the
tribal people has only increased. The Maoist policy was to forcibly recruit one cadre from
each Adivasi family, and there were indiscriminate executions of ‘petty bourgeois’ among the
villagers. In 2005 an organisation called ‘SalwaJudum’ was formed under the leadership of
Mr Mahendra Karma, the Leader of Opposition in the Chhattisgarh State Legislative
Assembly, to counter the episodic attacks of the Maoists. SalwaJudum means ‘Peace

36
RAMAKRISHNAN, VENKITESH THENAXALITE CHALLENGE FRONTLINE.
37
Naxalism& Its causes, http://www.jagranjosh.com/general-knowledge/naxalism-and-its-causes-1400242166-1.
( As accessed on Feb. 10, 2017).
38
Id.
39
Supra note 34.

28
Initiative’,40 but in reality it is a vigilante organisation that goes around burning villages and
killing people. In 2011, the Supreme Court has declared it now as unconstitutional and
ordered its disbanding. The Court directed the Chhattisgarh government to recover all the
firearms, ammunition and accessories. The use of SalwaJudum by the government for anti-
Naxal operations was criticised for its violations of human rights and poorly trained youth for
counter-insurgency roles. It also ordered the government to investigate all instances of
alleged criminal activities of SalwaJudum.41

In 2006, in the Dantewada district, about 50,000 people were forcibly cleared out from some
644 villages,42 so that the Maoists would lose their popular bases. Many people were put into
roadside camps, where conditions were terrible and there were no education facilities apart
from anti-Naxalite indoctrination and military training. The tragedy is that most tribal people
do not share in Maoist ideals, they simply want an end to exploitation, yet there is evidence
that the ulterior motive for ground clearing was acquisition for mining companies. Some of
the displaced DantewadaAdivasis joined the Maoists, but a much larger number fled to
Andhra Pradesh. Today only about 8000 people remained in the camps, but those who refuse
to cooperate and dare to return to their villages are declared to be Naxalites by the State. It is
then considered legitimate for them to be beaten, starved of food, medical supplies and access
to markets, or arrested The government has now launched a huge military offensive in
Chhattisgarh, called ‘Operation Green Hunt’, that is causing hundreds of thousands of people
to abandon their villages and seek refuge in Andhra Pradesh.

[IV.C] CHHATTISGARH LAND REVENUE CODE, 1979

The Chhattisgarh Land Revenue Code is an Act to consolidate and amend the law relating to
land revenue, the powers of Revenue Officers, rights and Liabilities of holders of land from
the State Government agricultural tenures and other matters relating to land and the
liabilities incidental thereto in Chhattisgarh.43

The Act consist of an express provision under § 170-B which aims for the protection of tribal
and their land. The section provides for reversion of land of members of aboriginal tribe
which was transferred by fraud. Accordingly the section states:

40
What is SalwaJudum, http://indiatoday.intoday.in/gallery/salwa-judum-of-chhattisgarh/1/5032.html (As
accessed on Feb., 10, 2017)
41
SALWAJUDUM IS ILLEGAL SAYS SUPREME COURT, THE HINDU, JULY 5 2011.
42
The struggle of adivasis of Bastar, Chhattisgarh against imperialist corporate landgrab,
https://landmovements.wordpress.com/2011/11/04/the-struggle-of-adivasis-of-bastar-chhattisgarh-against-
imperialist-corporate-landgrab/.(As accessed on Feb., 10, 2017).
43
The Preamble, Chhattisgarh Land Revenue Code, 1959.

29
(1) Every person who on the date of commencement of Madhya Pradesh Land Revenue Code
(Amendment) Act, 1980 (hereinafter referred to as the Amendment Act of 1980) is in
possession of agricultural land which belonged to a member of a tribe which has been
declared to be an aboriginal tribe under sub-section (67) of section 165 between the period
commending on the 2nd October, 1959 and ending on the date of the commencement of
Amendment Act, 1980 shall, within two years of such commencement, notify to the Sub-
Divisional Officer in such form and in such manner as may be prescribed, all the information
as to how he has come in possession of such land.

(2) If any person fails to notify the information as required by sub-section (1) within the
period specified therein it shall be presumed that such person has been in possession of the
agricultural land without any lawful authority and the agricultural land shall, on the
expiration of the period aforesaid revert to the person to whom it originally belonged and if
that person be dead, to his legal heirs.

[2-A] If a Gram Sabha in the Scheduled area referred to in clause (1) of Article 244 of the
Constitution finds that any person, other than a member of an aboriginal tribe, is in
possession of any land of a Bhumiswami belonging to an aboriginal tribe, without any lawful
authority, it shall restore the possession of such land to that person to whom it originally
belonged and if that person is dead to his legal heirs.

Provided that if the Gram Sabha fails to restore the possession of such land, it shall refer the
matter to the Sub-Divisional Officer, who shall restore the possession of such land within
three months from the date of receipt of the reference.

(3) On receipt of information under sub-section (1), the Sub-Divisional Officer shall make
such enquiry as may be deemed necessary about all such transactions of transfer and if he
finds that the member of aboriginal tribe has been defrauded of his legitimate right he shall
declare the transaction null and void and pass an order revesting the agricultural land in the
transferer and, if he is dead, in his legal heirs.

(3) On receipt of information under sub-section (1), the Sub-Divisional Officer shall make
such enquiry as may be necessary about all such transactions of transfer and if he finds that
the member of aboriginal tribe has been defrauded of his legitimate right he shall declare the
transaction null and void and

30
- a. Where no building or structure has been erected on the agricultural land prior to such
finding pass an order revesting the agricultural land in the transferer and, if he is dead, in his
legal heirs.

b. Where any building or structure has been erected on the agricultural land prior to such
finding pass, he shall fix the price of such land in accordance with the principles laid down
for fixation of price of land in the Land Acquisition Act, 1894 (No.1 of 1894) and order the
person referred to in sub-section (1) to pay to the transferer the difference, if any, between the
price so fixed and that price actually paid to the transferer;

Provided that where building or structure has been erected after 1st day of January, 1984 the
provisions of clause (b) above shall not apply.

Provided further that fixation of price under clause (b) shall be with reference to the price on
the date of registration of the case before the Sub-Divisional Officer.

In JagdeeshChoudhary v. The Board of Revenue44 The Chhattisgarh High Court observed

that Authority initiating proceedings under sub-sec.(3) of S.170B of CG Land Revenue Code,
1959 is required to hold inquiry into the matter before passing final order.

44
W. P. No. 3916/2000

31
 CONCLUSION
Land is a precious natural resource which is sine-qua non for urbanization and overall
development of the country. Over the years, large tracts of land have been acquired by the
state under the doctrine of eminent domain for the welfare of the common good.

The nation has enacted various legislations in respect of land acquisition but as evident from
the project and various authoritative studies, it is a proved fact that tribals are the worst
victims of development. The tribals share a unique bond with the land and forests but due to
land acquisition for development their rights are violated. They are displaced, they are not
adequately compensated, and are worst victims of atrocities Tribal land acquisition has
become a major woe of the tribals which must be addressed in order to ensure uniform
development.Corruption among the government officials, bureaucrats, corporate houses, non-
involvement of the tribals in decision and making poor implementation of the welfare
schemes and legislations are the root causes for this abysmal state of the tribals.

The country has adopted the LARR Act, 2013 which incorporates various sections for the
protection and adequate compensation of the tribals. However, strict implementation of the
Act will be the key.

Besides addressing the root causes, it is recommended that education, awareness and
sensitization of the people towards tribal people, their rights and problems will prove
beneficial in eradicating discrimination and violation of their rights in the event of tribal land
acquisition.

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 BIBLIOGRAPHY
I. CONSTITUTION

 THE CONSTITUTION OF INDIA, 1950.

II. STATUTES

 LAND ACQUISITION ACT, 1894.

 RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION

AND RESETTLEMENT ACT, 2013

 CHHATTISGARH LAND REVENUE CODE, 1959.

 SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST

RIGHTS) ACT, 2006.

III. CASES REFERRED

 Ram Jiyaman v. State of Uttar Pradesh, AIR 1994 SC 38.

 Somawati v. State of Punjab, AIR 1963 SC 151.

 U. S. v. Jones, (1883)27 LED 1015.

 WamanRao v. Union of India, AIR 1981 SC 271.

IV. BOOKS REFERRED

 MP JAIN, INDIAN CONSTITUTIONAL LAW, LEXIS NEXISBUTTERWORTHSWADHWA, NAGPUR

(7TH ED., 2014).

 V.G. RAMACHANDRA’S, THE LAW OF LAND ACQUISITION & COMPENSATION EASTERN BOOK
COMPANY, LUCKNOW (8TH ED., 1995)

 OM PRAKASHAGGARWALA, COMMENTARY ON THE LAND ACQUISITION ACT (8TH ED., 2008),

 RAM AHUJA, SOCIETY IN INDIA RAWAT PUBLICATION, JAIPUR ( 2012).

 ICSSR SURVEY OF RESEARCH IN SOCIOLOGY AND ANTHROPOLOGY, VOL.III, 1972:32

V.WEBSITES REFERRED

 http://shodhganga.inflibnet.ac.in/bitstream/10603/48090/13/13_chapter%206.pdf

33
 Demographic Status of Scheduled Tribe Population of India,
http://tribal.nic.in/WriteReadData/userfiles/file/Demographic.pdf.

 Tribal: Victims of Development Projects – India’s Forced Displacement Policy and Practice,

https://socialissuesindia.files.wordpress.com/2012/09/tribal-displacement-in-india.pdf.

 50 per cent of tribal land acquired over the years, http://www.business-

standard.com/article/news-ians/50-per-cent-of-tribal-land-acquired-over-the-years-
rameshwar-oraon-ians-interview-116091500520_1.html

 The Suffering of the Adivasis (tribal people) in Chhattisgarh,

https://lucycalder.com/india/the-adivasis-of-chhattisgarh/.

 Naxalism& Its causes, http://www.jagranjosh.com/general-knowledge/naxalism-and-its-

causes-1400242166

 The struggle of adivasis of Bastar, Chhattisgarh against imperialist corporate landgrab,

https://landmovements.wordpress.com/2011/11/04/the-struggle-of-adivasis-of-bastar-
chhattisgarh-against-imperialist-corporate-landgrab/

34