2007 NATIONAL RESETTLEMENT AND REHABILITATION POLICY:
AN EXTENSION OF THE ORISSA 2006 R&R POLICY

Dr.A.B.Ota,
DIRECTOR,
SCs & STs Research and Training Institute.
CRP Square, Bhubaneswar – 751003.

Orissa is regarded as the pioneering state in respect of formulation of R&R Policy. In fact, much before the first Operational Directive on R&R of World Bank in 1980 was issued out, the state government came up with the country’s first R&R Policy guideline in the form of Rengali Dam Project R&R guidelines. In fact, other states have followed the Orissa R&R guidelines and have developed state and sector specific R&R Policies. Orissa subsequently brought improvement in the R&R Packages and gradually came up with more pro-people R&R Policies in the shape of Upper Indravati Irrigation Policy, 1994 R&R Policy for the Water Resources Sector, Industrial and Mining Policy and a host of R&R Policies/packages by the Corporate Houses including the MCL, NALCO, NTPC R&R Policies. To reduce large number of R&R Policies in vogue and to bring in uniformity in the R&R for different kinds of Development Projects and to address the issues not addressed in the existing R&R Policies, Government of Orissa with the technical and financial support of UNDP and DFID, came up with a very pro-people, liberal R&R Policy in the form of Orissa 2006 R&R Policy. It contained a number of provisions, which addresses most of the critical areas of concern that have been raised by different stakeholders and also the displaced people. This Policy has been formulated through a wide range of consultations with different kinds of stakeholders and is widely acclaimed as the best R&R Policy in the entire country. But no Policy is full proof, so also the R&R Policy 2006.

Almost after a gap of one year, Government of India in the Ministry of Rural Development, on 11.10.2007 approved a bill that broadened the definition of "public purpose'' for which any land can be acquired by it under the Land Acquisition Act. The bill was approved by the union cabinet today along with the National Rehabilitation and Resettlement Policy (R&R) 2007. The R&R policy itself assures land for land and jobs for persons displaced by land acquired by government besides pensions to the most vulnerable among the displaced persons. While the R&R policy provides a wide range of compensation measures for those affected by land acquisition by the government, the amendment in the Land Acquisition Bill widens the scope for such compensation as the government can now acquire 30% of the land required by an industrial venture.

? As per the Amendment proposed in the bill the land acquired for companies or other persons will be returned to the government if it is not used in five years. The bill also includes persons having tenancy rights in the definition of "persons interested'' thus recognizing the right to compensation for the tenants.

? The Amendment Bill also moots a new dispute redressal mechanism replacing the lower courts to fast-track land dispute cases. A Land Acquisition Compensation Disputes Settlement Authority has been proposed in each state with one for the center.

? The solatium given to a person whose land is acquired by the government for various "public purposes'' will now have to be 60% of the land's market value. The earlier amount was 30% of the market value.

? Under the new R&R policy approved by the cabinet, persons whose land is acquired by the government will now get land for land, depending on availability, one job per nuclear family again depending on availability and suitability of the affected person. It also provides for training and capacity building of the displaced enabling them to take up suitable jobs and/or be self-employed.

? Although a compensation disputes settlement authority has been proposed under the new Amendment Bill, the compensation proposed in the R&R policy itself is not mandatory as land is a state subject and provisions as given in the policy are also subject to various factors like land, and job availability.

? However, when the 2007 National R&R Policy provisions are compared with the Orissa 2006 R&R Policy, it is observed that the National Policy has incorporated most of the provisions envisaged in the 2006 Orissa Policy and in addition to those have added few other pro-people provisions which will make it more acceptable to the impacted people and will hopefully create a win-win situation for the project authorities and the impacted people who in most of the development projects in recent times are opposing and not allowing the projects to be grounded. Thus, the 2007 National R&R Policy can be designated asn extension of the Orissa 2006 R&R Policy.

However, when the 2007 National R&R Policy provisions are compared with the Orissa 2006 R&R Policy, it is observed that the National Policy has incorporated most of the provisions envisaged in the 2006 Orissa Policy and in addition to those have added few other pro-people provisions which will make it more acceptable to the impacted people and will hopefully create a win-win situation for the project authorities and the impacted people who in most of the development projects in recent times are opposing and not allowing the projects to be grounded. Thus, the 2007 National R&R Policy can be designated as an extension of the Orissa 2006 R&R Policy. Some of the Highlights of both the National R&R Policy 2007 and Land Acquisition Act Amendment Bill 2007 are given below which will give a clear picture of the extent these documents will be able to fulfill the ambitions and concerns of the affected people of development projects.

Highlights of the National R&R Policy 2007:

? Policy covers all cases of involuntary displacement
? Social impact assessment for displacement of 400/200 SC/ST families
? Tribal development plan for displacement of more than 200 ST families
? Consultations with gram sabhas made compulsory
? Jobs, land for land (if possible), preference in project jobs (one per nuclear family), rehab grant in lieu of job and land
? Option for shares in companies implementing projects
? Monthly pension to disabled, destitute, orphans, widows and unmarried girls
? Amenities in resettlement areas
? R&R committee for each project
? Ombudsman for grievance redressal of the impacted persons.

Highlights of Land Acquisition Act Amendment Bill:

? Public purpose redefined to include public infrastructure like power, communication, mining, water supply and public facilities
? Public purpose also includes cases of company or association or body of individuals provided 70% of land is acquired by the party
? Land Acquisition Compensation Disputes Settlement Authority proposed in each state
? Solatium increased from 30% to 60% of market value
? 80% of difference in price of land acquired to be shared with landowners.