Participation and Perception of Project Affected People in SIA Process under RFCTLARR Act 2013

Charan Maharana
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Abstract

Undoubtedly, growing urbanisation, increasing of infrastructure requirement and rapid economic development has imposed high pressure on land in India. Private land is regularly acquired for both State-sponsored development and private projects, which is increasingly become contentious. Compulsory acquisition of land till the end of December 2013 is primarily governed by the Land Acquisition Act, 1894, which is century-old legislation enacted in the very different social, economic and political milieu. Post-independence period Indian Government has not fundamentally changed the acquisition policy to reflect the values and needs of our times, which has resulted in legal, social, cultural, economic and political fallouts. Land Acquisition Act, 1894 is needed for public purpose and economic development, but it is deficient in many respects. In this background the colonial Land Acquisition Act, 1894 was repealed and replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.2013. It is now settled that whatever State or Government acquires land from its citizens for public purpose, it has power to do so. The jurisprudence that has developed around colonial Land Acquisition Ac, 1894 over the years on this subject has made the citizen, a subject. The colonial mind-set is that all pervasive under the Act was reflected in practice and even the judiciary in some cases has inadvertently furthered this notion. Thus, it becomes imperative to scrutinize the law and test it, against the contemporary democratic values. However, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 made an attempt to balance within the larger political context of land acquisition in India. Through the land acquisition how people be affected to be estimated by SIA study suggested in The RFCTLARR Act 2013. But the entire SIA process can be succeed when all the stakeholders in general and the project affected people or families in particular to be participated fully during the implementation of the project. The current paper have studied the participation and perception of project affected families in different projects implemented by Government of Odisha.
项目受影响人群在《2013 年 RFCTLARR 法》规定的 SIA 流程中的参与情况和看法
毫无疑问,日益增长的城市化、不断增加的基础设施需求和快速的经济发展对印度的土地造成了巨大压力。私人土地经常被征用,用于国家支持的开发和私人项目,这也越来越引起争议。截至 2013 年 12 月底,强制征用土地主要受 1894 年《土地征用法》管辖,该法是在社会、经济和政治环境截然不同的情况下颁布的,已有百年历史。独立后的印度政府并未从根本上改变土地征用政策,以反映我们时代的价值观和需求,这导致了法律、社会、文化、经济和政治方面的后果。1894 年土地征用法》是公共目的和经济发展的需要,但在许多方面存在缺陷。在此背景下,1894 年殖民地时期的《土地征用法》被废除,取而代之的是《2013 年土地征用、恢复和重新安置中的公平补偿和透明度权利法》。现在已经确定,无论国家或政府出于公共目的从其公民手中获取土地,它都有权这样做。多年来,围绕 1894 年殖民时期《土地征用法》在此问题上形成的法理已将公民视为主体。殖民时期的思维定势是,该法所规定的一切都反映在实践中,甚至司法机构在某些情况下也无意中进一步强化了这一观念。因此,必须根据当代民主价值观对法律进行审查和检验。然而,2013 年《土地征用、恢复和重新安置中的公平补偿权和透明度法》试图在印度土地征用的大政治背景下实现平衡。2013 年土地征用、恢复和重新安置法》中建议通过 SIA 研究估算受土地征用影响的人数。但是,在项目实施过程中,如果所有利益相关者,特别是受项目影响的人或家庭都能充分参与,整个 SIA 过程就能取得成功。本文研究了奥迪沙邦政府实施的不同项目中受项目影响家庭的参与情况和看法。
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