Civil society flags widespread violations of land acquisition Act before Parliamentary panel

 

Civil society organisations and stakeholders from across India have presented stark evidence before the Parliamentary Standing Committee on Rural Development and Panchayati Raj, alleging systemic violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, particularly in Scheduled Areas and tribal regions.

The Committee's Twenty-Fourth Report, tabled in Parliament, documents detailed submissions from activists, experts, and affected communities from Gujarat, Odisha, Lakshadweep, and the Andaman & Nicobar Islands.

'Rampant Violations' in Scheduled Areas

Representatives from Land Conflict Watch told the Committee that while the LARR Act requires acquisition to be the "last resort" in Scheduled Areas under Section 41, with mandatory prior consent of Gram Sabhas, authorities have systematically bypassed these provisions.

Citing a September 2024 CAG performance audit of land management in Odisha's Scheduled Areas, the organisation revealed that 136 land acquisition cases in Kalahandi, Koraput, Mayurbhanj, and Sundargarh districts violated multiple provisions of the LARR Act and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996.

"In 73 cases involving 297.49 acres, Gram Sabha consent was not taken at all," a representative submitted, listing projects including the Telengiri Major Irrigation Project and the Talcher-Bimlagarh Rail Link Project.

The audit further found that in 24 cases, Gram Sabha consent was obtained without the required quorum — which mandates at least 50 percent attendance with one-third women members. Attendance in some meetings was reportedly as low as 0.30 to 8.80 percent.

Fake Gram Sabhas and Land Diversion in Odisha

Experts from Odisha, including Prafulla Samantara of Lok Shakti Abhiyan, presented disturbing accounts of alleged procedural fraud in Rayagada and Kalahandi districts.

They claimed that "fake Gram Sabhas" were convened for diversion of forestlands for the Sijimali bauxite mines, and that village common lands were being diverted to the Industrial Development Corporation of Odisha (IDCO) for a land bank — all without prior informed consent of affected communities.

The experts also alleged that legal rights of forest-dwelling communities under the Forest Rights Act (FRA), 2006, have been "arbitrarily set aside" by district administrations, and that genuine Social Impact Assessments (SIA) were absent.

Gujarat Experts Flag Language Barrier, Submerged Lands

Stakeholders from Gujarat, including representatives of Adivasi Ekta Manch and Parayavaran Suraksha Samiti, pointed out that acquisition notifications are issued only in English and Hindi, which are "equally foreign" to local tribal communities who speak Gujarati.

"Adivasis face confusion regarding laws," a witness submitted, noting that while the Constitution provides clear protections for Scheduled Areas under Article 244(1) and the Fifth Schedule, the ground reality is "very different."

The Committee was also told that the Garudeshwar weir, part of the Sardar Sarovar project, has submerged farmers' lands since 2017-18 "without acquisition" — an allegation of outright dispossession without following any legal process.

Lakshadweep: Denial of Fair Compensation, 'Land Grabbing'

Stakeholders from the Union Territory of Lakshadweep, including Sharafudden B. of Island Sense Foundation, raised serious grievances about land acquisition practices on the islands.

They alleged that 1,250 acres of land are proposed to be "grabbed," with a large portion to be handed over to non-tribals for private hotels and "tent cities." Native Scheduled Tribes of Minicoy Island, they claimed, have been denied any land compensation whatsoever.

Compensation rates, they submitted, are being calculated at 200 percent instead of the mandated 400 percent, with rates as low as ₹350 per square metre in more deserving areas and ₹2,500 per square metre elsewhere.

"The administration is denying equal partnership to native STs in matters of development," the stakeholders told the Committee.

Andaman & Nicobar: Tribal Reserve Threatened by 'Holistic Development' Project

Perhaps the most alarming submissions came from experts on the Andaman & Nicobar Islands, including anthropologists Dr. Manish Chandi and Anstice Justin, who detailed the proposed "Holistic Development of Great Nicobar Island" project.

According to their submission, over 131 sq km of forest land and 84 sq km of Tribal Reserve — statutorily protected under the Andaman & Nicobar Islands Protection of Aboriginal Tribes Regulation (ANIPATR), 1956 — are to be diverted for commercial use.

The project threatens the Shompen (a Particularly Vulnerable Tribal Group) and Nicobarese (Scheduled Tribe) communities, whose ancestral lands, hunting grounds, and foraging areas lie within the project zone.

The experts pointed out that the Tribal Council withdrew its No-Objection Certificate in November 2022, stating the government had "misled them about the project's scale and impact." Despite this, the government proceeded with environmental clearances.

The Social Impact Assessment, they alleged, was conducted by a Delhi-based agency "with no expertise in tribal affairs," ignored the Shompen and Nicobarese communities entirely, and consulted no anthropologists or tribal welfare experts — violating the LARR Act's mandate.

"The administration's repeated claims that tribal communities will not be displaced are entirely misleading," the experts submitted. "Shompen settlements exist within the Galathea basin. Great Nicobarese have already become internally displaced persons, living far from their ancestral territories."

They also noted that the National Green Tribunal issued a stay order in April 2023, which has allegedly not been complied with — "raising concerns over judicial defiance."

Call for Strict Implementation

Across all submissions, civil society organisations unanimously called for strict enforcement of the RFCTLARR Act, 2013, in its "entirety and true spirit," particularly in Scheduled Areas.

Key demands included: making Gram Sabha consent mandatory and binding for all acquisitions; integrating the Forest Rights Act, 2006 with land acquisition processes; ensuring Social Impact Assessments are genuine and participatory; providing fair compensation based on "livelihood value" rather than outdated circle rates; and honoring the "land for land" guarantee for Scheduled Tribes.

The Committee, in its observations, has strongly endorsed these concerns and recommended a series of measures to strengthen implementation, including establishing Land Acquisition, Rehabilitation and Resettlement Authorities in all States, creating a central monitoring mechanism, and ensuring no possession of land occurs until full rehabilitation packages are delivered.