The Odisha government on Thursday tabled a bill in the assembly to do away with the practice of holding social impact assessments (SIAs) before acquiring land for various projects, including those “vital to national security”, as per the Centre’s guidelines.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Odisha Amendment) Bill 2023 seeks to amend the Centre’s Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, whose section 4 mandates the conduct of SIA before the process of land acquisition.
Odisha is not the first state to introduce such amendments in the central Act. Telangana, Gujarat, Andhra Pradesh, Maharashtra and Jharkhand have also amended the provisions of the central Act to exempt developmental projects from the purview of SIA and public hearing.
Introducing the bill in the Odisha assembly, revenue minister Pramilla Mallick said the state government, through the Make in Odisha initiatives, intends to attract private investments in mega projects across sectors and subsequently fast track the process of development.
“Providing land to the project proponent in a hassle free way is one of the basic requirements of industrial and infrastructure development and acquisition of private land under the central law has remained a major challenge for the state government. To broadbase the industrial ecosystem for faster industrial promotion for employment generation and all-round economic development of the state, a taskforce was constituted under the chairmanship of additional chief secretary revenue and disaster management department to suggest necessary changes in existing land laws and procedures for facilitating smooth transfer of land for the industrial projects,” Mallick said.
{{/usCountry}}“Providing land to the project proponent in a hassle free way is one of the basic requirements of industrial and infrastructure development and acquisition of private land under the central law has remained a major challenge for the state government. To broadbase the industrial ecosystem for faster industrial promotion for employment generation and all-round economic development of the state, a taskforce was constituted under the chairmanship of additional chief secretary revenue and disaster management department to suggest necessary changes in existing land laws and procedures for facilitating smooth transfer of land for the industrial projects,” Mallick said.
{{/usCountry}}Mallick said the proposed amendment of the state government would do away with application of two chapters in the central Act – social impact assessment and bar in acquiring irrigated multi-cropped land – for projects vital to national security or defence of the country, infrastructure projects, including educational institutions, health infrastructure, government offices, electrification, irrigation projects and drinking water projects, affordable housing and housing for poor people, industrial corridors set up by the state government and its undertakings and all linear projects, like state highways and national highways.
Ramakrushna Panda, member of CPI’S national council, said the amendment is completely undemocratic and would be opposed by his party. “Without taking the consent of the palli sabha and without any public hearing, land acquisition is a violation of the central Act. This is a conspiracy to deprive the poor people of their rights,” Panda said.
According to section 4 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the SIA is to be conducted by an independent agency, in consultation with affected communities and representatives of local bodies. The assessment identifies the nature and extent of likely adverse social impacts during the course of the project, estimate of affected families and those likely to be displaced and impact of land loss on livelihood, infrastructure assets and public utilities.
The report reveals whether the project serves the interest of the public, the extent of land required is bare minimum and the present location has been identified after due consideration of alternative sites. It also reveals the effect of the cumulative cost of mitigating adverse social impacts on the total project cost compared to the benefits of the project.
After the study is conducted, a public hearing is organised to share the draft SIA report and a social impact mitigation plan in the Gram Sabha of affected villages and the views of the affected families are heard to be incorporated in the final report before it is submitted to the appropriate government.
Activist Prafulla Samantra, who has fought several cases against land acquisition in the state, said the amendment is being brought under pressure from corporate houses.
“With just a year to go, the Naveen Patnaik government needs corporate funding to fight the polls and that’s why such undemocratic amendments have been brought in. We will oppose it outside the Assembly,” Samantra said.
Assembly elections in Odisha are scheduled to be held next year.