Development planning,minimum desplacement and just rehabilitation policy (A preliminary draft prepared by NAPM and others)

Abstract

This document is limited to rehabilitation of oustees of projects in rural areas. The idea, initially, was to prepare a draft enactment of Development Planning, Minimum Displacement and Just Rehabilitation. However, considering the efforts made by the relevant groups and movements as well as the National Rehabilitation Policies of the government in 2003 and 2006, it was decided to call this document National Policy only. It can be converted into a draft enactment with ease, as and when required. This document is based on the structure of the 2006 NRP because the government itself has accepted the need to have a proper R&R. There are substantial changes, incorporations made in the 2006 NRP by taking into consideration the comments of NAC, NBA and other organizations/NGOs/Movements. This document may require yet another effort to make it precise and to tie all the loose ends, wherever they occur.

In the Preamble itself, the essential principles of rehabilitation have been mentioned. Several changes have been made in the definitions; certain new definitions like that of'Development planning’ and ‘prior informed consent’ have been added. Acquisition of the land and private purchase of land have been put at par when they result in physical displacement of 100 or more families en masse in plain areas, or 25 or more families en masse in tribal or hilly areas, DDP blocks and areas mentioned in Schedule V and Schedule VI of the Constitution of India. The Requiring Body may be State, Corporation or a private company. The burden of rehabilitation remains equal on all of them. In the SIA and EIA, many changes have been made. The finalization of SIA and EIA reports will be after hearing is granted to the affected persons. Gram sabhas/NGOS/mass movements have been included in the multi-disciplinary expert group. The final clearance to the project is given by the National Rehabilitation Commission. The role of the Administrator and the Commissioner in R&R has been clarified. The preparation of R&R has been ensured in consultations with gram sabhas and affected persons and families. After declaration of the affected zones, there is a provision for survey by the expert teams. The gram sabhas and the affected people have been given the right to raise objections on the findings of the survey. There is also a provision for appeal before the Commissioner against the decision of the Administrator. The Draft R&R scheme has to be endorsed by gram sabhas. The land-based rehabilitation is one of the important components. Affected persons, who have not been granted rehabilitation benefits, have been given various opportunities to stake their claims, upto the National Rehabilitation Commission. There is a time limit fixed for the concerned authorities to take a decision. The land for rehabilitation should be available simultaneously with the availability of land for the project. Benefits of R&R have been enumerated in Chapter VIII. Chapter IX contains the dispute redressai mechanism and Chapter X, the Monitoring Mechanism by the National Resettlement and Rehabilitation Commission.