A recent report from the auditor general has blown the lid off the poor administration of laws surrounding land acquisition in scheduled areas of Odisha. The audit shows that the government, which the Constitution tasks with protecting the land rights of the scheduled tribes and castes, threw norms out of the window between 2017-18 and 2021-2022 to push development projects.
The consent of gram sabhas is a prerequisite for buying land in scheduled areas. But in 43 percent of the cases, acquisition notifications were issued in blatant violation of the norm—gram sabhas were not convened in many cases and, in some cases, they cleared projects without a quorum. The audit assessed 254 instances in which the administration did not bother to conduct a social impact study.
That’s not all—some of the acquired land was found to have been undervalued, resulting in underpaid compensations. In 179 cases, compensation amounting to Rs 120 crore could not be disbursed simply because the land records were not updated. In some cases, the acquisition went through without paying the full compensation. At least 13,415 affected families were denied compensation and resettlement benefits adding up to Rs 737 crore.
In India, the institutional framework, monitoring mechanism and laws around land acquisition in scheduled areas are comprehensive for a reason. It’s the protective net the country’s tribal communities require against the loss of land and the framework is enshrined in the Constitution.
However, irrespective of party lines, governments seem to be missing the woods for the trees. Development projects are often pushed with utter disregard of the socio-economic consequences for tribal and Dalit communities. It is important to note that the operational land holding of STs and SCs in Odisha is dwindling—while the number of land holders among STs and SCs has grown from 43.5 lahks in 2005-06 to 48.6 lakh in 2015-16, the total land holding fell from 50.1 lakh hectare to 46.1 lakh hectare.
For a start, the Mohan Majhi government must investigate every case and take to task the officers responsible for such brazen disregard for constitutional norms that seek to protect the rights of vulnerable communities. Such violations can be avoided in the future if the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act are adhered to in letter and spirit.