Bhupendra Singh रावत
The rapid use of agricultural land for the sake of growth of industrialization, Special economic Zone (SEZ), web of roads, express high ways and dams has not only been changing the use of agricultural land but also been a cause of limiting land for agriculture. The land which was witnessed of farmers who has been producing grains for keeping the whole mankind alive the ancestors of those are now landless and people who are dependent on agriculture are being jobless. The growing population in our country, world wide as well and limiting agricultural land has been a great cause for food crisis.
Now our country is entering in to 60 decades of freedom but still when any private and government planning take root from the land at the name of development of country and nation, the land which a farmer has been cultivating since ages then the ancestors of farmer not only get landless but being jobless makes them think of what to do and where to go. Can't we adopt and develop a Model for the development of our country by the way which ancestors of farmers can get rid of being landless and jobless as well?The beauty of our nations democracy lies in the fact that the future ancestors of politicians in to politics, future of business mans ancestors in to business and the same goes for industrialist s are secured but the pain of the other side is that the future of ancestor of a framer get puzzled only with the planning of the use of land. This is enough to clear that the farmers of our country have only right of cultivating in the form of slaves. On the paper, changes of use of land in the course of planning of any road, SEZ, residential or industrialization, the rights of farmer get eroded with the amount they get as compensation.The farmers are against of such kind of development models .There had many lives been sacrificed by farmers against the issued planes in Orissa ( Kashipur 1998 ), Kaling Nagar (January 2006 ) , Singoor ( west bengal november 2006 ) , nandi gram ( march 2007 ) Greater Noida (Ghodi bacheda (August 2008) , Sompat ( andhra prudish ( July 2010 ) ,and Jirakpur village ( U.P 2010 ).After a Police firing which took lives of two kids and a person during a movement around express highway near to Jirakpoor many higher authority of different politics parties got indulged in to a race of announcements of modifying the '' bho-arzan canon 1984 and struggling towards it .
The outcome of this race resulted when Ajeet Choudhary Singh who has been indulge in to politics on the basis of farmers in UP announced that he will protest on 26 th of august 2010 at parliament. After this announcement took place the chief minister of UP Mayawati , Ramwilas Paswan ( Lok Jan skate Party ) ,vampanthi along with some parties of South India had also declared their support towards them .
whatever amendment will take place after freedom of 63 years it should be in the favour of farmers rather than companies who had been serving the whole world by the way of agriculture and keeping the human species alive. There is a group who has been active in the movement of ’’ bhumi bachao '' in NCR and struggling towards getting a national acknowledgement on this issue so that the matter will be taken into consideration in future and any changes which will take place in the planning of land use wont effect the future of farmers and their families as well .This can be done by amendment in the Law of 19 84 land acquisition in common of Government and farmers.Existing Law and Development Lawin present land acquisition by Government takes place under the Law of Land acquisition Law 1984 .In the process of acquisition if anyone has any objection can raise it under the provision 4, as initial notification ,under Provision 5A the issue gets opinion n resolved and under the provision 6 it gets final announcement. After this, to claim the compensation amount an issue get raised under provision 9 and results get announced under the provision 11.When these compulsory processes get settled down the land gets acquired by the Government.In this whole process the owner of the and the people who get affected by this has only one chance to raise their voice against it and that is answering back to the provision 4. But this right for people does not have any meaning as land acquisition takes place after raising objections as well. Court has also not set the limitations for using this right which is logical under Eminent Domain.So, the vary first demand which farmers can put is that, any proposed planning under the provision of '' 4'' and before having any label of being right and wrong the matter or the planning should go under the process of opinions and ideas of '' Gram Sabha '' .By this way the whole village will get a chance of putting their opinion on the issue. The provision 4 under the notification should itself say that the land which is marked for the planning would be developed under in common of '' farmer - government '' or farmer private area.
After that, under the operation of provision 5 A, by the way of capable perquisite an open people opinion plate form should be formed. In this way people will get aware of the conditions in the changes of land uses along with they will also be capable of putting their common views.the condition should clearly be mentioned in the 6th provision under which any planning of land use got changed. The opportunity which has been provided in Provision - 9 can be used as a medium of giving the important conditions of the planning other forward steps. The result which will be announced under the provision -11 , can also include the conditions of agreement , in this way as a process agreement between development agencies ( private ) farmers , landless labours the setting of Land development conceptual constitution can take place under existing legislation system.
This participation can be governed in the following ways
1. Under the general intent of the project, allotting a special percentage of the land/houses/places for the vocational /developmental, income generating activities and the maintenance of the same. Through this they will become a part of the Project.
2. In place where people provide land and project agency makes the financial and technical arrangement, a joint venture should be started. In this venture, the people providing land will have a special shareholding.
3. The land requisition for developmental projects should include the land from the village council, the land for public use and governmental land. The landless villagers should be taken into account in the involvement with this land. Under the shareholding of the profits, the employment from the project, land for income generating activities and residential flats should be included.
4. A powerful agency must be established for the governance of these ideas between the developmental agency and the people giving out their land
5. The head of the district administration must ensure that the villagers are not being pressurized or cheated by the private agencies appointed for the purpose of acquisition of the land.
6. The requisition of the land should be done in such a way that the villagers are closely aware of the developmental activities of the project and the associated profits.
7. In an alternative to the participation, the following profits can be included
· Attractive compensation
· For the purpose, prior training and employment for one member of the family
· on project expenses
· Sufficient land for residence/land for starting a job
· An agreement for enforcement of a service/special work
· A shareholding in company's profit
· The partnership in lease of land is possible under the following provisions
1) The payment of premium while enforcement of lease
2) Yearly rent of the lease
3) The overview of the lease if it is about to be completed.
After 63 years of independence, Government of India is conspiring to amend the land acquisition law in such a way that on one hand the farmers will continue to lose their land and the landless villagers will also not be entitled for any profits and on the other hand it would also not be liable to rehabilitate the affected farmers, tribals and the labourers under the National Rehabilitation and Re-establishment Policy 2007.
Point to be noted is that If the government acquires agricultural land of 400 or more than 400 families, then only will the funds be allocated for the aforesaid policies to reinstate them. But after the draft of the amendment of land acquisition law, 1894 which is being brought up by UPA government comes to realization, the land of the farmers will be sold analogous to things sold in the market hall which will be bought by large companies through private agents because under this draft the companies will be entitled to buy 70 percent of the land directly from the land owners and only 30 percent of the land will be acquired by the government in the name of public welfare and made available to the companies.
In this situation, on one side 70 percent of the farmers whose land will be bought by the companies would not be rehabilitated and on the other side the 30 percent farmers whose land will be acquired by the government to make it available to the companies will not sum up to 400. Henceforth, regardless of the rehabilitation policy, government will not be liable for the rehabilitation of those farmers. Therefore the draft for the amendment of land acquisition law which the government is bringing up should be opposed vehemently.