Jan Sansad demands a Development Planning Act

not an Act to Facilitate Land Acquisitions

Nellore, September 18 : “Government of Andhra Pradesh has given licenses to 28 companies to establish thermal power plants with a total capacity of 32,000 MW. How can a fragile coastal zone can take up so much of ecological pressure ? Is this the way to plan the needs of electricity for development ?” asked the delegates who had come from different parts of the State and joined by eminent social activists Medha Patkar, Sandeep Pandey, Banwari Lal Sharma, Gabriele Dietrich, Sister Celia, Manoj Tyagi, Viveknanad Mathane, P Chennaiah, Ramakrishnam Raju and others. Jan Sansad was hosted by NAPM and Jana Vigyan Vedika at the premises of Nehru Yuva Kendra, Nellore.

If all of these thermal power plants come to completion then Nellore will be one of the most polluted districts of the country and will cause irreparable damage to the flora, fauna, climate and most important livelihood of the people. This will also have adverse impacts on the Pulicat Lake, Asia’s second largest fresh water lake.

Over two days of Jan Sansad / Praja Parliament on September 17 – 18 delegates discussed issues of livelihood, land acquisitions, displacement, environmental and human rights violations and corruption amongst other issues of concern. A resolution on these topics was passed by the house. Very specifically talking on the new Land Acquisition, Rehabilitation and Resettlement Bill delegates demanded that we need a Development Planning and Resettlement and Rehabilitation Bill which will not allow 32,000 MW thermal power plants in one district. We have to plan in a way considering not only our needs but the sustained needs of the future generations to come too.

UPA government for the first time has introduced a Bill in the Parliament which recognises the need for a legislation addressing the resettlement and rehabilitation of the project affected people, which is a welcome step. However, the Bill doesn’t go beyond this and the key thrust remains industrialisation, urbanisation and a 9% growth centred development model. Nearly 10 crore people have been sacrificed (displaced) at the altar of development and except for 17-20% rest has been left to rebuild their lives on their own. Scheduled Tribals and Scheduled Caste communities comprise nearly 40% of the total victims of the displacement.

The Bill fails to recognise the historical injustice meted out to these communities by not recognising the rights of those already displaced in the name of development. Indigenous people of this country will not get any relief with this new legislation, since it doesn’t address the question of land alienation. It will be an opportunity missed for the independent India to provide succour to the indigenous people who have become slaves on their land due to land grab by capitalist forces and rich businesses.

We demand that government if Andhra Pradesh cancels all these licenses for Thermal power plants immediately and fresh assessment of the needs of the region is made with the participation of the people of the region. As for the legislation of this new Bill, we hope that the Government while submitting its views on the central legislation will consult activist and social groups and seek their views by organising regional consultations.

We would like to reiterate some of our concerns on the Bill under consideration with the Parliamentary Standing Committee :

• The Bill should be titled as ‘Development Planning, Resettlement and Rehabilitation Bill’ ensuring no forcible acquisition and protecting the rights of the communities over the land and everything attached to it including the mineral, aquatic and forest cover. Any acquisition should be done only in accordance with the democratically developed plans as per the provisions of Art 243 and PESA norms by involvement of Gram Sabha and Basti Sabha.

• Public Purpose definition should be limited to core functions of the government performed with the public money and in no case acquisition should be made for the private corporations where they get benefits due to any forcible acquisition of land or any other natural wealth under this act. Any project drawing private profit can’t be considered public purpose. We reiterate this and only this can deal with the unjustified inequity in the country today leading to injustice for millions. 

• Given the low level playing field existing till date between different parties in the process of land acquisition, it is necessary to ensure that even if it is market base purchase of land or other resources by the private parties, including builders, then the state should be duty bound to regulate the market price of resources and ensuring availability of optimum resources of livelihoods for every family especially those belonging to vulnerable section. Thus corporations should also be made liable for the R&R provisions of this bill, which also goes well with the principle of fair play and competitiveness.  

• Any arbitrary benchmark for the application of R&R provisions should be done away with and every single family directly or indirectly affected by any kind of acquisition should be provided with the resettlement and rehabilitation benefits.

• We reject market value for the land approach since neither market value is fully worked out nor that automatically ensures attainment of alternative sources of livelihood especially for the least marketised and monetised community such as Adivasis and Dalits. So, without any ifs and buts appropriate provisions for alternative livelihood or mandatory employment be made for project affected people.

• The law must address the claims of those already displaced by various projects and address the historical injustice meted to them in the name of Development.

We would also like to reiterate that in order to expedite rehabilitation and ensure principle of minimum displacement it is necessary to put moratorium till the already displaced are rehabilitated and a new law after wide consultation is enacted. There is an urgent need to enact the legislation keeping in mind the resource crises which country will face in the wake of climate crisis and the on-going agrarian crisis forcing farmers, workers, adivasis and dalits of this country to commit suicide. The legislation unfortunately will fail to address the on-going land alienation of the tribals and marginal farmers in the country and further aggravate the land conflicts, agrarian crisis and impoverishment in the country.

Jan Sansad ended with two days of deliberation and decided on programmes and actions to counter the neo liberal design of the corporations and states which aims to take over the natural resources and threaten the basic structure of the livelihood of the poorest of the poor people. Sustained agitations will be launched against these destructive developmental projects not only in Andhra Pradesh but also in different parts of the country. Jan Sansad also extended support to the ongoing struggle against the Koodankulam Nuclear Power plants and wished for good health of those fasting for 6^th day.

Medha Patkar, National Convener, NAPM

Banwari lal Sharma of Jansansad and Ajadi bachaao andolan,

Sandeep Pandey, Convener NAPM

Gabriele Dietrich, Convener NAPM

Sister Celia, Convener NAPM

Chennaiah, Convener NAPM

B Rama Krishna Raju, Convener NAPM-A.P.

Raja Reddy, Convener NPPV

Dr. G Vijay Kumar Founder Member of J.V.V.

Madhuresh, National Organiser, NAPM

P.S. Ajay Kumar, Co-Convener

K. Saraswathi, Co-Convener

For details contact : NAPM AP Co-conveners Sarasvathy Kavula : 9849718364 and Ajay P S : 9989830711

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Resolutions of the People’s Parliament, Nellore

The fourth convention of the Jan Sansad was held on 17^th and 18^th September at Nellore, AP. Participants from four states and 1500 people from across the state participated . The Convention focused on four major problems facing the country i.e. land acquisition, thermal / nuclear power projects, internal security and corruption. Experts and participants presented their views and unanimously resolved the following :

1. It is unanimously resolved that the government should stop giving licenses to thermal power plants, and nuclear power plants and also shut down all the existing nuclear power plants in India.

2. It is unanimously resolved that the government come out with sustainable policies based on alternative and renewable energy resources so as to eventually close down environmentally damaging options.

3. We unanimously demand rejection of the Land Acquisition, Rehabilitation and Resettlement, Bill 2011 and scrapping the Land Acquisition Act 1894 since they consider land as a market commodity, and authorize the Gram Sabhas and local bodies to determine policy regarding use of their land according to 73^rd and 74^th amendment of the Constitution.

4. We unanimously demand the Government to hand over all the land acquired but not utilized over a period of 3 years back to the owner.

5. We unanimously demand the Government of India to unconditionally withdraw all the police and paramilitary forces in east coast conflict zones and demand ceasefire in the area by both parties.

6. We unanimously demand the Central and State Governments to recognize the constitutional rights of Internally Displaced People and provide them access to all social security and development programs and also provide conducive environment for these people to go back to their native places and settle down peacefully.

7. We unanimously resolve and demand the Government to scrap all the MoUs between the State and Corporate Sector for projects in Tribal Areas, which aim to exploit the natural resources.

8. We unanimously resolve and demand the government to recognize the inalienable rights of tribal over the forest, fisherfolk over sea and inland water bodies, peasants and agricultural workers and other communities dependent on land.

9. We unanimously resolve that the government should enact strong Lokpal Bill incorporating the best of all the versions and also covering Corporates, Media and NGOs.

10- We unanimously reject the state sponsored corporate agriculture that

has pushed farmers to suicides & we unanimously demand government to bring out a policy that strengthens traditional agriculture protect the biodiversity and food sovereignty of our people.

Second Day i.e. on 18^th affected people and struggle groups from the surrounding villages of the district participated. People affected by thermal power plants and other projects. Activists, sufferers, victims gave reports of atrocities, perpectual injustice to them. It was unanimously resolved to take the struggle by the resolved general house that combined struggle will be landed through out the state particularly in the district of Nellore to regain rights of the people on their resources and stop environmental damage which has already created social and economic problems.

Medha Patkar, National Convener, NAPM

Banwari lal Sharma of Jansansad and Ajadi bachaao andolan,

Sandeep Pandey, Convener NAPM

Gabriele Dietrich, Convener NAPM

Sister Celia, Convener NAPM

Chennaiah, Convener NAPM

B Rama Krishna Raju, Convener NAPM-A.P.

Raja Reddy, Convener NPPV

Dr. G Vijay Kumar Founder Member of J.V.V.

Madhuresh, National Organiser, NAPM

P.S. Ajay Kumar, Co-Convener

K. Saraswathi, Co-Convener