Participation and Perception of Project Affected People in SIA Process under RFCTLARR Act 2013

Abstract

Undoubtedly, growing urbanisation, increasing of infrastructure requirement and rapid economic development has imposed high pressure on land in India. Private land is regularly acquired for both State-sponsored development and private projects, which is increasingly become contentious. Compulsory acquisition of land till the end of December 2013 is primarily governed by the Land Acquisition Act, 1894, which is century-old legislation enacted in the very different social, economic and political milieu. Post-independence period Indian Government has not fundamentally changed the acquisition policy to reflect the values and needs of our times, which has resulted in legal, social, cultural, economic and political fallouts. Land Acquisition Act, 1894 is needed for public purpose and economic development, but it is deficient in many respects. In this background the colonial Land Acquisition Act, 1894 was repealed and replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.2013. It is now settled that whatever State or Government acquires land from its citizens for public purpose, it has power to do so. The jurisprudence that has developed around colonial Land Acquisition Ac, 1894 over the years on this subject has made the citizen, a subject. The colonial mind-set is that all pervasive under the Act was reflected in practice and even the judiciary in some cases has inadvertently furthered this notion. Thus, it becomes imperative to scrutinize the law and test it, against the contemporary democratic values. However, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 made an attempt to balance within the larger political context of land acquisition in India. Through the land acquisition how people be affected to be estimated by SIA study suggested in The RFCTLARR Act 2013. But the entire SIA process can be succeed when all the stakeholders in general and the project affected people or families in particular to be participated fully during the implementation of the project. The current paper have studied the participation and perception of project affected families in different projects implemented by Government of Odisha.