Abstract

The Doctrine of eminent domain invests power in the state to acquire private land for public purpose on payment of compensation. Indian Law of Land Acquisition and the enacted Policies for Resettlement and Rehabilitation empower Indian states to acquire land for development purposes. There was such an attempt made by Odisha Government to develop and acquire land for second steel plant and associate infrastructure named as Kalinga Nagar Industrial Complex (KNIC). The effort were initiated in the year 1990 resulted with acquisition of 13000 Acres of land and displacement of 1842 families as per 1991 census. The present paper speaks about the efforts of government in acquiring land for such proposal and consequences of enhancement of compensation money from time to time and framing of policy for Resettlement and Rehabilitation as well as development of Rehab colony with chronological events leading to development of infrastructure in that area. The source of information is from the government of Odisha through IDCO. The views are of Authors independent view as he is associated with land acquisition and R&R of KNIC through IDCO while heading the Land division of IDCO. Hence the result of such land acquisition leading to the displacement and thereafter is narrated with sharing of experience to speak about the gaps in Acts and Policy and scope of improvement in future acquisition for development projects of such magnitude. While focusing on the greater issues related to economic development through industrialization, the displacement and Rehabilitation issue gets neglected and the absence of nodal agency to monitor the issues resulted with resentment by people to such acquisition by any participating agencies, whereas Government gets the blame for failure during implementation of such project due to absence of strong monitoring expert agency within government. James D. Wolfensohn has rightly said Social injustice can destroy economic and political advances. If Land acquisition for KNIC resulted in impoverishment, the looming risk in development, the challenge is to organize risk prevention and provide safeguards. This can increase the benefits of development by eliminating some of its avoidable pathologies. As Michael M. Cernea very often state that “ it may not be feasible to prevent every single adverse effect, but it is certainly possible to put in place sets of procedures, backed up by financial resources, that would increase equity in bearing the burden of loss and the distribution of benefits. It is certainly possible, under enlightened policies to protect much more effectively than current practices to the civil rights, human dignities, and economic entitlements of those subjects to involuntary relocation. Equitable policies, plus planning, financing, and implementing Resettlement with the participation of those affected can create the premises for the improvement for resettlers’ livelihood. I entirely agree with the suggestions of Prof Cernea and view that Industrialization at the cost of involuntary relocation should be looked in a strict participation of Government and developing agency who is having interest on land, not up to completion of Land acquisition but till the relocated family appear to be self-sustained within the changed environment being confirmed by independent agencies engaged by Government for study may be after 15-20 years of direct nourishment and care.

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