Wednesday, October 20, 2010

Land Acquisition Act and it’s misuse

In all these 65+ years of independence there is not even one law that was enacted for which our successive governments can be proud of it. All most every single central act is enacted by the erstwhile British Governments. Over the years our governments misused those laws which were meant for public benefit. One among those several laws is Land Acquisition Act of 1894. The sole intention of this law was to give power to the government to acquire a private property for the purposes of public benefit and use. The public purpose has been defined very clearly which reads like this under section 5(f) of the said act.
5*[(f) the expression "public purpose" includes-- (i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites; (ii) the provision of land for town or rural planning; (iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned; (iv) the provision of land for a corporation owned or controlled by the State; (v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State; (vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State; (vii) the provision of land for any other scheme of development sponsored by Government, or, with the prior approval of the appropriate Government, by a local authority; (viii) the provision of any premises or building for locating a public office, but does not include acquisition of land for Companies;]
Nowhere in the definition is it mentioned that a private property whether it is rural or urban can be acquired for the purpose of commercialization or change the nature of it for commercial purposes. It is also specifically prohibited the acquisition of land for Companies. But over the years every single government by using state force acquiring rural agricultural lands which are under cultivation only to be handed over to Companies. These Companies get those lands for a throw away price and getting millions and millions of rupees as subsidies. Because state power the victims are helpless and suffer the losses. Once in a while a leader like Ms Mamata Banerjee raises the flag of revolt against the system and successful in getting back the land. The incidents like Nandigram do not happen all the time. Under the guise of SEZ’s a new trend is set by that any agricultural land can be acquired and converted to non agricultural purposes. The common settled laws speak that whenever any kind of wealth is discovered under the ground whether it may be a mine, hidden treasure it should be belong to the Government. The private individual has got no right to it. At the outset itself this law is bad. The British with the sole ill intention of grabbing the wealth of India enacted this law. Our governments gave a new twist to it. Whenever such wealth is discovered then it should go to the private companies. The real owners to that wealth will get nothing out of it. In the present day world oil or natural gas are real treasures hidden under the ground. If it is high seas then the Government of India can claim rights over the same and lease those rights to any private party. But definitely not on the ground especially when the said land belongs individual farmers. In the Krishna – Godavari Basin huge amounts natural gas is detected. The Government of Andhra Pradesh swung into action grabbed those agricultural lands forcibly from the poor farmers and handed over the same to a private enterprise the Reliance Group. The Governments of AP, Karnataka, Tamil Nadu, UP and many more governments have acquired agricultural lands from poor farmers only to be handed over to the companies like Wipro, Infosys, and TCS just to name few at throw away prices. All this is done in the name industrial development. We don’t want industrial development at the cost of agriculture.

A P State should not be divided at the present juncture and it should never.

A P State should not be divided at the present juncture and it should never.
Let me cite reasons for this.
Reason 01 - State should not be divided at the present juncture.
• Backwardness is not a valid reason for dividing the state. It happens due to failure of local leadership to take care of the interests of their constituents.
• There are backward areas in all the three regions and for that reason all over the country. Backwardness in Telangana if at all it is there is caused by bad governance and failure on the part of the rulers to decentralize investments and political leadership from region. Due to shortsightedness of political leadership, Central and state governments invested in Hyderabad heavily and it attracted private investments not only from all the districts of AP but from other states too. It is not out of place to mention that in fact Telangana developed a lot in these 54 years. In 1956 there was just one University (Osmania) now there are several existing giving opportunity to the students who wants study and flourish. But the people who don’t want to utilize the facilities and elect to be remained backward not just a separate state even God also can’t help them. With enormous development in and around, Hyderabad became a bone of contention between provinces. The development of Hyderabad is done by taxes paid by the entire state not just from Telangana region. The Telangana leaders on the false pretext of backwardness wanted to grab the entire fruit for themselves depriving the others. This is neither justified nor ethical. The same thing happened in the case of Bombay. The Central Government invested heavily in Bombay utilizing the taxes paid by the entire country. People migrate to such places where they feel can make living. People from other parts of the AP migrated to Hyderabad heavily because of opportunities created utilizing the taxes paid by the entire state. TRS in AP and Shiva Sena in Bombay are no different. They both want to swallow the development done by the country put together. This kind of outfits are dangerous to the country.
• Self-centered politicians, their conniving counterparts aided by indifferent successive central governments should be blamed for non-honoring of agreements and common man should not penalized for the same.
• Several half-truths and untruths have been in circulation and passions have been whipped up in students and certain sections of employees regarding injustices meted out to Telangana. Bifurcation at this hour leaves scars of separation and history may repeat what happened when India was divided on the lines of religion on August 14th 1947. I strongly feel and fear that the anti social elements take charge and incite a kind of civil war between the people leading to heavy bloodbath.
Reason 02 – Division of state is not needed at all.
• Telugus share a common heritage, language and culture for ages. They have been together barring 156 yrs. (1800-1956). From the beginning of 20th century, many families from Coastal and Seema areas migrated to Telangana region for better opportunities and employment. During police action in 1948 by Sardar Vallabhai Patel lead to the Razaakar movement by the Muslim fundamentalist Kasim Razvi which was sponsored by the then Nizam against Hindus of Hyderabad state made several thousands of Hindus from the Telangana region flee to Andhra Region for fear of life. That apart thousands lost their lives. Those Telugus were adopted by the Andhra region people with open heart and are still living there happily.
• Formation of AP has accelerated the process of migration to Hyderabad and now it is very difficult to define who is ‘native’ Telangana and who is not. Many families from ‘Andhra’ region technically come under definition of ‘Telangana’. Intermingling among Telugus of all the regions is so deep that it becomes a complicate exercise to divide them on nativity issue. There are several cases where members of same family come under different categories.
• It is an ideal situation to stay put together. Division of AP or any state should not be divided on the lines region, backwardness. Management of a state depends upon the leadership not the size. Size never matters. Just because it is small it is manageable is just absurd. If really division of AP into small parts is good for administration then the whole country should be divided into small states but definitely not on the basis of region nor culture. Then it should be done on the basis of late General Kariappa’s plan which was kindled by the Nehru and all politicians at that time. The Indian culture at large is one then why states at all?
Reason 03 – India was never united thanks to British who gave us the concept of India.
• From the ages and time immemorial India was never united. India is a sub continent having several thousands of small tiny kingdoms and that was the main reason for invasion of Bharat by Moghuls and all those Muslim invaders. It’s the British who conceived the concept of a united country called India and gave us recognition in the world. If the AP is divided now then several demands for more and more states will arise. There are already demands for states like Vidharba, Gorkhaland, Southern Tamil Nadu, Western UP are already there in the wings. Trust me India will be divided into several pieces dating back to several centuries. Please don’t let that happen again to our Motherland.
• Waterways is going to be the main means of fuel-saving transport in coming years and if the state is divided heeding to the agitations by selfish, un-employed politicians then all waterways will become battlegrounds. States start fighting over the rights of waterways.
• Since Telangana region remained under feudal rule of Nizam, they were deprived of several benefits enjoyed by their counterparts under British rule. After formation of Andhra Pradesh, the common man in Telangana learnt fast in the company of Coastal and Seema Telugus and registered phenomenal growth. Young leadership coming up from hitherto downtrodden sections in Telangana is going to replace feudalistic old guard soon and division on provincial lines would hinder the process.
• If any agreement is going to be signed by leaders from different provinces, let there be a mechanism by Central government to oversee implementation of the same. Let the government stop investing in Hyderabad on any project whether it is Metro Railway or an IIT but distribute the same all over the state for uniform, sustained growth.
• Your committee is the only ray of hope to lead us to enlightenment. We hope your findings will be an eye-opener on backwardness of any region in the country. You seem to be the only setup who is addressing the T-issue in right earnest and hence this appeal.
Reason 04. Joint Family and a State are totally 2 different things can’t be confused.
• There is strong argument in the air saying when the family grows brothers divide and make separate families. So do the State should be divided. This argument is just stupid. A joint family to separate all that needed is division of assets by metes and bounds. But separation of state needs much more than that. When a state is divided you need more new Capitals, High Courts, Secretariats, Assembly Halls and an unending list of buildings to house government houses. The only people who are benefitted when a state is divided are the politicians. New Minister posts, MLA’s, MLC’s, Corporation Chairmen etc., From where the money comes for these luxuries? Spending on these luxuries when common is struggling hard for two square meals a day is not waste but it is a criminal waste.
Reason 05. Why force us to stay united?
• There is one more argument strongly coined by the politicians who are supporting the division of state there by paving way for formation of Telangana state saying when we want to get separated why force us to stay united. They are equating the situation to a silly proposition by terming the Andhra and Telangana regions as Husband & Wife relationship. Who is Husband and who is Wife nobody clarified till now but strongly arguing that they want to get separated since our mind sets does not match so separate us? But they are forgetting one most important equation that is among the spouses if one is against separation no court can divide them unless some serious allegations like cruelty, adultery or desertion is proved beyond reasonable doubt. Till this day nothing of this sort happened. No forum has ever inquired nor collected data as to really who cheated on the other or who behaved cruelly or who deserted who? More over division of a state is not like nullifying a marriage it affects millions of peoples’ lives for generations to come.