Campaign for Protecting Land Rights and a Sustainable Development Planning

You all are aware that for more than a decade now NAPM along with many others and from 2007 under the banner ofSangharsh (www.action2007.net) been engaged in demanding REPEAL of Land Acquisition Act and ENACTMENT of a ComprehensiveNational Legislation on Development Planning inclusive of just and fair, livelihood-based rehabilitation of the minimally affected people and enunciating the principle of least displacement, just rehabilitation and a decentralized development planning based on Article 243 of the Constitution, PESA 1996 and Forest Rights Act, 2006.

In these many years we all have been engaged in a process of struggle, advocacy, protests, demonstration, lobbying, and critical thinking towards this process. A brief recap of the processes are mentioned below :

January 20, 1999 : National consultation, New Delhi

2000 : National Consultation, TISS, Mumbai

 

 

, the last being the November 2010 in Delhi, when nearly 5,000 people converged over a period of three days from at least 10 states of the country. During course of the demonstration, meeting with the ministers, political party representatives, others and our subsequent meeting in December 2010 we decided on two things as a matter of follow up. To prepare a concept paper outlining the broad principles of of a legislation for the development planning to be submitted to the ministry of Rural Development which could be the basis for the organising of the regional and national consultations on the Bills. Secondly, to simultaneously work on an alternative draft of the development planning act in consultation with the movements across the country to be used at an appropriate time for dialogue and negotiations with the parties, government and other relevant actors in the process.

In 2005 we had submitted a draft to National Advisory Council which has since then become outdated and our movement have come a long way. Keeping in mind the developments like enactment of SEZ Act, Forest Rights Act, new CRZ Notification, new Mines and Minerals Act and our own struggles against these have thrown up many more newer ideas and concepts which need to be incorporated in any draft we prepare.

Some of us are engaged in preparing both the documents here and are attaching for you the concept note which we used for the National Consultation in Delhi in September 2010 and a summary of the DRAFT BILL FOR DEVELOPMENT PLANNING, LAND USE ALTERATIONS, NO ENFORCED DISPLACEMENT AND JUST RESETTLEMENT & REHABILITATION. It is a work in progress document and only enunciates the guiding principles of a legislation. Wherever, there are doubts and questions they have been mentioned in the text itself. One of the key questions which need to be resolved is a separate R&R Act or provisions within the single comprehensive Act, as indicated by the title of the proposed legislation. We intend to evolve towards creating an alternative draft after all the consultations in different places. 

We would like to confirm that the following consultations have been planned in these cities and we are trying to fix other consultations meanwhile. Kindly do spread the word and send on the notice to your colleagues, other organisations and yourself try to join the consultations wherever you can? If you can’t then do send your detailed feedback to us, so that we can all work together building a draft.