SEZs may have to face ‘local’ hurdle

National Rehab Policy: developers should get approval of local
authorities first

ARUN S
Posted online: Thursday, March 22, 2007 at 0000 hours IST




NEW DELHI, MAR 21: Developers of special economic zones (SEZs) and
industrial units may have to get the approval of local authorities like
the Gram Sabha for starting their projects. The final approval from the
government will come only after developers get a nod from such local
authorities.
This may be a part of the proposed National Rehabilitation Policy (NRP),
currently prepared by the rural development ministry.

The mandatory approval by the Gram Sabha may be relaxed in certain
specific cases, where the number of people displaced is less than what
is mentioned in the policy.

The National Rehabilitation Policy would apply to those projects where
the number of people displaced is more than the limit prescribed by the
government. There would also be a mandatory requirement of public
consultation preceding displacement of people, even before the start of
every industrial project.

"The developer should hold detailed discussions with concerned
villagers, including those from families below the poverty line and
tribal communities, and disseminate information regarding such projects
to all those likely to be affected," the proposed policy says.

The information should include details of the compensation package,
exact number of people to be displaced and potential loss of traditional
resources and occupations.

Chalking out the future
• The policy will apply to projects where the number of people displaced
is more than the limit prescribed
• There will also be a mandatory requirement of public consultation
preceding displacement of people
• A national rehab commission and a specific tribunal will be set up to
address grievances regarding rehabilitation
• Rehabilitation work should be done jointly by the concerned state
government and the authority carrying out the project.

The rehabilitation policy would also have a time frame for undertaking
rehabilitation work for the displaced to avoid unnecessary delays. The
package would also focus on landless agricultural labourers and tenants,
besides original owners of the concerned land.

Besides, to ensure speedy justice to the displaced people, the
government would set up a National Rehabilitation Commission and a
specific tribunal to address all grievances regarding rehabilitation
arising out of industrial projects, including those being implemented
across two or more states.

Disputes regarding those projects falling under the jurisdiction of a
single state would be heard by a state-level grievance redressal
commission, and would then be taken up before the National Commission.

The application for environmental impact assessment before the ministry
of environment and forests would also make a specific mention of the
social impact assessment report of the project as well as the
rehabilitation plan. Earlier, several state governments and central
rules on water and energy projects had attempted addressing the problem
of resettlement and rehabilitation.

All these were taken into account by the rural development ministry in
its 2003-version of the National Policy on Resettlement and
Rehabilitation concerning displacement of people due to land acquired
for "public purposes". According to the policy, the rehabilitation work
should be done jointly by the concerned state government and the
authority carrying out the project.

Besides, the Supreme Court had observed that rehabilitation is about
affected people being able to earn a livelihood and getting decent
social amenities and not just handing out food, shelter and clothing. At
present, there exists no empowered national or state-level relief and
rehab implementation authority.

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