Working Out Rehabilitation Package for Land-Losers
*Saumitra Mohan

While the negativism surrounding the land acquisitions for developmental purposes around the country may have hogged newspaper headlines in recent times, a huge land acquisition success story in Darjeeling-Jalpaiguri region for a new township has escaped deserved media attention. The reason for the same seems to be the fact that the entire range of issues relating to land acquisition and rehabilitation of the land losers has been executed and handled too well to warrant salacious banner headlines. Even though the entire land acquisition process here actually started much earlier than the ones at Singur and Nandigram, still the land acquisition process at Kawakhali, Porajhar, Tiknikatha, Boro Potturam, Chhotto Potturam and other adjoining areas at the intersection of these two districts of Darjeeling and Jalpaiguri for the proposed new township by Bengal Unitech Universal Group (BUUG) has been a success story.
Notwithstanding Singur, Nandigram and numerous other hitches and glitches galore on way to final land acquisition, Siliguri Jalpaiguri Development Authority (SJDA) could actually work out an acceptable rehabilitation package through persistent consultations with all the interested stake-holders including land losers and political parties. It was SJDA which entered into a public private partnership (PPP) with BUUG after the latter succeeded in bagging the project through a competitive bidding process by way of Expression of Interest (EOI) for development of a new township at the proposed site. The sundry details of the rehabilitation process have been very painstakingly worked out through regular negotiations and consultations with all the stake-holders. While SJDA had to agree to whittle down its profits from the project by making the rehabilitation package much more liberal than the one warranted under the hoary but draconian Land Acquisition Act, 1894, it still made social gains in terms of roping in a good financial investment with huge employment potential. To make the rehabilitation package more broad-based and acceptable, BUUG has also agreed to shoulder a portion of the rehabilitation package, which was actually not part of the original Memorandum of Understanding (MOU) entered into between SJDA and BUUG.

It was because of the very fact that SJDA took care and pain to rope in and take on board each and every interested group or faction, almost on their terms, that the entire land acquisition process has gone on for a wee bit longer time than was warranted, but with the hindsight one can say with confidence and satisfaction that given the prevailing mood and circumstances, all this delay or procrastination has been worth its while. The entire long-drawn and complex land acquisition process at the proposed new township site has been completed without much of a problem though minor hiccups and roadblocks have definitely been experienced.

And substantive amount of the credit for this near miraculous feat goes to the local political leadership, though SJDA also took a lot of pain and initiative to work out such an ingenuous package to the satisfaction of all. SJDA constituted a Special Purpose Vehicle (SPV) in the form of a Rehabilitation Advisory Committee with representation from all concerned including land losers and other stake-holders to discuss and work out a detailed rehabilitation package for the land-losers of the proposed new township project. The Committee is supposed to oversee and supervise the various activities relating to rehabilitation.

The selection of land for the proposed township itself was done very carefully. The land selected is the one which has largely been non-agricultural, abandoned and wasteland where no economic activity was noticed for the past several years. A total of 302 acres of land has been acquired for the purpose. Of this 302 acres, 232 acres have been identified for the proposed new township, while about 70 acre land has been earmarked for different socially-productive schemes including rehabilitation of the land losers. These 70 acres include 36 acre land for rehabilitation of the land losers and the rest for construction of educational, health, sports and other socio-cultural-economic infrastructures for the rehabilitated people and also for other local people.

SJDA has agreed to give not only the legal dues as mentioned under the LA Act, 1894, but has also agreed to provide other benefits and compensation as have been mutually agreed among all stake-holders. Not only this, apart from promising a liberal rehabilitation package for the land losers, SJDA has also agreed to undertake the development and upgradation of the necessary physical and social infrastructures of the surrounding hinterland including rural and suburban areas by way of electrification, construction of roads, drainage systems, water supply and school buildings. Much of the promised works has already been undertaken and completed.

SJDA has taken special care to secure the benefits and interests of small and marginal land-holders who had to lose lands for the proposed township project. Many effective, but assured positive benefits have been worked out for the small land-holders. For the people having built houses at more than 10 cottah (one cottah amounts to 720 sq ft in West Bengal) of land, two cottah of developed land with attendant infrastructures are being given without any charges while another three cottah of the same land are to provided at the acquisition price or alternatively, ready flat at subsidized price has been promised apart from compensating for the full cost of the land price as assessed by LA Department.

Those in possession of less than a decimal (435 sq ft) of land are being provided similarly developed land of the same amount without any charges. The families, who have been living on encroached government land for a long time and who supposedly have no legal claims to the lands in possession or to the compensation being offered, are also being provided with two cottah of alternative land or a flat (380 sq ft) without any charges.

Those in legal possession of one to three decimal (less than two cottah) of land are being given one and a half cottah of land free. Those in legal possession of up to five to ten cottah of the acquired land are being given two cottah free land and a cottah at the acquisition price or alternatively a flat (750 sq ft) at a subsidized price. The families being given rehabilitation plots of a size bigger than two cottah would not be charged anything for the first two cottah, but the rest shall be charged at the acquisition price.

All these rehabilitation plots being offered are developed plots and have become prime lands because of the proposed township in the vicinity and also because of the infrastructural works undertaken or proposed to be undertaken by SJDA. The real market value of the offered plots exceeds the original land value of the lost plots by many times over. SJDA has also promised to take necessary initiative for exemption of the land registration charges, if possible or to shoulder the entire financial burden for the same.

Some of the land losers who do not otherwise qualify for allotment of any plot or those willing to take a flat in exchange of a plot shall be given the same at a markedly subsidized rates including 75,000 rupees for a flat of 380 sq ft size, two lakh rupees for a flat of 500 sq ft size and three lakh rupees for a flat of 750 sq ft size. 80,000 rupees as a grant shall be given to those destitute and BPL land losers who have been living on the acquired lands legally or illegally for construction of the house on the rehabilitation plots given.

If the acquired plot is held jointly in two names, then both could be granted a separate plot as per the package prepared for the purpose subject to final approval and satisfaction of the Rehabilitation Committee created for the purpose. Again, all those people who have been holding or possessing government lands illegally shall be compensated with 60 per cent of the land cost as assessed by the LA Department notwithstanding the ‘moral hazard’ problem implied in such a policy initiative.

Again, the acquisition land value is to be distributed in the ratio of 80:20 between those people who have been in illegal possession of such lands as are legally registered in someone else’s land and those who are the legal owners after the two submit an agreement specially entered into between them for the purpose. The compensation for the structures built on the land, being possessed legally, have been compensated as per the LA Act which itself has been interpreted very liberally and to the maximum benefit of the land losers. Those who had built makeshift structures on illegally possessed government land are also being compensated liberally in the range of 5000 to 20,000 rupees apart from the alternative piece of land. The land losers are also being provided with Rs. 4000/- for shifting the household effects to the new site.

Large tracts of lands have already been identified and earmarked at the rehabilitation site for the development and promotion of economic activities including small industries, trades and businesses. Two children from all land losing families shall be given an educational scholarship of Rs. 1500 per annum up to graduation. Scholarships are also being given at the post-graduate level for undertaking any specialized or vocational training including engineering, medicine or MBA. The shops or houses identified till 2007 on the project site have been compensated with provisioning of a built shop at a subsidized rate.

All land losers are also entitled to health benefits including reimbursement for the cost of treatment or medical care. All these social benefits are, however, limited only up to first generation and shall be given only after the same is claimed in writing from SJDA. The land losers’ cooperatives are also major stake-holders in the proposed construction works in the way as they shall be the only authorised agencies who shall be given priority in supplying the required sand, earth and stone chips for the purposes of all the construction works at the proposed new township site or the rehabilitation site.

All the rehabilitation plots are to be registered either in the name of husband or the wife. The plots, given free, shall not be eligible for transfer before ten years. All these plots or flats are being distributed through an open and transparent lottery. Scholarships are also to be provided for any vocational training to the BPL families. Self help groups are also to be provided with training and equipment. The land losers are also to be given priority in any employment opportunities created at the project site. The land losers, over 65 years of age, are being given old age pension.

The land losers are to be issued special identity cards for availing all these benefits. Any special demand or needs of the destitute land losers shall be sympathetically considered by the Rehabilitation Committee. The land losers shall be entitled to an extra 10 per cent of the land value assessed if they willingly consent to the same by way of a Consent Award. An unemployed widow is to be given a two cottah of plot without any charges. Besides, socially marginalised including physically or mentally handicapped, unemployed, unmarried women of over 35 years of age, widow or abandoned women are also to be provided with a shop.

What is significant in all this is the fact that in spite of working out a liberal rehabilitation package for the land losers, SJDA shall still be left with enough surplus funds. All this surplus money is already being ploughed back to beef up the physical infrastructures and public amenities in the Siliguri Jalpaiguri Planning Area (SJPA) which shall further result in positive multiplier effects for the local economy in particular and for the economy of the state in general. Arguably, one should go ahead with such projects even if there are no savings out of such projects because of working out a liberal rehabilitation package. After all, the project itself is a great social pay-off as they not only provide strength to the local economy by way of investment, but by further generation of employment opportunities and the resultant spiral of demand and supply chain. In fine, the successful pulling of any such project is always a win-win situation provided the benefits outweigh or equal the costs involved.

Tackling Naxalism in West Bengal
*Saumitra Mohan

Amidst so many of our internal security problems, the home-grown naxalism, prodded and abetted by external forces, keeps rearing its head from time to time in the most uglier ways than we can imagine. And all these expressions of their nefarious intent to tear down our painstakingly-built liberal democratic edifice have made it imperative for us to fix this problem right away without wasting anytime. One such expression of Naxal’s evil design on Indian state was the recent attack on the convoy including the Chief Minister and the Union Steel Minister at Salboni in West Medinipur in West Bengal in November last year.

The blowing up of a railway station by the Maoist Communist Centre on the Orissa-Jharkhand border and the relatively less damaging attack on another may are other significant expressions of Naxal fury. Outrage on obscure wayside stations, whether in Bengal’s Purulia or Orissa’s Bhalulata and Chandiposh recently by the naxals point to the audacity of the anti-national elements in carrying out such vandalism with clinical dexeterity. Such manifestations of extremist activity need to be examined in the larger context.

The Chief Minister Mr Buddhadeb Bhattacharjee and Union Steel Minister Mr Ram Vilas Paswan had a narrow escape when a landmine exploded within minutes of their convoy passing through on NH-60 near Salboni in West Medinipur on November last year. A spare pilot car of the convoy was, however, caught in the explosion, resulting in injuries to six police personnel, including two policewomen. The incident took place at Baroa, 17 km from Salboni, from where the Chief Minister, Mr Paswan, State Industry Minister Mr Nirupam Sen and industrialist Mr Sajjan Jindal were returning after laying the foundation stone for the proposed Jindal Steel Works plant.

The injured including Kartik Maity, Ranjit Mondal, Rabindra Nath Mahato, Yudhisthir Mahato, Fulmoni Mandi and Alaka Chakraborty were rushed to Medinipur Medical College and Hospital with splinter injuries. It is believed that Maoists planted the mine a few days back. The incident was supposedly quite daring in the sense that the same took place notwithstanding the deployment of over 1,200 security force personnel, including, CRPF, BSF and the state armed police to secure the area. It were the Naxals, active in the area, who were behind the attack. They had also blown up a state health department vehicle on 22 October in Belpahari resulting in the death of a doctor and had killed a CPI-M leader the previous day in West Medinipur.
Maoists who were hiding on either side of the highway near the blast site are also said to have fired several rounds towards the convoy. A probe has already been ordered to find out whether there was any intelligence failure. The enquiry team is also supposed to look into whether there was any neglect on the part of the policemen who had conducted anti-sabotage and anti-landmine checking in the area ahead of the CM’s trip.

In another incident on December 23 last year, the Naxals indiscriminately fired upon the policemen to reinforce their presence in the area while the policemen could not retaliate to avoid killing villagers in a busy weekly bazaar. “The perpetrators had merged with the market crowd. Had they been fired at, the bullets would have also hit many innocent villagers,” said Kuldip Singh, Inspector-General of Police (Western Range). Dressed in ordinary clothes in the crowded haat (bazaar), over 30 Maoists had fired at four policemen when they arrived at the construction site of a community hall to relieve their colleagues on the previous shift. Two constables were killed and a third was seriously injured. Their rifles were taken away. There were at least three women among the attackers, who were selling vegetables at the haat before the strike. Within minutes, some men and women got on motorcycles and sped away through the market towards the Jharkhand border. The police had been posted at the construction site after Maoists threatened to blow up the community hall being built by the panchayat six km from the Jharkhand border.

The Naxals are increasingly getting bolder in their acts, thinking ahead and acting smarter than us. This is definitely a time for some soul-searching for us. The incident points to the imperatives of further beefing up our intelligence gathering and processing by the state and the central intelligence machineries. The Naxals have this uncanny knack of picking holes through our security arrangements and make us look vulnerable to their radical motivations.

While the Prime Minister has already termed Naxalism as the greatest internal security threat, we need better counter strategies and mechanism including better coordination and intelligence sharing among the states falling in the so-called Red Corridor where Naxals are said to be active. Along with Purulia and Bankura, West Medinipur is part of the Red Corridor. It is a Maoist bastion contiguous to Jharkhand, the hotbed of Left radicalism. The inter-state border serves as an exit point after every act of dare-devilry by the Maoists.

It is long acknowledged that these districts need more attention in terms of more developmental initiatives. However, what is surprising is the failure on the part of the Maoists to see reason. While the government has been making every effort to ratchet up the developmental process in these under-developed regions, the Maoists are just not allowing the administration to do the needful in the area. With no positive plan of their own, the Naxals are forcing the administration to waste its energy and time by such meaningless act of theirs.