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Chairperson NCST Presents Special Report on “Indira Sagar Polava…

Dr. Nand Kumar Sai, Chairperson, National Commission for Scheduled Tribes (NCST), along with Ms. Anusuiya Uikey, Vice Chairperson and Members of the Commission today called on the President of India Shri Ramnath Kovind and presented a special report of the Commission on “Indira Sagar Polavaram Project Affected Tribal People” to him. Shri Raghav Chandra, Secretary in the Commission was also present on the occasion. The report and recommendations are under Article 338A(5)(e) of the Constitution on the measures to be taken by the Government of Andhra Pradesh for the effective implementation of constitutional safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes who are affected on account of Polavaram Irrigation Project, Andhra Pradesh.

 

The Commission visited the Polavaram Irrigation Project in Andhra Pradesh from 26th to 28th March, 2018 for an on the spot assessment of resettlement and rehabilitation of project affected Scheduled Tribe people. In the field, the Commission interacted with the projected affected people and discussed the issues with concerned officials at project site.  After visit to the project site, the Commission also held discussions with Chief Minister of Andhra Pradesh on 28th March, 2019.  Thereafter, a Special Report was prepared and submitted to the President of India on 3rd July,2018.  Recommendations made in the Report are as follows:

 

  1. The Commission, while interacting with affected Scheduled Tribe people was informed that in many cases, the alternative land given to them in lieu of the acquired land is not cultivable.  Either it is rocky terrain or there is no water.  The Commission, therefore, recommends that the state government should provide only land fit for agriculture to PDFs/PFs within the command area of Polavaram Irrigation Project with proper irrigation facilities.

 

  1. The Commission noted that many ST people without land holdings were also shifted.  They were hitherto depending on minor forest produces for their livelihood.  Now that they are shifted, they are deprived of their livelihood.  The State Government needs to take care of them by providing alternative means of livelihood.

 

  1. When the Commission visited Iddikulakotta village, complaints were received stating that in that village, many newly constructed houses were destroyed due to flash flood and so far the destroyed houses have not been re-built.  The Commission recommended that the destroyed houses should be re-built immediately to mitigate the sufferings of ST people.
  2. The compensation packages in respect of Polavaram Irrigation project need to be revised on suo-moto basis by the Government of Andhra Pradesh keeping in view the observations and modalities suggested by the Hon’ble Supreme Court of India in Special Leave Petition (SLP) NO.6933 of 2007 in the case of Mahanadi Coalfields Ltd Versus Mathias Oram and others.  The Commission feels that a similar scheme as per the above Supreme Court order will help the Scheduled Tribe people affected by Polavaram Irrigation Project as their right to fair compensation. Further, the provisions of the Right to Fair Compensation, transparency in Land Acquisition, Rehabilitation and Resettlement Act be kept in mind and used to the advantage of the tribals in the best possible manner.

 

  1. While awarding compensation in respect of tribal people, “land for land” policy should be followed to the maximum extent.   In this regard, the ceiling of 2.5. acres of land should be waived in case of ST people, and they should be provided equal or at least 2.5 acres of land within the Command Area of the Polavaram Irrigation Project.

 

  1. In the resettlement colonies, focus/eMphasis needs to be given for creation of social Infrastructure like setting up of Colleges, University, Stadiums, Medical College on the pattern of AIIMs, Art and Music academies/centers, etc.  in addition to their entitlement. The State Government should make adequate provision of land for creation of such infrastructure facilities through outright purchase, if necessary.

 

  1. The State Government should consider that the entire rehabilitation and resettlement work is undertaken through R&R Commissioner as single point responsibility as well as accountability for R&R, while the actual implementation can be undertaken by other line departments/agencies.

 

  1. The State Government must ensure that R&R work is completed and compensation paid to the project affected as well as project displaced families at least four months prior to submergence or commissioning of the project or their displacement, whichever is earlier.

 

  1. The State Government should consider developing an industrial estate/hub adjoining the resettlement area to provide employment and economic opportunities to the displaced families.  Both the State Government as well as the Central Government should consider declaring this industrial estate as tax free with a tax holiday for 10 years.   There should be a condition that only the displaced people from the Polavaram Irrigation Project will be given employment for non-managerial jobs in this industrial estate.

 

  1. The Commission apprehended that once the dam project is physically completed and affected people are shifted to new places, the concerned R&R officials will be transferred to new responsibilities and it is likely that the people rehabilitated will be left to their destiny and will have to fend to themselves without any supporting institutional mechanism.  Commission, therefore, strongly recommends that there should be a dedicated team of R&R officials to be stationed in rehabilitation area to oversee the developmental activities and other welfare measures for a period of at least 5 years from completion of the project.

 

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Sanjay Kumar/jk/NCST