New Delhi: The Supreme Court has been moved for proper implementation of the Polavaram project in Andhra Pradesh invoking the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the context of land acquisition taking place in East Godavari, West Godavari Districts in the state of AP for the project.
A vacation bench of Justices A.K. Sikri and U.U. Lalit on Friday asked counsel for the petitioner to mention before another Bench following recusal of Justice Lalit on the ground that he had appeared as an amicus curiae (friend of the court) in the pending proceedings.
The petitioner, Dr. Pentapatti Pulla Rao, social activist said “The Polavaram Project affects 299 villages in AP, Odisha and Chhattisgharh and displaces over 3 lakh people. Keeping aside all the objections, large chunks of land is being acquiring by AP from the year 2007 for project. The awards for the said acquisition were passed in 2007 and 2008 under Land Acquisition Act, 1894, however, physical possession of lands has still not being taken by the state of Andhra Pradesh as a result of which many project affected families continue to reside in acquired areas and cultivating the land till today.”
He said that in most of the cases compensation/award for project affected people also not fully distributed under Polavaram Project. He said the Rehabilitation and Resettlement package (hear after R&R package) promised by Andhra Pradesh had not been implemented so far in project affected areas. As per official records land acquisition and R&R package were still pending.
He said “Enforcement of the new Act in the present case is critical for enforcement of substantive rights vested in the people under the new Act which did not find mention under the old Act. The new Act consists of many benevolent provisions such as conduct of Social Impact Assessment with public participation before any acquisition is undertaken. Also, as a general rule, no multi-crop land is to be acquired under the new Act. Further there is a provision of solatium to be paid to the affected families above the amount of compensation.”
Dr. Rao said “a special authority in the name of Polavaram Project Authority has also been set up with Rs. 350 Crores of Central funds under Union ministry of water resource. Andhra Pradesh wants to complete this long pending project in a period of four years and for that purpose state government machinery forcing project affected people to vacate the villages without providing proper compensation. The Polavaram Project affected families are mostly poor tribals, marginalised people and they are ignorant of their rights under new land acquisition Act.” Hence the present petition in public interest.
