Friday, August 9, 2013

Research Project -1 : THE PROBLEMS OF LAND ACQUISITION, COMPENSATION AND REHABILITATION OF DISPLACED PERSONS IN INDIA-A CONSTITUTIONAL, LEGAL AND PUBLIC POLICY APPRAISAL

THE PROBLEMS OF LAND ACQUISITION, COMPENSATION AND REHABILITATION OF DISPLACED PERSONS IN INDIA-A CONSTITUTIONAL, LEGAL AND PUBLIC POLICY APPRAISAL
(With Special Reference to Odisha)












By

Prof.(Dr.) Pradip Kumar Sarkar
Proffessor, P.G.Department of Law
Utkal University, Vani Vihar







Sl.no.                                                 LIST OF CONTENTS                                 Page No.
1.    Abstract----------------------------------------------------------------------------- 1-4

2.    Introduction------------------------------------------------------------------------ 5-11


3.    Review of Literature------------------------------------------------------------ 12

4.    Description of Research------------------------------------------------------- 13-15
(i)            Background
(ii)          Rational of the Study
(iii)         Objectives of the Study
(iv)         Scope of the Study
(v)          Methodology

5.    References----------------------------------------------------------------------- 16

6.    Time Period----------------------------------------------------------------------- 17
(i)            Data Collection
(ii)          Data Analysis
(iii)         Report Writing













ABSTRACT
Orissa is one of the most resource rich States in the Country characterized by Poverty amidst plenty. Realizing this, Government has taken up a very large number of Development Projects in the State ever since Independence to bring economic prosperity for the people who lead a very sordid life – majority of whom live below the poverty line. In fact, this is the State having the highest percentage of persons (about 50%) living below the poverty line. Besides Government, a good number of Business Houses also have been attracted to this State because of its bountiful natural & mineral resources for harnessing them and in the process have established Development Projects in different regions. Statistical figures indicate that till 2000, about 20 lakh people have been directly affected by Development Projects in varying degrees out of which about 5 lakh have been physically displaced losing their home & hearth from their original habitat. Statistical figures further indicate that while Dam/Irrigation Projects alone have displaced nearly 3.5 lakh people which is roughly 70% of the total displaced persons, Industrial Projects have displaced about 60,000 people which is 12% of the total displaced whereas the Mining Projects, Urban Development Projects, thermal Projects & Wild Life Sanctuaries have displaced 3.37%, 12.86%, 2.60% &0.5% of the total displaced people in the State of Orissa.  Although the above referred figures account for the already completed projects, there are a host of other projects which are either ongoing or are in the pipeline in which about 2 lakh more people are expected to be displaced. As it is widely known, displacement is very traumatic as it not only physically displaces the people, but also causes environmental, social, economic & cultural loses to the people which are immeasurable and which is very hard to compensate & restore in the post-displacement stage.  It is however, the prime duty of the implementing agency (Government, if the Project is a Government sponsored one and Private/Public Sector if it is set up by the Private/Public Sector undertaking) to take all precautionary measures in such a manner so that the Displaced Persons restore back their pre-displaced living condition at the minimum. Looking at the magnitude of displacement in various Development Projects in the State of Orissa, it is therefore very important to examine & assess whether or not the Displaced Persons of Development Projects have been able to reconstruct their former living standards and if not the reasons thereto.

The victims are suffering innumerable loss like property, livelihood, income, home, identification etc ultimately become migrant labourers and paupers, suffering social stigma and mental agony. This is a very big human rights issue and the challenges are many. The victims are mostly tribal(indigenous) population. To the extent these people have been displaced thrice in their life time.

Compensation is not properly paid. Even Hirakud dam displaced victims are yet to be paid compensation after more than 50 years.

In the absence of any law on rehabilitation, it was expected that the judiciary will take a dynamic stance while interpreting Article 21 of the Constitution, and grant relief to the oustees. In any case, the judiciary has recognised that Article 21 incorporates certain unenumerated rights in the enumerated Right to Life, and has given it a broad interpretation to include right to life with dignity, and to mean more than mere survival and mere animal existence. Right to be rehabilitated is the logical corollary of the right to life with dignity. Thus, in the absence of any enumerated right to be rehabilitated, the judiciary could correct the legislative error by recognising the same as an unremunerated right under Article 21 and it did the same in Narmada. However, it is important to contextualize the decision to ascertain whether the expansion of Article 21 has solved the problem at hand that is, providing rehabilitation to the displaced.

To protect the socio-economic justice, equality and liberty of the persons displaced the Supreme court has intervened in number of cases in order to make a balance between developmental interest of the state and individual interest of the displaced person.

In B D Sharma v. Union of India, (1992) Supp (3) SCC 93. it was ruled that the overarching projected benefits from the dam should not be counted as an alibi to deprive the fundamental rights of oustees. They should be rehabilitated before six months of submergence.

The legislature has shown unwillingness to enact a rehabilitation legislation even after sixty years of independence. Although, the judiciary has granted rights to the displaced prima facie, it did little to implement them. In fact the Narmada and the Tehri judgments reflect how courts have supported the acts of the government by taking a stand that would further their interest. The situation now is that both the legislature and the judiciary have failed to address the injustice caused to the internally displaced persons.
INTRODUCTION
Land Acquisition and Compensation had started with britishers for the development of railways and other constructions. They have enacted a legislation Land Acquisition Act,1894. This legislation is still continuing with little amendment. But in last two decades the problem of the land acquisition and compensation has taken an ugly turn i.e. from launching movements (Narmada Bachao of Medha Patkar) to violent turn (POSCO, TATA-Gopalpur). The Act is not a balance statute but favours mostly the industries.

The doctrine of eminent domain has been interpreted in Supreme Court cases and government should not acquire land on behalf of private industries who is existing mostly for profit motive. Even for public sector companies there is no mechanism to assess as to how much land is actually required.

The victims are suffering innumerable loss like property, livelihood, income, home, identification etc ultimately become migrant labourers and paupers, suffering social stigma and mental agony. This is a very big human rights issue and the challenges are many. The victims are mostly tribal(indigenous) population. To the extent these people have been displaced thrice in their life time.

Compensation is not properly paid. Even Hirakud dam displaced victims are yet to be paid compensation after more than 50 years.

Developmental projects in India have displaced millions of people and yet there is not a single national legislation on rehabilitation. Though the judiciary has recognised the right to be rehabilitated as a fundamental right under Article 21 of the Constitution of India, the right was not granted in reality, as has been seen in the cases of Narmada and Tehri dams.

The Victims of National development is a new concept of 21st century. The displaced persons are the victims and they have to pay the price for the developmental projects of the nation.
The term “Displaced Person” also includes the project affected persons but sometime the statistical data ignores such persons who are also directly affected due to displacement.

The minimisation of displacement is crucial in the context of liberalisation and the number increases day by day.

The acquisition of land in India in last five decades has been doubled in last one decade. The rational for many developmental projects is questionable.

Displacement due to construction of dams mostly affected the tribal peoples and forest dwellers. A national data is provided for its reference.

Dams and the displacement of tribal people

Name of Project
State
Population facing displacement
Tribal People as percentage of displacement
Karjan
Gujarat
11,600
 100
Sardar Sarovar
Gujarat
200,000
57.6
Maheswar
Madhya Pradesh
20,000
60
Bodhghat
Madhya Pradesh
12,700
73.91
Icha
Bihar
30,800
80
Chandli
Bihar
37,600
87.92
Koel Karo
Bihar
66,000
88
Mahi Bajaj
Sagar
Rajasthan
38,400
76.28
Polavaram
Andhra Pradesh
150,000
52.90
Maithon &
Panchet
Bihar
93,874
56.46
Upper Indravati
Orissa
18,500
89.20
Pong
Himachal Pradesh
80,000
56.25
Inchampalli
Andhra Pradesh and Maharashtra
38,100
76.28
Tultuli
Maharashtra
13,600
51.61
Daman Ganga
Gujurat
8,700
48.70
Bhakra
Himachal Pradesh
36,000
 34.76
Masan Reservoir
Bihar
3,700
31.00
Ukai Reservoir
Gujurat
52,000
18.92

The public sector mostly acquire forest land unused lands, whereas the private sector acquires land for their profit, ignoring the fertility and quality of land.
Which land is suitable for what type of developmental project is a subjective satisfaction, it varies person to person under different consideration.
For example in West Bengal in 200 acre and 96 acre of land are acquired for Tata Metalics and Birla farm near South Kharagpur in 1992 even if alternative land was available near North Medinapur Railway station which was less furtile and rocky in comparison to the land acquired. Both the farm never even took off but it displaced hundreds of Lodha Tribal family.
The cause of displacement is the acquisition of land for “public purpose”. The term public purpose has not been defined under the Act. Question arises;
·          How much land is needed for the public purpose?
·         Whether in reality it is meant for the public purpose?
For example-
1.              Two third of the land acquired for HAL MIG plant at Sunabeda in 1996 lay vacant for three decades and was later sold at high profit. Where 3000 tribal families were displaced.
2.              Land acquired on both sides of RORO irrigation canal in  Jharkhand for public purpose later on given to the relatives to the officials to build housing co-operatives.
3.              Burla township has come up as an excess land acquired for Hirakud Dam.
4.              The Bangalore Link Road needed 200 hectors but 1200 hectors of land was acquired and the excess land was later on handed over to the companies for building colonies for profit.
Regional Planning is absent:
         The developmental projects are taken in solution without proper regional planning. The consequence is multiple displacements.
For example-
1.        The persons displaced by Rihand Dam in 1960 have been displaced four times.
2.        Saliga Tribals displaced by Kabeni Dam of Karnataka  in 1970 are again displaced by Rajib Gandhi National park.
3.        The fishing families displaced by Mangalore Port in 1960 were again displaced by Konkon Railway in 1980.

Compensation to the Displaced:
Always compensation should be according to the replacement value.
It must include market value of assets lost, lose of livelihood of Common Property Resource(CPR) dependents and lose of others who live by rendering services to the village community. Replacement value should include both material and monetary compensation which will make possible for displaced person and project affected persons to begin life anew.

They have to face a new economic culture and society. They should be prepared psychologically, socially and technically.

Compensation cannot be only for patta land. It also includes the barbers, labourers, dhobi and merchants, vendors who depend on village have to be helped to begin life anew.

The Common Property Resource(CPR) have to be replaced with viable alternatives. If necessary training may be given and they may be made literate. All these aspects are the part of the social cost of the project and cannot be ignored.

Consequences of Displacement:
The consequence of the present pattern of development is the continuing powerlessness of the weaker sections due to displacement and without any benefits from these development projects. Since independence, development projects of the five-year plans have displaced about five lakh persons each year primarily as a consequence of land acquisition. This figure does not include displacement by non-plan projects. Changes in land use, acquisition for urban growth and loss of livelihood have also caused environmental degradation and pollution. Hydroelectrical and irrigation projects are the largest cause of displacement and destruction of habitat. The other major sources are mines, industrial complexes as well as military installations, parks and sanctuaries, etc [Smitu Kothari 1996]. In the absence of firm project-wise data, estimates of the total number of displaced persons due to planned development intervention from 1951-90 ranges from the conservative estimate of 110 lakh to an overall figure of 185 lakh [Fernandes and Thukral 1989].

Several studies have documented the qualitative consequences of forced development. These consequences vary with local circumstances, but the ultimate common factor underlying the displacement effect is impoverishment. This occurs along the following crucial dimensions: landlessness, homelessness, joblessness, food insecurity, social disarticulation, loss of common property increased morbidity and mortality [Cernea 1990].

Tribal regions are more particularly affected in this process of development. A significant number of displaced tribals have historically been dependent on natural and common resources for their subsistence. Their displacement on a massive scale adds a serious dimension to the problem. These tribal communities have an ethos and a way of life based significantly upon their natural resource base. Due to developmental projects, they are forced to move out of areas where they have lived for generations. Apart from depriving them of their lands and livelihood, displacement, other traumatic psychological and socio-cultural consequences, tribals also have been victimised on the basis of their political rights. These include dismantling of the production system, scattering of kinship groups and family systems, disruption of trade and market links.

The situation is further compounded by inadequate rehabilitation measures. According to several case studies only 25 per cent of those displaced have been rehabilitated properly. In most development projects it is found that the attitude of project authorities towards affected people is apathetic and negligent. More particularly, the situation gets aggravated by (a) the absence of a strategy for re-addressing the problems resettlement creates and (b) by inadequate planning and execution.

Many sociologists and anthropologists have documented the above qualitative consequences of forced displacement. A survey which was carried out among tribal households in five villages at Talcher, Orissa [Pandey 1996] found an increase in unemployment from 9 per cent to 43.6 per cent, accompanied by a large shift from primary to tertiary occupation, and reported reduction in the level of earning upto 50 to 80 per cent among tribes and scheduled castes. In the Rengali irrigation project, Orissa, the percentage of landless families after relocation has doubled [Ota 1996], while in the coal mining displacement around Singrauli, the proportion of landless people skyrocketed from 20 per cent before displacement, to 72 per cent after [Reddy 1997]. Another study of seven projects causing displacement during 1950-94 in Orissa [Pandey et al 1997] found the problem of common property resources (CPR) in the post-displacement period. In the Rengali project, the access to common grazing lands and burial grounds, after dislocation came down from 23.7 per cent to 17.5 per cent.

Hence the meaning of the term “public purpose” should be restricted.
The Indian state has the power to compulsorily acquire private land for development projects without the consent of the owner of such land. The only prevailing law relating to involuntary displacement with an all-India coverage is the colonial Land Acquisition Act of 1894 (hereinafter LAA). Other such laws (without direct relevance to big dams) include the Coal Bearing Areas (Acquisition and Development) Act 1957, the Forest Act 1927 and the Army Manoeuvres and Practice Act, 1938. The most important principle underlying the LAA and related Acts is the doctrine of ‘eminent domain’[1] , according to which the state enjoys ultimate power over all land within its territory. It follows that the state has the right to invoke this right for the ‘public good’[2], and the consequent compulsory acquisition of land cannot be legally challenged or resisted by any person or community. In India, as we have noted, the only national law regarding displacement is the LAA, which places no legal obligation on either the project authorities or the state, beyond a limited conception of adequate ‘compensation’.[3] Displacement of people for the construction of dams and barrages under the LAA was common in the pre-Independence era in India, but the concept of rehabilitation was not heard of then. The displaced were only granted compensation under the LAA for the land acquired.[4] The notion of rehabilitation gradually emerged when it was realized that compensation for land and property acquired was not enough to make good the loss of the displaced. This notion was transformed into reality through rehabilitation policies and packages in the context of projects like the Narmada Valley and the Tehri Dam.The draft rehabilitation policy by N.C Saxena in the 1990s did not pass through, despite its many positive aspects. The subject gradually faded into oblivion until 2003 when the draft National Rehabilitation Policy was notified by the NDA government. This policy came into effect in February 2004 as the National Policy on Rehabilitation and Resettlement for Project Affected Families. The National Advisory Council (NAC), unsatisfied with this, sent its own revised policy draft to the government. The bureaucracy then brought out a revised version of the 2003 Policy in the year 2006 which has become the National Rehabilitation and Resettlement Policy of 2007.[5]

The policy has been criticized to a great extent, and one major positive outcome of these  criticisms has been the fact that the government is now considering a National Rehabilitation Act rather than another rehabilitation policy.

The Ministry of Rural Development is still in the process of drafting a bill to that effect. The National Rehabilitation and Resettlement Policy which was notified on the 31st of October 2007 has been severely criticized for having the potential to cause further conflicts in land acquisitions and leading to human rights abuses. Firstly, the policy, in spite of clearly stating its main aim of minimising displacement, is silent on the procedure to be followed to enforce the same. The absence of clear instructions provides enough scope for evading responsibility by the project authorities. Since such an objective is achievable only at the project conception stage when it could lead to the change in the choice of technology and project size, the absence of such directions would defeat the objective itself.[6]  Secondly, the Policy while providing for land-for-land compensation declares that this is subject to the availability of government land in resettlement areas. Also, preference for employment in the project for at least one member in the nuclear family is subject to the “availability of vacancies and suitability of affected person”. Such qualifying words only favour the project developers so that they can evade responsibility.





REVEIW OF LITERATURE


Kernot (2003) presents a cursory analysis of conflict-induced internal displacement in a research report and discusses major issues such as scope and nature of displacement, number of IDPs, responses to the displacement and so on.

Some of the national organizations such as INSEC, INPED, NPC etc. have also observed the conflict-induced internal displacement and pointed out the government's reluctance on the situation. Reports by these organizations briefly describe the issue of conflict-induced internal displacement but do not take it as the major concern while analysing various consequences of the armed conflict. Moreover, there are some individual contributions such as Khatiwada (2004), Nepal (2004) etc. observing the situation of the IDPs in Nepal.

"Displaced population is a microcosm, a sample of the wider community devastated by the indiscriminate violence and destruction characteristic of most internal conflicts, often compounded by racial, ethnic and religious animosities that provide political entrepreneurs with tools for manipulation” (Deng, 1998). Internal displacement is not limited within national borders; this is the first step in the massive outflow of refugees across international borders.

"They are beset by hunger, disease, and lack of adequate shelter. They are abused both by the government and insurgent forces and suffer mortality rates of epidemic proportions. Tens of millions of people in all continents, driven from their homes, have been caught within the borders of their own countries with no international authority in which to turn for assistance and protection” (Korn, 1999:2).

Areeparampil (1989) and Fernandes et al. (1989) point out the concept of 'state of dispossession' while analysing development-induced displacement. Such dispossession is not merely economic but social, political as well as cultural. There is an idea of external as well as internal colonialism in the name of 'development' for 'national interest'.










DESCRIPTION OF RESEARCH


BACKGROUND:
1.      Compensation has not been paid to the victims of displacement last 50 years.
Example: Hirakud dam displace.
2.      The land Acquisition Act has heavily tilted in favour of industry than agriculturist.
3.      There are tribal community who has displaced three times.
4.      Public purpose must be well defined.
5.      Industries have acquired vast acres of land which they hardly require and such lands lying unutilised.
Example: Tata-Gopalpur, Vedant.

RATIONAL OF THE STUDY:
As the process of development cannot be totally ruled out and industrialisation in the era of Liberalisation, Privatisation, Globalisation(LPG) but the Human Rights issues cannot be totally neglected. Under the present situation when the plight of the victims are projected by Human Rights activists, media and civil society. A harmonious relations between them is the call of the time.
OBJECTIVES OF THE STUDY:
The present studies have the following specific objectives:
Ø  To know the defects, loopholes and difficulties in Land Acquisition Act, 1894.
Ø  To ascertain as to whether the Project Displaced Families have reconstructed & regained their pre-displaced living standard in the post displacement stage.
Ø  To ascertain as to what are the risk factors that have been responsible for the non-restoration/non-reconstruction of the livelihood of the displaced persons.
Ø  To know the status of rehabilitation and displacement in Odisha.
Ø  To examine & identify the constitutional and legal framework especially made for displacement and rehabilitation purpose.
Ø  To know about judicial intervention for the protection of rights of the displaced persons.

SCOPE OF THE STUDY:
This research work is based on Doctrinal and empirical study. Hence the empirical study will be conducted in the state of Odisha and the doctrinal study will be conducted on the national level itself.

HYPOTHESIS:-
Ø  The Land Acquisition legislation is outdated and is not balancing the interests of victims(agriculturist) with that of industry.
Ø  The development process initiated by government is not taking into account the livelihood(Art.21) and other socio-economic problems of the displaced and there is no such condition in the Memorandum of Understanding  singed by the state.
Ø  In Odisha maximum sufferers are tribal due to rapid industrialisation in the sector of mines and mines related industries without any corporate social responsibility.
Ø  Judicial decisions are also not adequate and for proper guidelines are yet to be set out.

METHODOLOGY OF THE STUDY:
This research is to be based on eclatical approach of research methodology demands both empirical and doctrinal research methodology. Therefore this research will consist comparative, analytical and survey method as per the requirement of the research. In empirical method the researchers has to collect various information from the stake holders by using survey technique.
Under doctrinal method the researcher has to collect various information for this research from primary sources and secondary sources i.e. books, journals, magazines, Articles, Reports of Law commission along with conducted survey.
Data Collection:-
The Data collection will be conducted through primary as well as secondary sources, i.e. books, journals, law commission reports, articles etc. Through empirical research as well as doctrinal research the information related to this research work will be collected.
Data Analysis:-
After the collection of data, it will be analysed. Critical study of the entire research will be placed and the hypothesis will be tested and basing on the research recommendation will be guided.
Research Design:
This research work is to be designed into seven Chapters. Such chapters are;
Chapter-I deals with Introduction, which will contain meaning and concept of Displacement, rehabilitation, reconstruction etc.
Chapter-II deals with Research Methodology under which the researcher has taken certain hypothesis, objectives of the study, Area of study, Methodology of the study, Research Design.
Chapter-III refers to Land Acquisition problems, causes, consequences and challenges in India and other countries. In which Land acquisition problems are to be discussed, causes and consequences of land acquisition and displacement are to be discussed. The emerging challenges towards land acquisition also to be point out. Along with a comparative study in relation to land acquisition of India and other developed and under developed countries are to be discussed.
Chapter-IV refers to Constitutional and legislative aspects of land acquisition and compensation in India. In which the researcher have to discuss about the constitutional provisions and legislations in relation to land acquisition and displacement and rehabilitation and reconstruction.
 Chapter-V refers to Displacement and Rehabilitation- Statistical and empirical study from post-independence era with special reference to Odisha. In which the researcher has to discuss about the position of displacement and rehabilitation in Odisha and along with statistical and empirical data has to be presented.
Chapter-VI deals with Judicial Intervention. In which how the judiciary protect the rights of the displaced persons and simultaneously give directions to the govt to compensate the victims are to be discussed.
Chapter-VII implies about Appraisal and recommendations. In which the hypothesis are tested and outcomes of the research study will be pointed out and recommendations are to be suggested.












REFFERENCES

Allatt, P. (1984). "Residential Security: Containment and Displacement of Burglary." Howard Journal 23:00-116.

Bannister. J. (1091). The Impact of Environmental Design upon the Incidence and Type of Crime, a Literature Review. Edinburgh. UK: Central Research Unit. Scottish Office.

Barr. R. and K. Pease (1992). "A Place for Every Crime and Every Crime in its Place: An Alternative Perspective on Crime Displacement."

 In: D.J. Evans, N.R. Fyfe and D.T. Herbert (eds.). Crime, Policing and Place. Essays in Environmental Criminology. London, UK: Routledge.

Barron, J.M. (1991) "Repulsive and Attractive Displacement." Paper presented to the American Society of Criminology, November 1991. San Francisco.

Bennett, T. and R. Wright (1984). Burglars on Burglary; Prevention and the offender. Aldershot: Gower.

Bieleman, B. and L. Kroes (1991). Door Regelen In de MaaU Readies van
Drugsgebrutkers op Maatregelen van Overheid en Burger. Groningen,
NETH: Stichting Intraval.

Brantingham, P.L. and P.J. Brantingham (1993). "Environment, Routine,
and Situation: Toward a Pattern Theory of Crime."

Mukherjee. S. and P. Wilson (1987). "Neighborhood Watch: Issues and
Policy Implications." Trends and Issues (8). Canberra, AUS: Australian
Institute of Criminology.








TIME FRAME

Data Collection:- One Year
Data Analysis:-  Six Month
Report Writing:- Six Month



BIO-DATA

Post Applied for                    :           Vice-Chancellor, National Law University, Odisha, Cuttack.
1. Name                                 :           DR. PRADIP KUMAR SARKAR
2. Present Position              :           Professor, P.G. Department of Law.
Co-ordinator, Centre of Human Rights,  
Utkal University, Vani Vihar.
3. Date of Birth                     :           12.05.1953
4. Present Emoluments      :           Basic Pay Rs. 68970.00 per month, Gross Pay Rs.132422.00         per month
4. Academic Qualification  :           LL. M., Ph.D.
5. Teaching Experience     :           34 years at Post Graduate Level.
Joined as Lecturer on 24.11.78.
Reader in 5.2.90.(Regular)
Professor in 23.3.99(Regular)
6. Subject and arena of interest:   Child Rights, Human Rights, Law & Social Transformation,
Business Law, Legislative Principles, Jurisprudence,
Intellectual Property Rights, Environmental Law, etc.
7. Administrative Experience         :          
§  Vice-Chancellor (I/C), Utkal University.
§  Chairman Post-Graduate Council, Utkal University.
§  Head, P.G. Department of Law, Utkal University.
§  Dean, Faculty of Law, Utkal University.
§  Chairman Subject Research Committee, Utkal University.
§  Principal (I/C) University Law College, Bhubaneswar.
§  Expert member of Bhagalpur University, Bhagalpur Selection Committee for the appointment of Principal/ Full time Lecture/ Part time Lecturer in the faculty of law.
§  Member Selection Board of Orissa Public Service Commission for the appointment of Additional Public Prosecutor.
§  Expert member of Andhra University Selection Committee for the appointment of  Full time Lecture/ Reader in the faculty of law.
§  Member, High Power Committee in Law ,government of odiisha.
§  Member, Academic Council, Utkal University.
§  Member, Senate, Utkal University.
§  Member of Estate Committee, Utkal University.
§  Member, Regulation Amending Committee, Utkal University.
§   Member, Residence Committee, Utkal University.
§  Superintendent, Madhusudhan Chhatrabas, Utkal University.
§  Chairperson, Board of Studies & Conducting Board, Utkal University.
§  Member, Board of Studies & Conducting Board, Sambalpur University.
§  Member, Five Year Integrated B.A., LL.B. (Honours) Course.
§  Convenor, Legal Aid Clinic, P.G. Department of Law, Utkal University.
§  Co-ordinator, Centre of Human Rights, Utkal University.
§  Advisor, Utkal University Student's Union.
§  Member, Gradation Committee, Utkal University.
§  Course Co-ordinator P.G. Diploma in Human Rights & Duties Education.
§   Advisor, Committee for Legal Aid to Poor.
§  Advisor, Human Rights Committee.
8. Life Membership              :           (i) Indian Society of Criminology.
(ii) Indian Society of Victimology.
(iii) State Council for Child Welfare.
(iv) Indian Red-Cross Association.
9. Academic Member           :            
o   National Institute of Public Co-operation & Child Development (NIPCCD), Hauskhas, New Delhi.
o   Chairman, Board of Studies of Utkal University.
o   Chairman, Board of Studies of North-Orissa University.
o   Chairman, Board of Studies of Fakir Mohan University.
10. Resource Person          :          
Ø  State Judicial Academy.
Ø  State Police Academy.
Ø  Gopabandhu Academy of Administration.
Ø  Academic Staff College, Utkal University.
Ø  Academic Staff College, Sambalpur University.
Ø  Academic Staff College, Andhra University.
Ø  Academic Staff College, Kolkata University.
Ø  Academic Staff College, Banaras Hindu University.
Ø  Academic Staff College, Jammu University.
Ø  Academic Staff College, Punjab University.
Ø  Teacher Refresher Courses in Law, Human Rights, Sociology, Political Science, Anthropology, Public Administration.
Ø  Resource Persons in Teachers’ Refresher Course at Gauhati University.

Organised/ Convened:
Ø  A week long Seminar on "Law & Social Change” at M.S.Law College, Cuttack, Orissa.
Ø  "Dowry-A Social evil" at M.S. Law College, Cuttack, Orissa.
Ø  "Women, Law & Human Rights " at P.G. Department of Law, Utkal University.
Ø  Inauguration and Celebration of Human Rights Day on 10th Dec..
Ø  Symposium on "Protection of Human Rights & Human Values " at P.G. Department of Law, Utkal University and celebration of Human Rights Day on 10th December1997.
Ø  Tribunal Justice System "State Level Seminar on 28th April 1998 at the P.G. Department of Law".
Ø  Expert Consultation on Child Labour held in the P.G. Department of Law on the International Anti Child Labour day on 30th April 1998 in collaboration with CPSW &OLS.
Ø  Poverty- a-great challenge in the implementation of Human Rights in India held at P.G. Department of Law on 13th May 1998.
Ø  Human Rights 28th April 2000 on the Birth Anniversary of Late Utkal Gauraba Madhusudan Das, Centre of Human Rights, P.G. Department of Law & Utkal University at the P.G. Council Hall.
Ø  Legal Control of Air Pollution in India with special reference to state of Orissa (NEAC Programme) 6th April 2000 at P.G. Department of Law, Utkal University.
Ø  Lok Adalat & Legal Aid 6th May 2000 P.G. Department of Law, Utkal University.
Ø  Affirmative Action, Reservation and disability discrimination by Dr. Scott Palmer, Prof. Of University of Maryland, U.S.A. at P.G. Law 19th February 2001.
Ø  Law & Policies relating to Child Labour at P.G. Department of Law, 22nd April 2001.
Ø  National Seminar on “Domestic Violence and Sexual Harassment” organised by P.G.Dept. of Law, Utkal University on April 2007.
Ø  UGC Sponsored State Level Workshop on Curriculum Designing of Human Rights Education for 3years & 5 years Integrated B.A.LL.B(Hons) Courses for The Universities of Orissa organized by P.G.Dept. of Law, Utkal University on 30th March 2007.
Ø  UGC Sponsored State Level Seminar on “Honour Killing” organized by University Law  College, Bhubaneswar.
Ø  UGC Sponsored State Level Seminar on ”Status of Working Women in Unorganized Sector” organized by Kendrapara Law College, Kendrapara.
Ø  Academic Member Choice Based course structure, Utkal University on Law.



11. Research Experience   :
·         Undertaken Ph.D., in "Rights and Liabilities of Minors in Indian Legal System with special reference to commercial transactions" under Prof. Dr. K.D. Gaur. 
·         Mr. Suvendu Pati, Awarded  Ph.d under my guidance on topic “ Anti-Defection law in India- A Critical study”.
·         Mr. Rabinarayana Panda, Awarded Ph.d under my guidance on topic “Sexual and Domestic Violence against Women in India A Socio Legal Analysis”.
·         Mrs. Jharna Swain, Awarded Ph.d under my Co-Guidance on topic “Juvenile Justice- A Socio-Legal Study” in Sociology.
·         Mr. Shaikh Sahanwaz Islam, submitted  Ph.d Thesis on topic “Right to Information-As a tool of Good Governance”.
·         Mr. Niranjan Parida,  submitted Ph.d thesis on topic “A critical study of law relating to civil servants accountability for Good Governance”.
·         Mr. Dhirendra Narayan Nayak, submitted Ph.d thesis on topic “Implementation of Social Security measures in the Steel industries of Orissa- An Analytical study with special reference to Rourkela steel plant”.
·         Mrs Shyamli Mukharjee submitted her Ph.d thesis on topic “Protection of Traditional knowledge under Intellectual Property Right with special reference to Mayurbhanj District”.
·         Mrs. Madhubrata Mohanty submitted ph.d thesis on Lokpal- A watchdog institution for Good Governance with special reference to Odisha-A Critical Analysis”.
12. Monographs                   :
ü  "Law & Social Change in India".
ü  "Dowry- A Social Evil".
13. Paper Published                       :          
§  "Do Judges' make Law ", Cuttack Law Times.
§  "Constitutional  Casteism "- in Journal 'Citizen'
§  "Ambedkar and the Constitution of India "- Journal of Harijan & tribal welfare, Government of Orissa; special volume published in the            Centenary Year of Dr. Babasaheb Ambedkar.
§  "Ambedkar the Champion of Human Rights in India " in BRANI journal.
§  “Infringement of Copy Right & Neighbouring Rights and Legal Remedies”- ASIAD Journal.
§  “ Right to Information Act,2005- A March from Secrecy to Transparency”- ASIAD Journal.
14. Papers presented in International, National & State Level Seminars:
International:
*      "Violation of Human Rights at the tribal belts of Orissa" International Seminar on "Human Rights" held at Indian Social Institute, Delhi as a delegate from Utkal University and Orissa from 3rd -8th , January 1991.
*      Challenges on promoting Human Rights in India, in "Ethnicity, Communalism, Globalisation and Human Rights" 24-25 March 2000, Dr. Ambedkar Foundation & University of Calcutta.
National:
*      "Ambedkar- the messiah of Human Rights in India " U.G.C. sponsored National Seminar at held at Vani Vihar by P.G. Department of Law, Vani Vihar in Feb. 1993.
*      "Child Labour Abolition-Dilemma of implementation" U.G.C. & UNICEF and I.L.O. sponsored National Seminar held at Hotel Swosti, Organized by University Law College, Vani Vihar between 27th-28th May, 1995.
*      "Environment, Environmental Pollution and Health Hazards in Cuttack Municipality" National Seminar on 'Habitat Management' organized by M.S. Law College, Cuttack on 10th & 11th May, 1994.
*      "Social Justice and Indian Constitution" National Seminar on 'Social Justice' organized by the Special Assistance of Philosophy Department, Vani Vihar.
*      "Human Rights, Human Rights' Commission and Remedial Justice" National Seminar on 'Human Rights' organized by University Law College, Vani Vihar.
*      "Judicial Activism to be or not to be - the Indian Experiment" National Seminar on "Judicial Activism " organized by G.M. Law College, Puri on 26th April, 1996.
*      "Dr. B.R. Ambedkar- the Champion of Human Rights in India" National Seminar organized by BRANI held at Regional Research Laboratory Auditorium, Bhubaneswar on 18th April, 1995.
*      “Environmental Law, Education and Advocacy” A National Seminar organized by P.G. Dept. of Law, Utkal University in association with the Centre for Environmental Education Research Advocacy of National Law School of India University, Bangalore, on 5th &6th September, 1998.
*      Human Rights, Human Values and need for indigenous Human Rights Education in India 24-25July 1999, National Seminar on "Human Rights Education", Banaras Hindu University.
*      Law and Ethical Issues relating to genome, National Seminar on "Human Genetics, Health and Ethical Issues", March 24-26, 2001 Department of Anthropology, Utkal University.
*      Infringement of Copy Right and Neighboring Right & Legal Remedies, "National Seminar on Copy Right: Retrospect & Prospect" Sponsored by Ministry of HRD, New Delhi, Organised By University Law College, 24-25 March 2002.
*      Appointment of Judges & Accountability, "National Seminar on Judicial Independence & Accountability" 24-25 June 2002.
*      Law and Policy relating to child in the constitution and legislations, National Workshop on Girl Child Labour 31st September 2003 Organised CACL at BBSR.
*      Centre for Women and Law, NLIU, Bangalore, participated in State Level consultation on Manual for lower judiciary on Trafficking of women & children? For commercial sexual exploitation.
*      Inter State meeting between Maharastra & Orissa on Networking Approach for Prevention of Trafficking & Commercial Sexual Exploitation of Women & Children, Bhubaneswar on 10th October 2006.
*      “National Workshop on CRZ Regulation” organized by Nalsar-University of Law, Hyderabad on 20th April 2007.
*      “The Legal Education and the future vision of the Legal Profession”-A National Seminar organized by Bar Council of India & Orissa State Bar Council of on 14th & 15th April 2007. 
*      UGC sponsored National Conference on Relevancy of law as on instrument for Protection of Environment held on 10th & 11th February 2007 at Denkanal Law College.
*      “Freedom and Dignity for all Children”- A National Convention on Right to Education and Abolition of Child Labour organized by Unicef in collaboration with ILO on 11th & 12th December, 2008 at Vigyan Bhaban, New Delhi.
*      World Consumer Rights Day on 24th March 2009 at North Orissa University organized by District Consumer Disputes Redressal Forum, Mayurbhanja & P.G. Deptt. Of Law, North Orissa University.
*      UGC sponsored National Seminar on Role of Self-Help Groups in Civil Society organized by G.M. Law College,Puri on 4th February 2010.
*      National Seminar on Democratic Governance and Subaltern Leadership in India 27th & 28th March 2010 organised by Centre for Ambedkar Studies.
*      National Symposium on Globalisation and Intellectual Property Rights on 27th February, 2010 organised by University Law College, Utkal University.
*      UGC sponsored Seminar on Maintainance and Welfare of Parents and Senior Citizens on 15th May 2010 organised by D.S.Law college, Kendrapara.
*      World Teachers’ Day on 5th October 2010 at Red Cross Bhawan organized by National Coalition for Education and AIPTF.
*      National Seminar on “Consumer Protection and Welfare” on 13th & 14th August, 2010 organised by Dr. Ambedkar College of Law, Andhra University, Visakhapatnam in association with Centre for Consumer Studies, Indian Institution of Public Administration, New Delhi.
*      National Management seminar on Legal imperatives in Business: The Changing Paradigm on 27th February 2010 at Asian School of Business of Business Management and chaired the session presented a paper on “ New Dimensions in Business Law”.
*      National Symposium on “ Globalization & Law” organized by University Law College, BBSR on 27th February 2010.
*      One Day Training Programme on “Human Rights” organized by Dr. B.R. Ambedkar College of Law, Adhra University, Visakhapatnam in collaboration with The National Human Rights Commission, New Delhi on 10th December 2010.
*      National Seminar on “ Challenges on RTI Awareness” organized by SOA National Institute of Law, Siksha “O” Anusandhan University on 12th February 2011.
*      National Seminar on “Social Exclusion & Social Justice in India” organized by Centre for Social Exclusion & Inclusive Policy Study, Directorate of Distance and Continuing Education, Utkal University.
*      UGC sponsored National Seminar on “Surrogacy in India: Problems and Law” organized by University Law College, Utkal University in collaboration with G.M. Law college, Puri on 28th & 29th March 2011.
*      UGC sponsored National Seminar on “Gramnyayalaya Doorstep to access to justice” organized by G.M.Law college,Puri in collaboration with Odisha State Bar Council, Cuttack on 16th & 17th April, 2011.
*      UGC sponsored National Seminar on “ Law, Justice and Social Transformation in India” organized by M.S.Law College, Cuttack on 17th & 18th December, 2011.
*      UGC Sponsored National Seminar on Media & Law for Stability and Social Change, organized by Dinabandhu Sahu Law college, Kendrapara, Orissa in Collaboration with The New Indian Express Group(Orissa) Bhubaneswar on 22nd &23rd January 2011.
*      National Seminar on “Judiciary, Ethics and Justice Delivery in India” Jointly organized by National Law University, Orissa & Institute of Objective Studies, New Delhi on 21st &22nd January 2012.
*      National Seminar on “ Challenges to Administration in India” organized by P.G. Deptt. Of Public Administration, Utkal University on 20th March 2012.
*      National Seminar on “ Empowering Tribals: Education, Health & ivelihood” organized by Deptt. Of Anthropology, Utkal University in collaboration with Anthropological Survey of India, Kolkata on 27th & 28th March 2012.
*      UGC sponsored National Seminar on “Women and Environment” organized by P.G. Deptt. Of Sociology and School of Women’s Studies, Utkal University on 28th March 2012.
*      UGC sponsored National Seminar on “Access to Control over Land-Key to Poverty Reduction” organized by P.G. Deptt. Of Analytical and Applied Economics, Utkal University in collaboration with UNDP And Institute of Rural Development on February 23, 2012.
*      UGC sponsored National Seminar on “Mining-Economic, Environment, Social Implications” organized by P.G. Deptt. Of Analytical and Applied Economics, Utkal University on 24th March, 2012.
*      UGC sponsored National Seminar on “Human Resource Development through Physical Education- A New Frontier in Education” organized by Department of Physical Education, M.S.Law College,Cuttack on 24th  & 25th  March, 2012.



State Level:
*      "Ambedkar and the Constitution of India" Held on the Birth Centenary of Dr. B.R. Ambedkar at Soochana Bhawan under the auspices of Harijan & Tribal Welfare Department of Govt, of Orissa.
*      "Inter State Migrant Workmen and Bonded Labour" Presented a Paper at Puri Youth Hostel organized by SODA & Puri NGOs.
*      "Public Participation in Forest Management and Protection of Wild Life" Kendrapara Law College, Kendrapara.
*      "Child Labour Prohibition & Abolition within 2000 A.D." and Heading Expert Group in it. UNICEF and CYSD Organized joint Seminar to formulate Action Plan for the State at NGO Level at Hotel Kalinga Ashoka.
*      "Legislative and supportive measures to check exploitation of Children" and headed the Expert Group in it. Govt, of OrissaNGOs & UNICEF joint Symposium to finalise the State Action Plan for Children.
*      "Legal Aid- an instrument of Social Justice in India " Organised by Law College & Orissa Legal Aid Society at Panth Nivas, Cuttack.
*      "Juvenile justice Act- 1986 a functional analysis" Held at Bhubaneswar by National Institute of Public Co-operation and Child Development, Govt, of India at State Institute of Rural Development on 19th Sept. 1995.
*      "Universalisation Elementary Education " Organised by CPSW on 13th & 14th. December 1997 at Hotel Prachi, BBSR.
*      Medico Legal Dimension of AIDs and its implication, "Symposium on HIV AW s and the Law" 9th & 10th October 1999.
*      "Law & Policy relating to Crimes against Women " Workshop & Violence against Women, 7-8th Dec. 2001. Venue: Red Cross Bhawan, Organised by TOWARDS.
*      "Chaired a Session on Violence against Women and Discrimination" Work on Women Human Rights held on 10-12 December 2001 at Hotel Marion, BBSR, Organised by: Orissa Women Human Rights Forum.
*      "Education is the state responsibility Vrs. Parents' responsibility" State Level Convention on Right to Education, 1st -2nd Feb.2001,Venue: Soochana Bhawan. Organised by: Forum Against Child Exploitation Supported By: Child Relief Year, Calcutta.
*      "Child Labour Prohibition & Regulation Act 1986 relating to Child Labour in domestic & Hotel sector", Eastern Region consultation on Child Labour in domestic & Hotel Sector, 17th & 18th Feb. 2001. Venue: State Institute of Family Health & Welfare, Orissa. Organised by: CACL Central Secretariate.
*      "Main Resource Person on Round Table of Legislature on Child Labour Dt. 29th May 2001- a participating discussion with MLAs, MPs, Ministers and speakers of Orissa ", Organised by: CACL & PECUC      Venue: Hotel Kalinga Ashok, BBSR.
*      "Resource Person on Making Media Conscious about Child Labour" Organised by: CACL & PECUC Held on: 30th May Venue: Jatrinivas, Konark.
*      "Prevention of Terrorism Act - A Sword or a Shield", Seminar on "Does India Need a special Law for prevention of Terrorism" Sponsored by: U.G.C. Org. by: G.M. Law College, Puri., Dt. 31.03.2002.
*      "Beedi Cigar Workers Act Implementation & non-implementation " Deliberated as a Resource Person on Beedi Worker's Sammelan held on the Occasion of Padayatra on Beedi Worker's issue from 20th 27th March 2002, at Angul Held on closing ceremony on 27th March 2002.
*      Organised Seminar cum Workshop on "Law & Policies relating to Child Labour" 22.04.2001 Venue: P.G. Department of Law, Utkal University, BBSR.
*      Rights to Education - A fundamental Right Discussion with Member of Parliaments of Orissa in Making 95th Amendment a reality. Seminar on "Ensure Fundamental Rights to education for all children upto 18 years", before passing of the 95th amendment (Act) Bill, IDC Seminar Hall Org. By: PECUC & CACL.
*      "Awareness of Human Rights to Poor and Tribals of Orissa" Legal Aid Day Celebration among At: Bhawani Patna, Kalahandi Organised by: CLAP
*      Defects and difficulties in implementing "The Milk substitute feeding Bottles and Infant Foods Act on the occasion of Breast Feeding week lst-7th July, 2001" organised by CLAP, held on 5th July 2002, Hotel Garden Inn.
*      Resource Person closing Ceremony Seminar on "Empowerment of Women-Challenges and Projection in the New Millenium " 4-5th  February 2001 .Venue: M.S. College, Baramba.
*      Governance-current crisis and Need for Reform, 1st September 2003. Law Protecting Livelihood of Street Vendors, 14th October 2003, Organised by NASVI, BBSR.
*      State Level Meeting on “Ensuring Women’s access to and control over land” organized by Women Power Connect, Oxfam, Institute for social Development in collaboration with P.G. Deptt. Of Law, Utkal University.
*      State Level Consultative Workshop on Right to Information organized by Indian Institution of Education & Care(IIEC) on 10th & 11th March 2012.
*      Training on Human Rights Law and Lawyering organized by Committee for Legal Aid to oor(CLAP).
15.  Area/Field of interest   :
ü  Comment on Children's Bill in Orissa, Hotel Swosti, BBSR, Org. CACL, Orissa.
ü  National Programme for H/R Education in Schools Utkal Main Hall, BBSR, Org. Institute of H/R Edn.
ü  Rights of the child from the CRC perspective, Hotel Keshari, BBSR. Org. CLAP.
ü  Critique on CLPR Act, 1986, National Conference on Child Labour, Inter Council of Churches, Egmore Tamil Nadu, Org. CACL India.
ü  Universal Declaration of H/R 1948 and India, Yatri Nivas, Konark, Org. IHRE&PECOC.
ü  Right to Information Act, 2005 Retrospect & Prospect, Town Hall, Puri Org. PUBLIC.
ü  H/R International view & Indian Constitution, Yatri Nivas, Konark. Org. IHRE & PUCUC.
ü  Resource person on Child Labour & J.J. Act, 2000. Social Legal Dimension, North Eastern States, Gouhati, Org. PDH & CACL.
ü  Effective Functioning of C.W.C Regional Workshop for C.W.C Members on Juvenile Justice Act, 2000, February, 2006.
ü  Environmental Pollution and Eco. System, Restoration-legal view. Org. Botany Dept., Utkal University.
ü  State Level Seminar on Inter Country Adoption Problems & Prospect sponsored by O.G.C. Org. by D.S. Law College, Kendra Para.
ü  Critical Review of Juvenile Justice, Act. 2000 & Child Rights, Red Cross Hall. Org. Child care, BBSR.
ü  Problem of Compulsory Registration of Marriage among Hindu, Mohammedans & Christian Communities, Consultation on Compulsory. Registration of Marriage, CYSD, BRTC, BBSR Org. CLAP.
ü  State Level Consultation on National Green Tribunal Bill 2009, organized  by Vasundhara, BBSR & TAI India, New Delhi on 7th November 2009.
ü  6th State Covention on “Right to Information” organized by Odisha Soochana Adhikar Abhijan on 16th August 2011.
ü  UGC sponsored A State level Seminar on “Democratic Governance in India: New Challenges” organized by P.G.Dept. of Political Science, Utkal University on 17th November, 2011.
16. Extension Lectures Delivered:
o   "Child Labour Problem and Solution" State Level workshop organized by CENDERET at Xavier Institute of Management, Bhubaneswar.
o   "Juvenile Justice" CENDERET, Xavier Institute of Management, BBSR.
o   "Rights to Health & Medico Legal Cases" CENDERET, Xavier Institute of Management, Bhubaneswar.
o   "Health for all by 2000 A.D. Legal & Constitutional Protection" CENDERET, Xavier Institute of Management, Bhubaneswar.
o   "Juvenile Justice in Orissa" State Council of Child Welfare, Bhubaneswar.
o   “Sexual Assault of Women in India" S.C.S., Welfare.
o   "Critical Comment on the proposed rule made by Govt, of India on in Country and Inter Country Adoption" State Council for Child Welfare
o   "Human Rights in India Concept and Implementation " SODA, Bhubaneswar
o   "Inter State Migrant Workmen and Bonded Labour Legislation in India" Youth Hostel Puri, Organized by SODA
o   "Child Labour - A programme for abolition" Baptist Church at Jatni organized by SODA.
o   "Human Rights of Women in India" Youth Hostel Puri, Organised SODA and DIPS Communication.
o   "Human Rights of non-wage earner Women in India" At Co-operative Training Institute, BBSR. organized by Red Cross Society, State Unit.
o   "Plight of Indian Women and Need for a change in Law and Social outlook" At Kulasahi organized by NGO and OSLAB.
o   "New forest policy and proposed forest Legislation- An overview" At Panthaniwas, BBSR, Organised by CPSW.
o   "Adoption of Children" At Hotel Keshari organized by Sanjeevani between 19th-20th March, 1995.
o   "Consumer Protection in Orissa" At Jatni conducted by State Legal Aid and Advisory Board.
o   "Public Interest Litigation" At Jatni organized by SHREAD.
o   "Public Interest Litigation a Movement of Legal Aid". At Sahid Bhawan organized by State legal and Advisory Board.
o   "Law and Social Change in India" At Para Legal Training for Women at Vani Vihar organized by P.G. Department of Law & OLAB.
o   "Human Rights International National and Perspectives" At Department of Philosophy, Special Assistance to UGC Teachers' Training Programme.
o   "Human Rights in India, Constitutional and Legal Perspective""Natya Chetana" Karmasala at Jatri Niwas.
o   "Child Rights Convention"    Organised by National Council of Teacher's Education at Panth Nivas on 23rd-26th October, 1997.
o   "Child Labour Problem in Orissa" in view of the Supreme Court directives and modalities to collect statics Joint Seminar & Workshop of Labour Officers and NGOs Organised by Deptt. of Labour, Govt, of Orissa, May 1997.
o   "Child Labour Prohibition or Abolition-Need for a new Legislation" CACL workshop at Soochana Bhawan, May 1997.
o   "Human Rights Propagation & Protection" Organised by State Committee on Human Rights at Konark on 27th September, 1997.
o   "Child Abuse- Problem & Remedy" Organised by Rotary Circle, BBSR & UNICEF 1997 on 28th September, 1997.
o   "Civil & Political Rights Protection" P.G. Department of Law, Utkal University, Vani Vihar on 10th December, 1997.


Date:- 11.2.13                                                                                             Signature
Bhubaneswar:-                                                                                Prof.(Dr) P.K.Sarkar




[1] The concept ‘eminent domain’, as we know it today, can be traced to the Latin term Eminenes Dominium, which referred to a government’s power to appropriate private property for the public’s use, with or without the property owner’s consent.
[2] The LAA under § 3 (f) defines public purpose to include provision of village sites, extention, planned development, or improvement of existing village sites; the provision of land for town or rural planning; the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned etc.
[3] See § 6 of the Land Acquisition Act, 1894.
[4] Ramaswamy R Iyer, Towards a Just Displacement and Rehabilitation Policy, ECONOMIC AND POLITICAL WEEKLY, July 28th 2007, 3103.
[5] Id. See also India’s Failed Rehabilitation Policy, THE SOUTH ASIAN, December 22, 2007,
[6] See Shripad Dharmadhikari, Resettlement Policy: Promising Start and a Let Down, INDIA
TOGETHER, November 12, 2007 available at http://www.indiatogether.org/2007/nov/hrtrandrpol.
htm (Last visited on November 2, 2008).

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