Lok Sabha Question No. 2985 (UNSTARRED), answered on 2017-03-20
Subject: Acquisition of Tribal Land
Ministry: TRIBAL AFFAIRS
Asked by: RANJEET RANJAN, RAJESH RANJAN  (PAPPU  YADAV), SHIVKUMAR CHANABASAPPA UDASI

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA

## UNSTARRED QUESTION NO. †2985

TO BE ANSWERED ON 20.03.2017

## ACQUISITION OF TRIBAL LAND

## † 2985. SHRIMATI RANJEET RANJAN: SHRI RAJESH RANJAN: SHRI SHIVKUMAR UDASI:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government has amended/proposes to amend the Forest Rights Act, 2006 so as to allow mining on forest land also and if so, the details thereof;

(b) whether the tribal land has been acquired for mining, industrialisation and non-agricultural purposes during the last three years and the current year and if so, the details thereof, State/UTwise;

(c)  whether  the  Government  has  assessed  the  impact  on  tribal  communities  due  to  such acquisition of tribal land in the country; and

(d) if so, the preventive measures taken/being taken by the Government to prevent diversion of tribal land for industrialisation/mining and other development projects?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

- (a) No Madam, the Ministry of Tribal Affairs has not amended or proposed to amend the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA in short) so as to allow mining on forest land.
- (b) &  (c)  Department  of  Land  Resources  (DOLR),  Ministry  of  Rural  Development  is  the nodal Ministry dealing with land acquisition matters. Land and its management fall under the  exclusive  legislative  and  administrative  jurisdiction  of  states  as  provided  under  the Constitution of India (Seventh Schedule - List ii (State List) - Entry No.(18). Therefore, State wise details are not maintained centrally.  DoLR is responsible for collecting data regarding land acquisition and displacement covering ST families also.
- (d) As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLRR) Act, 2013, as far as possible, no land is to be acquired in the scheduled  area  except  as  last  resort.    In  case  acquisition  or  alienation  of  any  land  in  the Scheduled Areas, the prior consent of Gram Sabha or the Panchayat or the Autonomous District Councils,  at  the  appropriate  level  in  the  Scheduled  Area  in  the  Fifth  Schedule  to  the Constitution, as the case may be, are required to be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency.

As per Section 48 of the RFCTLRR  Act, 2013 a National Monitoring Committee has been constituted to review and monitor the implementation  of Rehabilitation and Resettlement schemes or plans related to land acquisition under the RFCTLARR Act, 2013 and National Rehabilitation & Resettlement Policy  (NRRP), 2007.  This is envisaged to cover all forest dwellers and tribals.

The  Act  also  lays  down  procedure  and  manner  of  rehabilitation  and  resettlement  (R&R) wherein R&R is an integral part of the land acquisition plan itself. National Monitoring Committee also  reviews  and  monitors  the  implementation  of  R  &R  schemes  and  looks  into  issue  related  to displacement of people and timely payment of Compensation.

The FRA also safeguards Scheduled Tribes and Other Traditional Forest Dwellers from their eviction or removal from forest land. The  Section 4 (5) of FRA provides that 'Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete'.

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