Nepal Earthquake and Human Safety - Shridev Sharma

The recent Nepal Earthquake has once more drawn the attention of the entire humanity. In a matter of seconds, thousands of lives were lost and others who survived would go through an endless agony of having lost everything.

The tragedy after Nepal earthquake happened because new technologies to make habitats were applied mindlessly without due cautions to methodology of resisting earthquakes. It is noteworthy that while designing structures various loads i.e. Imposed loads, wind loads, seismic loads, snow loads and other loads are minimum working loads which should be taken into consideration for the purpose of structural design.

Nepal Earthquake: Who is Responsible?

No authority responsible for sanctioning drawings for any type of building, business dwelling, educational, industrial, institutional or office, mercantile, residential, or storage, should get approval, until its structure is designed by a competent structural engineer, who has factored in ..... (click here to read full article)

Tweets of Shridev Sharma

Shridev Sharma is writing on different topics and interpreting Rig Veda, Yoga Sutra, Majjhim NIkay, and other Sanskrit classics. He is getting huge response from the readers. Yesterday was a remarkable day as he scored above 60,000 impressions for his 500+ tweets. As on 15th June 2015, he is being followed by 300+ users. You may also read his interpretations on https://twitter.com/shridevsharma .

His tweets, specially on Yoga Sutra, Majjhim Nikay and Rig Veda, are getting more and more attention.

a must read....Patanjali’s Yogasutra vs Secular-Acharyas

While this blog is made to mention issues relating the 2013 Land Acquisition Act & its impact, however, I found an article for must read to my readers. A part of the article is given herewith, with the link to full text. The article is written by Shridev Sharma.

Patanjali’s Yogasutra vs Secular-Acharyas

A debate on the true nature of yoga as professed in the Patanjali’s Yogasutra and a perspective into the Secular-acharyas approach.

Yoga-Sutra

Over a period of time yoga and yogasanas including pranayama (breathing exercises) have been greatly promoted across the globe. People across races, religions, languages and nationalities have practiced it, become followers and realized its positive impact on their lives.

While going through Patanjali’s Yoga Sutra, which is the principal philosophy of yoga, one admires that it is professed so human mind can attain balance and remain healthy.

According to Patanjali, one of the major instruments to attain it was by focusing on any likable form of God. Likability means any person following a form of god according to one’s belief and liking. Patanjali’s Yogasutra, in its Samadhi Padd, 32^nd Sutra, talks of this as “Aek tattavābhyās”.

Debate on Yoga

It is beyond any doubt that practicing asana leads to a flexible and healthy body, and breathing exercises lead to de-stressing, healthy lungs, and plenty of oxygen to the brain, to read the full article, please visit  shridevsharma.com/patanjalis-yogasutra-vs-secular-acharyas/

Appointment of Committees, and Option to Lease in the Land Acquisition Act 2013

APPOINTMENT OF COMMITTEE AND AUTHORITY,

AND

EXERCISING THE OPTION FOR TAKING LAND ON LEASE

A major feature of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, (Land Acquisition Act 2013) is to provide for the establishment of National and State committees for reviewing and monitoring the implementation of rehabilitation and resettlement schemes and plans.

To provide speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, “the Land Acquisition, Rehabilitation and Resettlement Authority shall be established under a presiding officer”.

The Authority shall not be bound by any code of civil procedure but shall be guided by the principles of natural justice. Subject to the provisions of the Act and any rules made thereunder, the Authority shall have the power to regulate its own procedure. Jurisdiction of civil courts is barred, except as provided in Para 7 below.

Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for dealing with any objection arising out of any procedure. The Collector shall make a reference to the Authority within thirty (30) days. If he fails to make such reference within the stipulated time, the applicant may apply to the Authority requesting it to direct the Collector to make such reference.

While determining the amount of compensation to be awarded for the land acquired, including rehabilitation and resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under Sections 26 to 30 and the provisions under Chapter 5 of the Act.

In addition to the market value of land, as provided above, the Authority shall, in every case, award an amount calculated at the rate of twelve (12) per cent per annum on such market value... Read More

Land Acquisition Act 2013 – Disabling and Restricting Government from Acquisitio

An Act Disabling and Restricting Acquisition by the Government even for Defence, National Security and emergency situations arising from Natural Calamities

It is noteworthy that the Land Acquisition Act, 2013, has a far and wide operation. It includes:

"…strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or state police, safety of the people…"

The Act says the provisions relating to land acquisition, compensation, rehabilitation and resettlement shall apply when the appropriate government acquires land for its own use, hold and control.  For these purposes also the Government has to consult the concerned Panchayat, Municipality, or Municipal Corporation at the village or ward level.

The Government needs to inform local people in the local language for commencement of consultation and of the social impact studies in a provided manner. The Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipalities or Municipal Corporation at the stage of carrying out the Social Impact Assessment study. The appropriate Government shall ensure the completion of this study within six months and it shall be made available to the public.

Now in this Assessment it will be decided as to whether the proposed acquisition serves public purpose, estimation of affected and likely to be displaced families, extent of lands, public and private houses, settlements and other common properties likely to be affected by the proposed acquisition, whether the extent of land proposed for acquisition is to the absolute bare minimum.... Read More

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a Boon for Land Speculators

(an analysis by Shridev Sharma)

The history of acquiring immovable property goes back to the Bengal Regulation 1 of 1824, which was enacted by the British East India Company. Subsequently there were multiple enactments by different presidencies which were replaced by the Act of 1870. This Act too was amended in 1894, and existed until “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” replaced it.

The preamble to the Act reads:

“…to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.”

Subsequent to the Act, Bill no. 20 of 2014 was introduced by the present government in the Lok Sabha. The bill became a subject matter for controversies and agitations, as the amendments proposed in the Bill were termed anti-farmers. The government seems to be softening up while going forward with the amendments.

One needs to go deeper into the provisions of the Act to understand the far-reaching negative implications of the Act on vital developments of the country. The Atomic Energy Act, 1962, The Land Acquisition (mines) Act, 1885, The Metro Railways (Construction of Works) Act, 1978, The National Highways Act, 1956, The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, The Reliquinshing and Acquisition of Immovable Property Act, 1952, The Coal Bearing Areas Acquisition and Development Act, 1957, the Electricity Act, 2003, The Railways Act, 1989, among other Acts, were incorporated under the 4^th Schedule of this Act. According to Section 105(1), subject to subsection (3), the provisions of this Act shall not apply to enactments relating to Land Acquisition specified in Schedule 4.

Subsection (3) specifies that:

“The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provision of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedule, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule, or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to the compensation or rehabilitation, and resettlement as may be specified in the notification, as the case may be.“

In short, to establish any atomic energy plant, or to construct a metro railway, or for making a national highway or for laying out a petroleum or gas pipeline, or erecting power transmission lines, the government would be required to pay an award in rural areas of the market value of the land multiplied by the factor specified, plus the value of assets attached to the land and building, and a solatium. The final award in urban areas is similarly determined.

Thus, on an approximation, the government should be ready to cough up to about five times the market value of the land under acquisition for undertaking any project, besides providing for the rehabilitation, resettlement and entitlement for the land owners and families whose lives are wholly dependent on the land acquired, as well as the infrastructure and amenities.

The powers relating to the rehabilitation and resettlement of this Act shall also apply when a private company purchases land equal to or more than such limits in the rural or urban areas, as may be prescribed by the appropriate government, through private negotiation with owners of the land, the cost of which can be quantified into a monetary amount, which the collector shall allow to deposit into the account in complete satisfaction of the obligation.

One can image the scenario in the areas earmarked for laying petro or gas pipelines, or putting up an industrial corridor, or making national highways, if some shrewd players register the land at many-folds the current market value. As per the prescribed formula of the Act of 2013, this will escalate the compensation to unacceptable heights.

The Government needs to seriously make an endeavor in order to understand how much land it needs to acquire for the aforesaid vital infrastructure and, in view of non-regulation of speculation activities, what are going to be the implications on all such upcoming projects.