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Protest Dharana organized Before Governor’s House Against
Odisha Government Land Grabbing (Prohibition) Bill

By Bhumi Adhikar Andolan

17 October, 2015
Countercurrents.org


Bhubaneswar : A protest dharana was organized on 14th Oct 2015 before the Governor’s House under the banner of Bhumi Adhikar Andolan-a forum of different sangathans fighting for land rights in Odisha. The protest dharana was organized against the recently passed “Odisha Govt. Land Grabbing(prohibition) Act 2015. Around 2000 people across the state from different organizations fighting for land rights in the State i.e All India KishanSabha, Trade Union Co-ordination Centre, OdishaKrushakSabha, BastiBasindaMahasangh, All India KrushakMahasabha, BastiUnnayanMahasangh, All India KishanMazdoorSabha, BastiSurakshaMancha, All India KrantikariKrushakMahasabha, Lok Shakti Abhijan, ChasiMuliaSangha, NAPM, ChasiSurakshaAbhijan, UthaDokaneeMahasangha, SamajwadiKrushakManch, INSAF, RPI KrushakManch, OdishaShramajibiManch, BharatiyaKshetaMazdoor Union, AnasangathitaSramikSangha, OdishaKshetaMazdoor Union, All India People's Forum, OdishaAdivasiAdhikarManch and CSD, Odishaetc participated in the protest rally under the banner of BhumiAdhikarAndolan(BAA).

It is to be noted that in the last assembly session, the BJD Govt. has passed the bill in the absence of the opposition parties in the Assembly. The said bill has been sent to the Governor of Odisha for his assent.

The protesters are of the view that the bill passed by the BJD government violates various constitutional and statutory provisions and Governor should send back it to the Assembly for reconsideration as required under Article 200 of Constitution. Besides, they also demandthat this land grabbing (prohibition) bill should not be applied in the 5th Scheduled Areas of the Stateas required under Para 5(1) of Fifth schedule. It is contented that despite number of acts and policies i.eOdisha Land Reform Act 1960, Odisha Prevention of Land Encroachment Act (OPLE) Act 1972, Odisha Government Land Settlement Act (OGLS) 1962, Vasundhara scheme, Mo jami Mo Diha(2006-07)etcthe State Government have failed to provide homestead and cultivable land to all the eligible landless over the period. Now after passage of Odisha land grabbing (prohibition) Bill, these landless people will be deprived from getting land rights forever.
It is also alleged that this bill is in contradiction and in violation of the PESA Act, 1996, Forest Rights Act, 2006 in which the village council(Gram Sabha) has been recognized as “Authority-Gram SabhaSarkar” and it is authorized to take decision over themanagement and governance of all the land, forest and natural resources falling within its village boundary.

Reiterating the provisions laid down under FRA, 2006 and PESA, 1996, the BAA has asserted that the “GramaSabha” is the real authority to take decision over the land, to identify the eligible landless families in the village and to settle land rights to them and no authority at the Tahasil, district or State level can bypass the decision of the Gram SabhaSarkar.

Reminding his(Governor’s) special power in the governance of the scheduled 5th areas under Para5(1) of 5th scheduled, BAA has requested the governor to reconsider the bill under question.

Thus the important prayer made before the Governor are;

a)To send back the recently passed Odisha government Land Grabbing (Prohibition) Bill2015 to the Odisha Legislative Assembly for its reconsideration under the first provisoto Article 200 of Constitution, with a direction to secure its compliance to the provisionsmade under Part-IX and Part IXA of Constitution.

b)To order the State Government to provide land and homestead to the landlesshouseholds in a time bound manner before initiating any evicting process from the public lands under their occupation;

d)To ensure that the above Bill do not apply in the scheduled 5th area of the State violating PESA Act 1996; and

e)Toorder the Govt. of Odisha to make a Regulation for land distribution to all the landless including ScheduledAreas as required under Para (52) of Fifth Schedule.

At the end of the dharara, a delegation team met and urged the Hon’ble Governor to intervene in the matter immediately and not to give his assent to the bill and send back the bill to the Assembly for reconsideration under the first proviso to Article 200 of Constitution.

It is also to be noted that on May 26, 2015 the Government Odisha promulgated Odisha Land Grabbing (Prohibition) Ordinance, 2015 for prohibition of grabbing of land owned by the government, local authority, public institutions, Bhoodan Yagna Samiti and religious or charitable institutions. The ordinance shall be applied to the all land situated within the limits of municipal corporation, municipalities, NAC, Development authorities constituted under the Odisha Development authorities act, 1982, Special planning authorities constituted under the Odisha Town planning and Improvement Trust act 1956 and land belonging to the government adjacent to national Highway and Sate Highway and to such other local authority, as the government may by notification specify.

After promulgation of the ordinance to the passing of the bill in the assembly in the last session, a seriesof protests across the state has been organized challenging it. On 19th August 2015 a joint protest Rally was also organisedat lower PMG, BBSR by these organizations against the Odisha Land Grabbing (Prohibition) Ordinance, 2015.

However, S.C Jamir, the Governor interacting with the delegates of the protest dharana said that he has analyzed all the objections made over the said bill and have sought legal opinion from the laws department. Accordingly, the legal department said to have found no problems in the bill in its present form and very soon the Governor will be finally giving his assent to it.


 




 

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