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P LANNING P ARADIGM
major provisions under the National For-
est Policy 1988 such as Sections 2.1, 2.2,
3.1, 3.2, 3.4, 3.5, 4.3, 4.4, 4.6, and 4.9. 69
Similarly in Scheduled Areas all provi-
sions with regards to the provisions under
the Panchayat Raj Act are clearly violated.
In Section 4 (a) it clearly states, “a state
legislation on the panchayats that may be
made shall be in consonance with the cus-
tomary law, social, and religious practices
and traditional management practices of
community resource”. Further Section 4
(b) says, “every gram sahbha shall be competent
to safeguard and preserve the traditions
and customs of the people, their cultural
identity, community resources and the
customary mode of dispute resolution” 70 .
The Scheduled Area Act or the Panchayat
Extension to Scheduled Area Act
(PESA) is one powerful weapon in fi ght-
158 THE IIPM THINK TANK
ing unjust mining. Gross irregularity and
corruption in granting the mining lease
are involved.
In Chhattisgarh there is a specifi c provision
holding back the transfer of Adivasi
land to non Adivasis under section 170-B
of the Land Revenue Code. 71 This again
is not a national policy barring the transfer
of Adivasi land to non-Adivasis. In addition
to this land could be taken away via
land acquisition in the name of National
Development.
g. Absence of Resettlement and Rehabili-
tation Policy
Though the inception of planned economic
development brought in a lot of
infrastructure projects, they have also
displaced a number of people. Yet there
is the absence of a proper national reset-
tlement and rehabilitation policy. Neither
at the national level nor at the state
level there exist any specifi c legislation
for rehabilitation of the project oustees,
particularly in those areas where the land
settlement hasn’t been executed in accordance
with the traditional land holding
patterns among Adivasis. Hence
there is diffi culty in claiming rehabilitation
as a matter of constitutional rights
after displaced. Although there are certain
policies stands against people’s aspiration.
In fact this very policy undermines
the possibility of Adivais rights in
many ways.
Planning and Commissioning:
India on Sale!
From the above, there is no doubt that
mining has in no way benefi ted the people.