In a landmark resolution on Thursday, the Tribal Advisory Council (TAC) recommended abrogating the norm of awarding compensation under the CNT Act in lieu of tribal land to a non-tribal to settle title issues and also causing transfer of such lands in exchange of money, instead of closing down the Schedule Area Regulatory (SAR) courts altogether.
The compensation for land practices was opposed amid accusations of these actions becoming precedents over time to transfer adivasi land.
Incidentally, Chief Minister Raghubar Das had recently asked the land revenue department officials to take steps for closing down the SAR courts ‘within a week’.
The TAC advised two other changes of significance for the tribal community of Jharkhand and performed a balancing act between contentious land settlement procedures and development issues.
While presiding over the 16th meeting of TAC, the Chief Minister stressed on conceiving ideas of inclusive growth without tweaking the very idea of Jharkhand. The Council’s meeting was attended by Minister, Social Welfare, louis Marandi; Chief Secretary, Rajiv Gauba; MlAs and nominated members.
“We need to take strides forward in changing world. People of rural areas have a right to dignified living and we need to contemplate on how to march ahead with inclusive growth without disturbing the core values of Jharkhand,” said Das.
Das expressed that the compensation provision has been used wrongly to transfer lands illegally. The recommendation once approved will apply brakes on land transfer even as special provisions would be made for cases pending with Schedule Area Regulatory (SAR) courts.Notably, around 4219 compensation cases are pending with SAR courts in various parts of Jharkhand of which more than 87 per cent cases are pending with SAR court at Ranchi which will soon have two additional posts of SAR officials for one year tenure to dispose- of cases expeditiously.
“This means that the transfer of land would cease with immediate effect. Compensation had become a means of changing ownership wrongfully. This will make tribal non-transferable and would curb exploitation of adivasis who lose their property to land sharks,” added TAC member, Ratan Tirkey.
The council also suggested inserting provisions to allow use of agricultural land falling in schedule areas for non-agricultural purposes which would provide additional revenue to the State government.
Significantly, the council attempted to strike a balance between projects of public importance and land protected from acquisition by Chotanagpur Tenancy Act. The council proposed relaxing Section 49 of CNT Act and easing rules for acquiring land for projects related to railway, road, electricity, canals, schools, hospitals and Aanganwadi centres.
The TAC asserted more scope for itself in matters of land transfer under Section 49 of the Act and recommended that it should be authorised to look into land transfer exercise for developing basis infrastructure in schedule areas.