Tribal people seek cancellation of e-tender notification issued for calcite mining

The Hindu | June 01, 2021
‘No resolution was passed on the issue in grama sabha’
The tribal people of Nimmalapadu, Karakavalasa and Rallagaruvu villages of Anantagiri mandal in the district have appealed the to the Vice-Chairman and Managing Director of AP Mineral Development Corporation (APMDC) to cancel the e-tender notification for calcite mining at Nimmalapadu issued by the APMDC without a resolution by the ‘gram sabha.’

Referring to the e-tender notification issued by the APMDC in a Telugu daily on May 19, 2021, they noted in a memorandum to the VC and MD, that they had been cultivating lands for the past several years on the land proposed to be mined for calcite. They recalled that they had opposed the calcite mining proposal by Birla company in the past by approaching the Supreme Court and sought protection of their lands under the Samata Judgment.

The Samata Judgment clearly states that the right of local resources is vested with the ‘gram sabha’ under the the Panchayats (Extension to Scheduled Areas) Act (PESA Act). Any business done in the Agency areas, should have prior approval of the ‘gram sabha’, failing which it would be considered a violation of the Constitution. As calcite is a mineral, mining should invariably have the approval of the ‘gram sabha.’

They noted that neither a ‘gram sabha’ was held on the issue nor a resolution passed in this regard. The Fifth Schedule of the Constitution says that tribal people alone would have the right over local resources. When that was the case, they wondered as to how the APMDC could issue the e-tender notification that too during the COVID-19 crisis and the curfew imposed by the government.

Administrator’s laws put Lakshadweep in the middle of nowhere

The Federal | May 26, 2021

Take a close look at what he has proposed in the name of development – a larger picture being communally polarized in a small tribal territory

Lakshadweep’s new Administrator Praful Khoda Patel’s draft proposals have drawn huge public outcry with many criticizing them as a product of a communal agenda against the majority Muslim population in the island with an intention to tarnish their culture and tradition. A reading of the proposed laws brings out a larger picture that has multiple objectives aimed at creating polarisation in the guise of development.

Here are the proposed laws in chronological order:

The Goonda Act (January 28, 2021): The draft law named as a The Lakshadweep Prevention of Anti-social Activities Prevention 2021 which is colloquially known as ‘Goonda Act’ provides arbitrary powers to the Administrator of the island. It empowers the police to detain a person for seven days without giving him the opportunity to represent before a court of law.

“It is meant to terrorize people and prevent protests. Goonda Act is the beginning of their saffronisation project in the island,” says Mohammad Faizal, MP from Lakshadweep, while talking to The Federal. He alleged the Administrator was trying to impose authoritarian rule in the island.

Under this law, several offences under IPC which are bailable and those amounting to punishment of less than three years are included. The law empowers the police to keep any person in detention even if there is an apprehension that he may commit an offence causing harm to public interest.

As per this proposed law, a “cruel person” and a “dangerous person” can be taken into custody on the grounds which appear satisfactory to the authority under the Administrator. Section 2 of the draft law defines “cruel person” as one who violates or intends to violate the ‘Prevention of Cruelty to Animals Act of 1960’.

A dangerous person is defined as one who commits a range of offences such as theft, unlawful assembly, mischief, criminal intimidation, breach of trust, criminal trespass and misconduct by a drunken person in public. In addition, the proposed Goonda Act creates a new category of offence as ‘property grabber’. Section 2(O) of the draft law defines ‘property grabber’ as one who illegally takes possession of land belonging to the government or local authorities.

Several of these offences listed in the draft law are bailable; even non-cognizable which attract punishment for less than three years or six months or fine. The offences like ‘unlawful assembly’ are often used against protesters who gather for any social or political cause.

Under the proposed ‘Goonda Act’ any person can be detained even before committing any offence on the grounds that there was reasonable apprehension of his committing any of the offences. The person can be kept in custody without even being informed the reasons for his arrest for seven days.

Lakshadweep Town & Country Planning Regulation 2021 (April 28, 2021): The law proposes formation of a development authority which is to be empowered to notify any area of land classifying into any of the four categories as ‘residential, commercial, agricultural and industrial’.

In the guise of development, the authority is empowered to acquire any land notified under the Land Acquisition Act of 2013. Under this law, the government is entitled to declare any land as planning area by notification.

According to Section 35 of the draft law, the people — owners of the notified land — have to seek approval of the town planning authority for any ‘change of use’ of the land. This includes even the alteration of houses in the exterior. The permission is granted only for three years which has to be renewed; failure or delay in renewal will lead to a fine of up to ₹ 2 lakh (section 37). “This literally takes away one’s right over one’s land,” says Advocate Rohit, a lawyer at the Kerala High Court who handles law suits in Lakshadweep as well.

Rohit argues that the new law is brought to overrule the land rights entitled to the tribal community in Lakshadweep by the Land Revenue and Tenancy Regulation Act of 1965 pertaining to Lakshadweep and Minicoy islands. (Only revenue land can be used for any development activity by the government according to this Act).

“Lakshadweep, a tribal majority Union Territory with a 94.8 per cent tribal population should enjoy protection under Article 244 of the Constitution as it is notified as a scheduled area under the Fifth Schedule and PESA Act of 1996,” says C.R. Bijoy, an expert on land rights.

Besides, the authority of town planning is vested in the local bodies according to 73rd Amendment of the Constitution.

Notification for the transfer of powers from the PRIs to the Administrator (May 5, 2021): Many say the notification has close links to the proposed law for creating an authority to have the powers to take over the land. The notification transfers the entire establishments of agriculture, fisheries, animal husbandry, health and education with immediate effect to the hands of the Administrator. The order explains that the transfer of powers to the PRIs in 2012 ‘had overburdened the PRIs which caused an adverse impact upon the efficiency of the execution of schemes’ which is cited as the reason for this current decision.

The proposed beef ban, omission of meat from the noon meal and the lifting of liquor ban in the name of tourism are widely criticized as provocative steps challenging their culture, tradition and religious practices.

The creation of a new category of offence as ‘property grabber’ and bringing the same under Gunda Act, the suppression of fundamental rights, the introduction of a law that empowers the authorities to acquire any land for development and the shifting of powers from the PRIs to the Administrator set the alarm bells ringing for the people of the island.

Polavaram Project gets one third of irrigation outlay

The New Indian Express | May 21, 2021

In 2020-21, the budge estimate was Rs 4,804 crore and the revised estimate at end of the fiscal stood at Rs 1,328 crore.

VIJAYAWADA: With focus on completion of Polavaram Irrigation Project (PIP) and other projects under ‘Jalayagnam’, the state government has earmarked Rs 13,237.78 crore for the water resources department in the budget-2021-22 presented on Thursday. While the allocation is 12.1 per cent higher than last year, it remains to be seen how much would be actually utilised as 2020-21’s revised estimate showed utilisation of only Rs 5,238 crore out of Rs 11,805 crore.

In fact, the revised estimates of 2020-21, Rs 5,238 crore, are slightly lower than the 2019-20 account of Rs 5,335 crore as well.Like in FY 20-21, Polavaram project has been allotted over a third of the total outlay. About Rs 4,801 crore has been allocated for the national project, especially for land acquisition, rehabilitation and resettlement (LARR) components. In 2020-21, the budge estimate was Rs 4,804 crore and the revised estimate at end of the fiscal stood at Rs 1,328 crore.

Project works in Ongole irrigation circle including Rallapadu , Veligonda, Gundlakamma and others have been earmarked about Rs 1,685 crore, while those in Anantapur including Handri Neeva Sujala Sravanti, Tungabhadra Project High Level Canal stage and others were allocated Rs 1,042 crore.

The projects in Krishna Delta and Godavari delta systems, North coastal districts (Vamsadhara, Thotapalli and others), NTR Telugu Ganga, Kadapa (Rayalaseema Drought Mitigation Project), Kurnool district, and Tungabhadra board were allotted Rs 800 crore, Rs 752 crore, Rs 650 crore, Rs 502 crore, Rs 258 crore, and Rs 160 crore, respectively.

“The government has taken up 54 Jalayagnam projects out of which 14 have been completed. On completion of the remaining 40 projects, 27.62 lakh acres of new irrigation potential under major and medium irrigation will be created and 5.03 lakh acres of ayacut will be stabilised.

Through Jalayagnam, the government is committed to improve water availability for irrigation, thereby attaining sustainable development goal (SDG) 9 — build resilient infrastructure, promote inclusive and sustainable industrialisation and foster innovation and SDG 2 — end hunger, achieve food security and improve nutrition and promote sustainable agriculture,” Rajendranath Reddy said.

All projects to be completed in 2020-21

The finance minister revealed the progress made in various irrigation projects. BRR Vamsadhara project has achieved 86 per cent progress. Other major projects being implemented include interlinking of Vamsadhara and Nagavali rivers,Poola Subbaiah Veligonda Phase – I, , Owk right tunnel, HNSS. “Majority of works of these projects have been completed and the balance would be completed in 2021-22,” he averred.

Two firms bid for additional works of Polavaram Irrigation Project

The New Indian Express | May 19, 2021

The technical evaluation of the bids will be done on Wednesday, followed by commercial/financial evaluation on Wednesday before going for reverse tendering, the officials said.

VIJAYAWADA: Two firms have filed bids for the additional head works of Polavaram Irrigation Project (PIP) in the second call given by the water resources government earlier this month.

The technical evaluation of the bids will be done on Wednesday, followed by commercial/financial evaluation on Wednesday before going for reverse tendering, the officials said.

According to information, Megha Engineering and Infrastructures Ltd (MEIL), which is already executing the head works, is one of the two companies that filed the bids for the additional works.

“Two companies have submitted the bids before the deadline on Tuesday and we will evaluate them on Wednesday. The qualified bids will be considered for financial evaluation, followed by reverse auctioning, with qualified bidders, on Friday,” a senior official from the water resources department said. The estimated value of the works is Rs 683 crore.

For the record, the water resources department had invited tenders last month for the additional works, but later decided to re-invite the bids as the bids filed by two companies that participated in the process had issues. Subsequently, a second call was given and time was given till Tuesday to file the bids.

It is learnt that the department wanted to award works to the existing contractor on nomination basis to ensure momentum in the pace of works as change in an agency would again involve logistic management.

​However, the department sent the bids for judicial preview and floated the tender after the government decided to go for bidding.

The additional head works include investigation, survey, preparation of designs and construction of RCC diaphragm wall end cut-off for spill channel, vibro stone columns and others.

Reverse tendering

The technical evaluation of the bids will be done on Wednesday, followed by commercial evaluation on Wednesday before going for reverse tendering.

Tribals in Telangana flag illegal constructions in Agency areas

The New Indian Express | May 19, 2021

Leaders of the Adivasi Hakulla Porata Samithi (Tudum Debba) and other activists have been strongly opposing these constructions.

ADILABAD: Tribals protested in front of the Adilabad District Collector’s office here on Tuesday, demanding action against those developing illegal layouts in Agency areas. Multi-storeyed buildings have come up on many of these illegal layouts, some even on government lands, violating the PESA Act.

Leaders of the Adivasi Hakulla Porata Samithi (Tudum Debba) and other activists have been strongly opposing these constructions.

They submitted a memorandum to the district panchayat officer to take action on people responsible for illegal constructions. Adivasi Hakkula Porata Samithi district president Godam Ganesh said that the Commissioner of Panchayat Raj Department had given directions to each district and panchayat secretary to protect Agency lands.

The government is also taking other steps to curb land encroachment in these areas. The State is enforcing the LTR 1/70 Act in the Agency areas and orders have been issued to take action in accordance with the provisions of Regulation 1/70, LTR.

Apart from this, the government has made it clear that authorities should demolish illegal structures without giving any notice to the owner.

The Land Change Regulation Act, 1959 and the Land Change Prohibition Act, 1/70 are in force in the Agency areas, which prohibit buying and selling of land among non-tribals.

​However, mandal level officials and village level panchayat officials have neglected to implement these acts. Illegal layouts and constructions have taken place in Ichoda, Gudihathnur, Indravelli, Narnoor, Jainoor, Gadiguda, Utnoor, etc.

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