Can government give land to private companies for private purpose?
2 years ago
I came across a problem where a state government has permitted a private company to acquire a forest land for the construction of a brewery. The said forest was the home of a scheduled tribe. Although they are resettled and compensation is provided, but the resettled area is unfit for livelihood and the compensation is meagre. Plus, due to the industrialisation in the said forest, the water levelbecame alarmingly poor. Is the government justified in permitting the private company to industrialize despite exploiting the tribe and affecting the water level?
A.Dear Client,
Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 provides for diversion of forest land for public utility facilities managed by the Government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas. Hence, the consent of the Gram Sabha is necessary and if it the schedule tribe has been resettled at another place without the consent of Gram Sabha in that area then the Government is not justified in this case.
Hope this clarifies your query and requirement.
Thank you.
Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 provides for diversion of forest land for public utility facilities managed by the Government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas. Hence, the consent of the Gram Sabha is necessary and if it the schedule tribe has been resettled at another place without the consent of Gram Sabha in that area then the Government is not justified in this case.
Hope this clarifies your query and requirement.
Thank you.
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