[That (i.e. the prposed new Act) means governments and businesses do
not need to seek the consent of those who would be uprooted from their
land and livelihood if they can show that the land is being acquired
for national security, defence, rural infrastructure (including
electrification), industrial corridors and housing for the poor,
including Public-Private Partnerships where ownership of land remains
with the government. In fact, beyond paying off the landowners, the
government has little to do. It does not even have to find out how
many lives a project would affect as no one who does not own the land
being acquired would be considered project-affected. There will be no
social impact assessment to figure out these messy details. So the
fate of landless peasants and others dependent on the village economy
centred around agrarian land use can simply be shrugged off.
...
The Gujarat model is basically about the government acting as a land
broker for corporates,” he says. “Take the case of Adani, definitely
the best example of the model at work. The rise and rise of Adani
mirrors Modi’s political trajectory. In the late 1990s, the Adani
Group owned only around 3,000 acres. Now, they own more than 2 lakh
acres. Modi gifted them a major chunk at throwaway prices starting at
1 per sq m.
...
Under Modi’s watch as chief minister, agriculture in Gujarat saw
unprecedented and massive corporatisation, which formed the backdrop
to the much-hyped growth in the state’s agrarian sector and the
violent dispossession of marginal people from the rural economy that
accompanied it.
...
A critical scrutiny of the Modi regime’s treatment of rural India and
its fiscal policies ever since it took power at the Centre clearly
hints that the government is keen to redistribute wealth upwards —
i.e., from the working class and peasants to big business, a classic
case of “class robbery”. No wonder no one expects Modi to dilute his
idea of ‘land reforms’ — epitomised in “land from the tiller” and
“land to the corporates” — which entails snatching most of the small
holdings and commons and turning them in for real-estate speculation.]


http://www.tehelka.com/the-gujarat-model-of-land-grab/?singlepage=1

The Gujarat Model Of Land Grab

As chief minister, Narendra Modi perfected the art of acquiring land
cheap and making the process hassle-free for corporates.

NIDHEESH J VILLATT
2015-07-04 , Issue 27 Volume 12

In her book Ahmedabad, Amrita Shah beautifully describes her encounter
with veteran BJP leader Surendra Patel, popularly known as ‘Kaka’ and
credited with forcing landowners in the rural outskirts to give away
their land for the ‘development’ of Gujarat’s former capital city.
Echoing his leader Prime Minister Narendra Modi, who tries to sell his
pet project — a more aggressive land acquisition law — as something
that would benefit everyone, big business and peasant alike, Kaka
claims that all the land deals done during his tenure as chairman of
the Ahmedabad Urban Development Authority were a “win-win for
everybody”.

Shah writes that Kaka “would try various approaches” to deal “with
those who did not buy his win-win deal”. First, he would try the
“flashing open palm” method, a gesture to signify an intimidating
“request”. If it worked, well and good the farmer loses his land and
the leader gets what he wants. Else, the veteran bjp leader would be
left with no option but to deploy the last resort (he makes a grabbing
gesture to show this). Make no mistake, Kaka means business, which in
this case means land grab — snatching someone’s land against their
will. And, indeed, few would doubt Kaka’s sterling track record in
contributing to the “development” of Gujarat through such means,
i.e.,by hook or by crook. His man Friday Nimish Joshi describes his
success as “Vikase bandhyo vishwas (development-generated trust)”,
writes Shah.

Cut to the near future. An imagined version of it. Imagine Modi has
pushed through the land acquisition Bill, giving big business exactly
what they have been demanding since the erstwhile UPA government
replaced the colonial Land Acquisition Act, 1894, with the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement, 2013.

***That means governments and businesses do not need to seek the
consent of those who would be uprooted from their land and livelihood
if they can show that the land is being acquired for national
security, defence, rural infrastructure (including electrification),
industrial corridors and housing for the poor, including
Public-Private Partnerships where ownership of land remains with the
government. In fact, beyond paying off the landowners, the government
has little to do. It does not even have to find out how many lives a
project would affect as no one who does not own the land being
acquired would be considered project-affected. There will be no social
impact assessment to figure out these messy details. So the fate of
landless peasants and others dependent on the village economy centred
around agrarian land use can simply be shrugged off.*** [Emphasis
added.]

It also does not matter whether the land is fertile or not. The only
thing that counts is the estimated price of land and its value for the
government and big business. In short, it’s back to square one with
the land acquisition law resembling the British-era Act once again and
the Gujarat model of land grab firmly in place through the length and
breadth of the country.

Gujarat-based activist Lalji Desai described this as the “Modani
model”, given how the Adani Group had benefitted immensely from land
deals engineered by Modi on his home turf. Replicating it across the
country — what the contentious land acquisition Bill sought to enable
— has led to unprecedented and massive take over of agricultural and
common land. For instance, more than 7 lakh sq km of agricultural land
— three times the size of England — was snatched from farmers across
six states (Delhi, UP, Haryana, Rajasthan, Gujarat and Maharashtra)
for the Delhi-Mumbai Industrial Corridor, as Vijoo Krishnan, joint
secretary of the All India Kisan Sabha (aiks), had warned when the
Bill was stuck in Parliament.

Even as the acquisition juggernaut rumbles on, organisations such as
aiks within the Bhoomi Adhikar Andolan (Movement for Land Rights) — an
umbrella alliance of people’s movements and farmers’ outfits that
spearheaded the mobilisation against Modi’s land Bill — plan to
“recapture forcibly acquired land”. The new land law did away with
every avenue people had to successfully oppose a project through legal
means before the acquisition of land, forcing them to organise for
taking over the land after it has been acquired from them. With such
movements raging across the country, India seems to be on the cusp of
a civil war of sorts.

No matter how extreme this imaginary situation may sound today, that
seems to be where the country is headed, with the Modi regime leaving
no stone unturned to go ahead with a model of growth that depends on
displacing huge numbers of people dependent on agrarian and allied
occupations and forcing a fundamental shift in urban-rural
demographics. “The Bhoomi Adhikar Andolan is yet to arrive at a formal
consensus on taking up aggressive counter-mobilisation against land
acquisition, including recapturing acquired land, but many of the
constituent organisations, including aiks, are seriously mulling the
idea,” says Krishnan.

Growing militancy within the people’s movements is also reflected in
the tenor of veteran activist Medha Patkar’s recent comments. As
convenor of the National Alliance of People’s Movements (NAPM), a
constituent of the Bhoomi Adhikar Andolan, Patkar tells Tehelka,
“Farmers are committing suicide due to extremely insensitive
agricultural policies. But if Modi regime does not give up on its
ambition to dilute the 2013 law on land acquisition, rehabilitation
and resettlement,then the farmers will force the government to commit
suicide. Because it is a do-or-die situation for farmers and others
who depend on land for their livelihood.”

So, what if farmers and other rural poor risk breaking the law to
resist forcible land acquisition or legalised land grab? No doubt Modi
has proved his mettle in “getting things done” for corporates by
dealing efficiently with people’s resistance to development-induced
displacement in Gujarat. But will he succeed in harnessing the might
of the Indian State to do this across the country?

The government’s unusual decision to re-promulgate the controversial
ordinance for a record third time even as a Joint Parliamentary
Committee (jpc) is yet to finish scrutinising its nuances has sent out
the message that Modi will stop at nothing to impose the Gujarat model
in the rest of the country. Highly placed sources in the jpc have
confirmed that while most farmers’ organisations and people’s
movements vehemently oppose the “anti-farmer” clauses in the
ordinance, representatives of big business such as the Confederation
of Indian Industry (cii) demand more “industryfriendly” provisions,
including reducing the compensation for landowners.

Weeks before Modi was crowned the chief executive of the world’s
largest democracy, the Department of Industrial Policy and Promotion
(DIPP) under the Ministry of Commerce uploaded a report by consultancy
firm Accenture titled ‘Best Practices to Improve the Business
Environment across States/Union Territories in India’ on their
website. Identifying land acquisition as “a major bottle neck in
starting businesses in India, especially for larger firms”, the report
extolled Gujarat’s record in successful and efficient land
acquisition, ranking it over all other states. It also lauded the
Gujarat Industrial Development Corporation’s (GIDC) “model for
land-related intervention as a best practice”.

Who does this “best practice” benefit? Ask Kanubhai Kalsaria, once a
good friend of Modi and three-time BJP MLA from Mahuva Assembly
constituency, and he gives an interesting answer. ***“The Gujarat
model is basically about the government acting as a land broker for
corporates,” he says. “Take the case of Adani, definitely the best
example of the model at work. The rise and rise of Adani mirrors
Modi’s political trajectory. In the late 1990s, the Adani Group owned
only around 3,000 acres. Now, they own more than 2 lakh acres. Modi
gifted them a major chunk at throwaway prices starting at 1 per sq
m.”*** [Emphasis added.] Kalsaria revolted against Modi in 2010 when
the Gujarat government decided to forcibly acquire agricultural land
for homegrown detergent giant Nirma and went on to join the Aam Aadmi
Party (AAP).

Modi’s record as the chief minister of Gujarat bears out Kalsare’s
chosen epithet of “land broker par excellence”. When the man of the
56-inch-chest fame, who would one day become prime minister, was being
hauled over the coals by rival political parties and sections of the
national media for his alleged role in the anti-Muslim pogrom of 2002,
he was busy laying the policy and legal foundations of what critics
would denounce as “corporate land grab”.

Homegrown resistance Farmers opposed land acquisition for a Nirma
detergent plant in Mahuva, Saurashtra
Homegrown resistance Farmers opposed land acquisition for a Nirma
detergent plant in Mahuva, Saurashtra. Photo: Vijay Pandey

The Gujarat Industrial Policy, 2003, widely considered to be Modi’s
brainchild, enabled the government to invoke the “urgency clause” in
the 1894 Land Acquisition Act “in deserving cases of public or private
limited companies to facilitate quicker possession of land for
industrial purposes”. That very year, Modi introduced changes in land
laws to facilitate the sale of agricultural land for commercial
purposes.

Until then it was illegal to sell or mortgage land that had been
distributed to farmers as part of “land reforms”. Known as “new
tenure” land, they were set apart from “old tenure” land, which could
be bought and sold. Modi’s intervention changed the law to allow easy
conversion of “new tenure” land to “old tenure”.

This was followed by a government resolution in 2005, which came with
provisions to privatise guachar (pastoral) land, which until then used
to be part of village commons that every villager could access and use
but no one could own. Privatisation of pastoral land has posed serious
challenges to the livestock economy.

Activists also draw attention to the Gujarat Drainage and Irrigation
Act, 2013, which restricts water use by farmers but gives enough
concessions to industry. In effect, it provides eminent domain rights
landon water resources to the government by snatching the traditional
rights enjoyed by the agrarian classes.

In her study on “liberalisation and land in Gujarat”, Oxford scholar
Nikita Sud writes that Modi’s tenure as chief minister was marked by a
strange mix of legal and “business-friendly extra-legal role” of State
institutions in “facilitating land transfers to private players”.
Besides liberalising land policies, the Modi government also amended
the Gujarat Infrastructure Development Act, which helped the regime’s
favoured companies to bypass tender procedures and acquire land
smoothly for certain types of projects.

Based on her intensive interviews with senior bureaucrats, Sud points
out that major players in State institutions also recommended private
investors to employ retired or serving officials of the land revenue
department so as to facilitate smooth transfer of land and then
convert the transferred land illegally to non-agricultural status.
“The nexus of land conversion goes to the top of the bureaucratic and
political pyramids, with different layers of the State taking a fixed
cut, for each square foot of land,” she writes. In demonstrating
Modi’s penchant for land brokering, Sud also documents her
conversation with the CEO of a private firm, who said, “The Chief
Minister’s Office (CMO) and its boss will apparently remove all
hurdles in attaining land, even if it means skirting around official
procedure.”

Sagar Rabari, convenor of Jameen Adhikar Andolan (Land Rights
Movement), which mobilises people against land acquisition in Gujarat,
confirms Sud’s findings. “The land acquisition model in Gujarat cannot
be seen separately from Modi’s larger authoritarian politics,” says
Rabari. “Brute force was used to suppress farmers’ resistance against
land acquisition for the Maruti Suzuki factory at Hansalpur village
near Ahmedabad. Whenever people protest against land acquisition, the
police are keen to invoke Section 144 of the Criminal Procedure Code.
Modi was infamous for bypassing the legislature and showcasing the
executive’s authoritarian power. Most of the policy decisions on land
were not debated in the Assembly.”

There are several telling examples of Modi’s penchant for ordinances
related to land policy. An apt case would be the January 2009
ordinance on Special Investment Region (sir). The size of an sir in
Gujarat varies from 10,000 hectares to 92,000 hectares. The ordinance
became an Act despite drawing flak from several quarters. The major
criticism was that the government was artfully extending the Gujarat
Town Planning Act to the rural areas through the Act. As per the sir
Act, the government can acquire the entire land in an sir for
developing infrastructure alone. After developing the land, the
government can hold on to up to 50 percent of the area and return the
rest to the original owner.

To put it simply, if the government takes 10 acres from a farmer, she
would get only five acres back after the land is developed. “In
several cases, the farmers are not returned the land that was acquired
from them but allotted alternative plots in faraway, remote places. In
the name of industrialisation, the State offers greenfield sites to
neoliberal capital,” says Rabari, recalling his experience from the
struggle against the Dholera sir. “Because of intense opposition from
villagers, the bjp regime was forced to cancel three sirs,” says Lalji
Desai, another activist involved in rural mobilisations against sirs.

“The Gujarat government acts as a khap panchayat when it comes to land
acquisition. Every brutality is justified in the name of Gujarati
pride,” says Mahesh Pandya, convenor of Gujarat Social Watch. On
whether there is truth in widespread allegations that many bjp leaders
act as brokers and middlemen in all land deals, Pandya says, “They get
to know in advance from sources inside the government if a land
project is coming up and make quite a killing.”

***Under Modi’s watch as chief minister, agriculture in Gujarat saw
unprecedented and massive corporatisation, which formed the backdrop
to the much-hyped growth in the state’s agrarian sector and the
violent dispossession of marginal people from the rural economy that
accompanied it.*** [Emphasis added.]

Atul Sood of New Delhi’s Jawaharlal Nehru University found that “the
average size of marginal holdings is becoming smaller in the state
compared to the national average and large farmers (owning more than
20 hectares) are gaining in terms of area”. This trend indicates
distress sale of land by small and marginal farmers who can no longer
afford the exorbitant input costs. Input costs like electricity tariff
for agriculture in Gujarat are relatively high compared to the
national average. There is ample evidence that landlessness is rising
among smallholder Dalits and in Adivasi areas such as Dahod, Dangs and
Panchmahal. Enclosure of commons as private property is further
accelerating the marginalisation of landless people who historically
relied on the commons to partly make up for the economic deprivation
implicit in their place in the agrarian social structure.

Taking on the deluge of criticism directed at Modi’s agrarian vision,
policy and practice, RSS ideologue and Bharatiya Kisan Sangh (BKS)
national secretary Mohini Mohan Mishra tells Tehelka, “A lot of
misinformation is being spread against the BJP regime in Gujarat. That
is happening even though the official statistics on growth prove that
Modi has revolutionised agriculture in Gujarat.”

***A critical scrutiny of the Modi regime’s treatment of rural India
and its fiscal policies ever since it took power at the Centre clearly
hints that the government is keen to redistribute wealth upwards —
i.e., from the working class and peasants to big business, a classic
case of “class robbery”. No wonder no one expects Modi to dilute his
idea of ‘land reforms’ — epitomised in “land from the tiller” and
“land to the corporates” — which entails snatching most of the small
holdings and commons and turning them in for real-estate
speculation.*** [Emphasis added.]

To achieve this, Modi need to hardsell his vision as a “win-win” game
to the farmers. The entire bjp party machine is trying to do exactly
that. The government successfully convinced the bks to dilute its
position on the consent clause, among others. Some Opposition members
in the jpc tell Tehelka that some of their overenthusiastic committee
colleagues from the bjp have been trying to convince the farmers about
the “positive side” of Modi’s amendments to the upa’s land Act, such
as more compensation.

It won’t be easy, though, for Modi to have his way. The Indian farmer
seems to be aware of the changing political economy of the land market
and the huge difference between the price of the land they sell and
its potential selling price once it is developed as real estate. For
instance, John Hopkins University sociologist Michael Levin used rti
inquiries to compute this differential in the Mahindra World City SEZ
in Rajasthan, where land was forcibly acquired by the bjp government.
Based on 2011 prices, the developer made a startling profit of 2.5
crore per acre. Besides, lack of livelihood options outside
agriculture under the current jobless growth model also makes farmers
unwilling to part with their land.

Modi has always boasted of being a true swayamsevak, a volunteer of
the Rashtriya Swayamsevak Sangh (RSS). But his regime’s vision is not
at all in sync with the Sangh’s declared position on agriculture, as
depicted in the bks motto “Krishi Mit Krishaswa” — a Rigvedic mantra
that means, “Don’t gamble, do farming and live graciously on its
earnings.” Modi is doing the exact opposite: he is gambling with other
people’s land and driving out small and marginal farmers from the
source of their livelihood. So, what will the RSS do with Modi in the
saddle?

[email protected]
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Peace Is Doable

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