Archives

Home / Humanities & Law / Humanities & Social Science / Archives / 2015 Volume 2 No.2 / ISSUES ASSOCIATED WITH THE RHABILITATION & RESETTLEMENT (R&R) OF THE PEOPLE RESIDING IN DAL-NAGEEN LAKE, SRINAGAR, JAMMU & KASHMIR

ISSUES ASSOCIATED WITH THE RHABILITATION & RESETTLEMENT (R&R) OF THE PEOPLE RESIDING IN DAL-NAGEEN LAKE, SRINAGAR, JAMMU & KASHMIR

Abstract

Dal-Nageen lakes are known as a tourist attraction and it also provides drinking water, fish and vegetables and recreational opportunities to the local population. Lake dwellers have legal proprietary rights over the land inside the Lake. The lake dwellers have been part and parcel of the lake ecosystem and have consequently caused certain stress on the lake ecosystem with their growing population. The Hamlets on which they reside within the lake have been discharging uncontrolled and untreated liquid and solid waste into the lake which has caused pollution and subsequent degradation. The tendency of conversion of floating gardens into solid land masses by dumping mud and weed from the lake on to the floating gardens has resulted in solid land masses prone to further encroachment by the lake dwellers. Various studies have been conducted by the Government agencies, private organisations and civil societies which have advocated for the conservation of lake through R&R of the lake dwellers, apart from other measures for conservation. The present paper discusses the requirement for rehabilitation and resettlement of lake dwellers, arrangement of funds to support R&R, problems in the implementation of R&R project with suggestions for better implementation R&R project.

Background:

Dal-Nageen Lake has been an epitome of the Kashmiri Civilization from times immemorial. Dal Lake is a large shallow urban, hyper eutrophic lake situated within Srinagar city of Jammu & Kashmir. The lake is known as a tourist attraction and it also provides drinking water, fish and vegetables and recreational opportunities to the local population. The lake is divided into three basins (1) Hazratbal (northern basin), (2) Bod-Dal (southern basin), and (3) Nigeen (western basin). Large areas of the lake are covered by floating gardens, which are land masses used for vegetable cultivation. The lake is having an area of about 25 sq. km, which is comprised of open water area, floating garden, built-up land masses with human settlements, houseboat areas etc.

Floating gardens of the Dal Lake according to Lawrence (1895) resemble the ‘Chinampas’ of old Mexico. The floating gardens produce fruit and vegetables, which are supplied to the city of Srinagar, contributing towards fulfilling the part demand of vegetables for the city populace. The Dal Lake has a large number of floating gardens formed by anchoring lumps of weed with poplar and willow saplings pushed into the lakebed. The initial floating garden is used to grow melons and other produce. With constant layers of additional weed, the floating gardens slowly solidify and in many areas of the lake have been transformed into dry land several feet above the lake surface. The lands are fertile and productive and can produce upto four crops per annum. The lake dwellers hold about 3 sq. km of dry land and about 6 sq. km of water surface in private title in revenue books.

The dwellers who have settled in the Dal lake areas form part of the history of the lake. Walter. R. Lawrence reports in the book: “The Valley of Kashmir” that the half amphibious dwellers on the Dal lake practised cultivation on floating gardens and demb lands in late 19^th century and had property rights on the marsh land and related water channels. Their main occupation was to collect wild products of Dal lake and grow vegetables for the city consumption. They were registered as tennents and revenue was collected daily from them by the state administration. The cultivators of the Dal lake were called Mir Behris. In due course the number of dwellers has been continuously growing and the families have got extended and the occupations have diversified. The lake dwellers have been part and parcel of the lake ecosystem and have consequently caused certain stress on the lake ecosystem. The Hamlets on which they reside within the lake have been discharging since ages uncontrolled and untreated liquid and solid waste into the lake which has caused its pollution and subsequent degradation. The floating gardens of the lake have been extended resulting in narrowing of the water ways and reduction in the clear water expanse. The tendency of conversion of floating gardens into solid land masses by dumping mud and weed from the lake on to the floating gardens has resulted in solid land masses prone to further encroachment by the lake dwellers. Various studies have been conducted by the Government agencies, private organisations and civil societies which have advocated for the conservation of lake through R&R of the lake dwellers, apart from other measures for conservation.

The present paper discusses the requirement for rehabilitation and resettlement of Dal dwellers and the arrangement of funds to support the project for the conservation of historical Dal Lake in Srinagar. The rest of the paper is structured as follows. Section 1 describes the issues associated with the rehabilitation and resettlement policies, requirement for R&R of Dal-Nigeen lake dwellers. Section 2 discusses the Central Government’s assistance for the rehabilitation and resettlement project and problems faced in the implementation of said project. The last section concludes with an analysis of the lessons drawn from the experience of this project and suggestion for better implementation of these kind of projects.

Rehabilitation and Resettlement (R&R) Policies:

Provision of public facilities or infrastructure often requires the exercise of legal powers by the state under the principle of eminent domain for acquisition of private property, leading to involuntary displacement of people, depriving them of their land, livelihood and shelter; restricting their access to traditional resource base, and uprooting them from their socio-cultural environment. These have traumatic, psychological and socio-cultural consequences on the affected population which call for protecting their rights, in particular of the weaker sections of the society including members of the Scheduled Castes, Scheduled Tribes, marginal farmers and women. Involuntary displacement of people may be caused by other factors also.

There is imperative need to recognise rehabilitation and resettlement issues as intrinsic to the development process formulated with the active participation of the affected persons, rather than as externally-imposed requirements. Additional benefits beyond monetary compensation have to be provided to the families affected adversely by involuntary displacement. The plight of those who do not have legal or recognised rights over the land on which they are critically dependent for their subsistence is even worse. This calls for a broader concerted effort on the part of the planners to include in the displacement, rehabilitation and resettlement process framework not only those who directly lose land and other assets but also those who are affected by such acquisition of assets. The displacement process often poses problems that make it difficult for the affected persons to continue their earlier livelihood activities after resettlement. This requires a careful assessment of the economic disadvantages and social impact of displacement. There must also be a holistic effort aimed at improving the all round living standards of the affected people (NRRP: 2007).

Keeping in view of the above fact, a National Policy on Resettlement and Rehabilitation (R&R) for Project Affected Families was formulated in 2003 which was reviewed and new National Rehabilitation and Resettlement Policy (NRRP), 2007 was enacted with the view to address the concern of the people affected in R&R. The provisions of the NRRP-2007 provide for the basic minimum requirements, and all projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit than those prescribed in the NRRP-2007. The principles of this policy may also apply to the R&R of persons involuntarily displaced permanently due to any other reason.

Resettlement & Rehabilitation of the displaced families, as a matter of fact, means Income Restoration Strategy Planning. Instruments viz., the Land Acquisition Act 1894 (as amended 1984), the Coal Bearing area (Acquisition & Development Act 1957), the Land Acquisition (Companies) Rules 1969, the Requisitioning and Acquisition of Immovable Property Act 1952, the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act 1962, Indian Electricity Act 1910, Damodar Valley Corporation Act 1948, Ancient Monument Preservation Act 1904, Atomic Energy Act 1962, State Acquisition of Lands for Union Purposes Act 1954 (Act 23 of 1954), Indian Railways Act 1980 etc., as existing in the country for acquisition of affected land & property, unfortunately, none of these has made provisions for payment of compensation in kind, or providing means of livelihood, or income restoration strategy in lieu of acquisition of land & property resulting in loss of profession either to land & property owners, or landless, or encroachers, or anyone who is to be displaced.

There is deepening public concern on land acquisition issues in India. Despite many amendments, over the years, to India's Land Acquisition Act of 1894, the public concern of fair compensation, rehabilitation and livelihoods have not been adequately addressed. It was felt that a combined law was necessary, one that legally requires rehabilitation and resettlement necessarily and simultaneously follow government acquisition of land for public purposes. Considering the necessity of transparent legislation in acquisition and proper compensation ‘the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013)’ was enacted. The Act replaced the 120-year-old law enacted during British rule.

This Act regulates land acquisition and lays down the procedures and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. This Act was passed by the Lok Sabha in August 2013 during the tenure of the United Progressive Alliance (UPA) government and became effective on 1 January 2014. The National Democratic Alliance (NDA) government made certain amendments to the act and an ordinance was promulgated in December 2014. Later, a bill giving effect to these changes was approved by the Lok Sabha in March 2015 with some changes but was not put to vote in the Rajya Sabha. This was then promulgated for the second time as an ordinance in April 2015. Now, this act has become a bone of contention in the Parliament. The amendment proposed by the newly elected NDA Government in Land Acquisition Act, 2013 is being widely debated at various forums. The Land Acquisition Act, 2013, proposed amendments and ordinance in respect of amendment act will require detailed study and discussion which is not the scope of this paper. However, I have highlighted some basic concept of R&R policies in India.

Requirement for R&R of Dal-Nigeen Lake Dwellers:

Dal lake is one of the main source of attraction for tourists and is main source of economy for the people in its catchment area. During the course of time, this lake has shrunk to a great extent due to encroachments. Further the discharge of effluents, sewage, sediments and other nutrients has made this lake eutrophic (nutrient rich), which in turn decreases the oxygen supply of lake and ultimately causing its death. Grave concern is being voiced by police from different walks of life over the deteriorating conditions of Dal Lake (Khan 2015: 462). Man's quest for rapid material development, even at the cost of destruction of the fragile, but very vital eco-system is the cause of our present day environmental problem. This ecological misbehaviour of man, though leading to some progress in the living standards of modern man, is not sustainable over long terms. Human settlements within and on the periphery of lake are one of the main contributing factors for the environmental deterioration of the lake.

Identifying the major issues which causes deterioration of the lake eco-system, a Detailed Project Report (DPR) for conservation and management of Dal Lake was prepared by Alternate Hydro Energy Centre (AHEC), Indian Institute of Technology (IIT), Roorkee in 2000, which has the objective of achieving environment compatibility, cost effectiveness and sustainability, ecological improvement with minimum interventions and displacement and balancing the conflicts of interest. As part of the preparation of DPR, a survey was conducted in 1999 which highlighted following general facts about the inhabitants living either on the lake or on its immediate periphery, whose activities have an impact on the health of the lake, were identified which is under:

Table-1

Features	Index	Unit (No. of Families)
Population	(I) No. of Households (defined as people sharing a Choola) (ii) No. of Extended families (defined as family living in the same house but not sharing a Choola). (iii) Population	6415 Choolas 4141 families 39595 persons
Structures (House/Homestead)	(i) Dunga Boat Owner (ii) House Boat Owner (iii) House (Hut) (iv) Pacca House	320 families 758 families 3009 families 3928 families
	(v) Total	8015 families
Land & Water area owned and cultivated	(i) No.of land owners (ii) Total area owned (iii) Total area cultivated (iv) Total water area owned	3171 families 868.64 hectares 309.99 hectares 465.80 hectares
Dependency on lake for earning	(i) Earn of lake (ii) Earn of other sources (iii) Others from lake	7355 families 7341 families 376 families

Source: DPR for Conservation and Management of Dal Lake, AHEC, IIT, Roorkee, 2000

As per the information provided in the detailed project report for the Conservation and Management of Dal-Nageen Lakes, total population living in Dal lake was around 40,000 in the year 2000. Similarly, Nageen Lake has a population of 2950 (2006). After the Socio-Economic Survey (SES) of 1986, Government has placed a moratorium on fresh construction in the lake and the area was notified for acquisition. The number of structures in 58 hamlets was 2532 in 1986 with a population of 6000 (SES:1986). Now, about 7500 people lives within the house boats and an equal number outside this area in other boats. The total population living within the outer catchments of Dal Lake has been estimated at 1,78,000. There has been a substantial population growth of the people living in the Lake area also. The number of people living in the hamlets within the Dal Lake is estimated to be about 50,000 comprising 6000 families (Khan 2015: 464). Due to population explosion and the rapid rate of urbanization the pressure on the lake and its surroundings has increased alarmingly. In 1950 the lake area was at 21.00 Sq. Kms which has shrunk to 11.25 Sq. Kms mainly on account of the encroachment, growth of settlements, Radhs and landmasses within the lake. Preservation of Dal Lake is seminal for the survival of Srinagar as the city of lakes with pristine environment.

IIT, Roorkee in the DPR had proposed various interventions such as Catchment Management Plan, Sewerage and Sewage Treatment, Solid Waste Management, Hydrology Works, Dredging and Deweeding and Resettlement & Rehabilitation (R&R) Plan for conservation and management of Dal Lake. R&R Plan for Lake Dwellers considered as one of the most important steps for ensuring the lake preservation. Under R&R Plan five options for shifting of the lake dwellers were suggested keeping in view the socio-economic and other circumstances. The choice is between full removal and partial removal. Full removal of lake-dwellers does not seem to be a practical option. While the larger objective may be to shift a major proportion of the population keeping in view the following criteria:

Choosing hamlets, which cause greater pollution/degradation or need to be vacated for aesthetic considerations.
Identifying the families willing to shift and making arrangements for them only.
Determining and securing the resources required like finances, residential plots and agricultural land, institutional loans, settling people in business and handicrafts etc.
The number of people to be shifted in any phase should be in accordance with the resources secured.
Relief and Rehabilitation carried out to the satisfaction of shifted people, even if their number is small, is likely to result in the reduction of the population in the lake and ultimate achievement of the objective of lake conservation.

Lakes and Waterways Development Authority (LWDA) has been created by the Government of J&K as an autonomous body in 1997 to serve a one point agency to look after, mange and conserve the water bodies and waterways in the State. LWDA has a whole

time mandate to conserve and mange the Dal-Nigeen Lakes under National Lake Conservation Plan (NLCP) of the Government of India under the aegis of Ministry of Environment, Forests and Climate Change. LWDA is acquiring the immovable property of the lake dwellers which may be in the form of land/structures. Adequate compensation as per standard norms and practices is provided to each bonafide owner. LWDA also provides plots in proportionate to the family strength of the lake dwellers for resettlement in the colonies developed by the LWDA. Subsequent to the acquisition of land /structures of the lake dwellers removes the land mass/structures, floating gardens etc to convert the same into watery surface which adds to the water expanse of the lake.

R&R Projects and its Implementation:

On the basis of the study and report, Government of India sanctioned conservation and management plan under Central Ministry of Environment & Forest and Rehabilitation & Resettlement project under the erstwhile Planning Commission. The project includes acquisition of land/ Structures within lake and to rehabilitate lake dwellers outside the lake. Apart from Government of India, State Government also has worked out schemes / programmes for the conservation of the lake. The following schemes / programmes of the Central Government and State Government have been sanctioned for the conservation, management, restoration of lakes which includes project for rehabilitation and resettlement of the Dal dwellers.

Table-2

(Cost in Crores)

S. No.	Component	Cost	Source of Funding
	Conservation & Management Programme	298.76	Ministry of Environment and Forest (MoEF), Government of India (GOI) under National Lake Conservation Plan (NLCP)
	Rehabilitation of Dal-Nigeen Lake (Acquisition of land/ Structures within lake and dredging/ procurement of lake cleaning machines)	356.00	Prime Minister’s Reconstruction Plan (PMRP), Erstwhile Planning Commission, GOI
	Laterals/House Connectivity	55.00	State Plan (not provided in the NLCP norms)
	Conservation of Brari-Numbal (Including acquisition of land)	27.00	State Plan
	Rakhi Arth	402.00	State Plan/JNNURM - HUPA, GOI
	Grand Total	1138.76

Source: J&K Lakes & Waterways Development Authority

Money has been the problem with all plans to save the Dal Lake. In 1978, plans to invest Rs.2,000 crores over a 10-year period were first approved, but actual expenditure never exceeded Rs.8.4 crores. Subsequent plans went the same way. Assistance from the United Kingdom became available in 1987 to bridge the resource gap, but political unrest put an end to this project. Former Chief Engineer stated that "We have spent Rs.64 crores since 1978 and achieved nothing. If we are serious about saving the Dal Lake, we must pump in the cash we need over five years and finish the job. If not, well, we should just forget about the whole thing and allow one of the world's most beautiful lakes to die" (Swami:1998).

Conservation and Management Plan for Dal Nigeen Lake was approved in 2005 for Rs.298.76 crore for funding through the National Lake Conservation Programme (NLCP) of the Ministry of Environment and Forests (MoEF) which is in the Central Sector with 100% funding from the Central Government. The project was approved with the stipulation that cost for Operation and Maintenance (O&M), cost escalation and Resettlement & Rehabilitation (R&R) will be met by the State Government. This project had a provision of Rs.87.10 crore for acquisition of land and structures within the lake. Recognizing that rehabilitation of people residing in the Lake would have to go hand in hand with the work of sanctioned project under conservation and management plan, rehabilitation and resettlement project of Rs.365 crore was also approved by the Central Government in 2011 again with 100% funding from the Central Government.

Apart from the financial assistance from the Central Government, the State Government of Jammu & Kashmir also earmarked an amount of Rs.27 crore under State Plan for conservation of Brari-Numbal (Including acquisition of land). Moreover, the State Government also tied up funds amounting to Rs.402 crore available at that time under Jawaharlal Nehru National Urban Renewal Mission (JNNURM), a massive city-modernisation scheme of the Government of India for the construction of houses and development of other basic facilities at the plot allotted for the purpose to rehabilitate lake dwellers at Rakh-i-Arth.

The DPR, which had put forth the rehabilitation plan, mentioned that the number of persons earning from within the lake is 7,870 while 7,728 people have livelihood from other sources. The remaining 23,199 were found to be unemployed, though they were found helping their families in cultivation, carpet weaving etc. It means that 51.44 percent of the lake dwellers earn their livelihood from lake. The lake dwellers claim that they are directly or indirectly dependent on the lake for their survival. Hence, stating that “our livelihood comes from the lake, if the government plans to relocate us, it will have to think something of our livelihoods as well, otherwise we will go hungry" (Maroosha: 2009). Apart from livelihood, people having problems with the rate at which compensation is being provided and the size of alternative plots provided for home. Therefore, these issues have created hindrance in the implementation of sanctioned R&R projects. Arrangement of financial resources for R&R remains a big issue on the one side, but on the other side sanctioned projects are not being implemented due to other socio-economic concerns of the people living in the lake. Slow pace of implementation of sanctioned projects are cause of concern for the Government, environmentalist and civil societies engaged in conservation of the lake.

To safeguard the investment in this project, the Central Government sanctioned R&R projects of Rs.365 crore was to be implemented in four phases. Central Assistance of Rs.83 crore allocated for first phase was released to the State Government during 2011-12 which has not been utilised. Consequently funds for subsequent phases have not been provided to the State. The delay in the implementation of project would result in the cost escalation. The arrangement of additional financial resources would be tough task for the State Government, looking at the financial health of Jammu & Kashmir.

Conclusion:

Lake dwellers have legal proprietary rights over the land inside the Lake which also includes Nadroo; Pechi; Radh & Paani. These rights have been confirmed to them subsequent to the first settlement operation way back in 1899 carried out in the then princely State of J&K by the renowned first settlement Commissioner of the State, Sir Walter Lawrence. The revenue records prepared so continued to be the foundation stock for 1921 settlement operation. These rights have also been recognized by an enactment in the State Land Revenue Act of 1939 which is the relevant legislation covering the entire gamut of activities concerning land in the State of J&K. Further in terms of provisions of Section – 54 to 92-A of the same Act, the proprietary land inside the Dal/Nagin Lake is also assigned land revenue which the dwellers have been paying to the State. The ownership rights conferred on people subsequent to these settlement operations continues to be the basis of the land administration in entire State of J&K.

The population of the lake keeps on growing, as per socio economic survey 1986, 6000 families were residing on 58 hamlets within lake. The population of lake increased to around 40,000 as per survey conducted in 1999 for preparation of DPR for the conservation of lake. Further, a population of around 50,000 has been reported in an article published in International Journal of Multidisciplinary Research and Development. Noticing significant change in the land use of these twin lakes over the years AHEC has strongly argued in favor of removing all the families living in lake, rather than only those whose removal is absolutely necessary for improving circulation of water in the lake, that there is no guarantee that families allowed to stay on the lake will not again encroach on the water and convert into 'Radh' & 'Demb' with the growth in their population.

The Government of J&K and the Central Government have shown strong will to realize the R&R of lake dwellers to save precious natural resource and pristine beauty of the lake. However, no significant progress have been made as some families were relocated have not been rehabilitated. It has increasingly been recognized that livelihoods cannot be divorced from natural resources like forests and water bodies. On the forests side, the Joint Forest Management initiative, which envisages sustainable integration of people’s livelihood with common property resources, is the approach of choice. In the present case also it may be appropriate to follow a practical approach to lake conservation, which does not involve removing people out of the equation. In view of the number of families involved, the fact that they have been there for generations, and they apparently have rights on the land/water, resettlement of the families in the alternative place identified by the State Government would be a complex matter. There is a requirement of balancing with Socio-economic, financial and livelihood issues.

A comprehensive result oriented method for the resettlement and rehabilitation would be required for the success of R&R projects of the lake which may be summarized as under:

Fresh survey of the habitations within lake and its periphery is required with detailed socio-economic condition of the lake dwellers which includes livelihood and its source.
Obtaining view of the lake dwellers either through survey and its questionnaire or any other alternative means in respect of consensus/ willingness to move out providing them alternative source of livelihood either within lake or outside of the lake along with the option at proposed resettlement site.
Fresh estimation of the cost of R&R project phase wise clearly demarcating the areas of each phase on the map of Dal Nageen Lake as well as on the ground with strict time line.
Arrangement of financial resources which may be pooled in the form of central assistance under existing Centrally Sponsored Schemes (CSS), state resources, external assistance.
The proposal of R&R prepared on the basis of latest survey and estimation should also have legal backing in the light of current R&R policy so that it cannot be dragged in the court which causes unnecessary delay in the project.
Strict monitoring mechanism with the representation of judicial system of the State, civil society, State Government and central Government.

References:

Alternate Hydro Energy Centre (AHEC), Indian Institute of Technology (IIT), Roorkee (2000). Detailed Project Report (DPR) for Conservation and Management of Dal Lake
India's Land Acquisition Act (1894). Government of India
Khan, Manzoor Ahmad (2015). Dal lake of Kashmir: Problems, prospects and perspectives. International Journal of Multidisciplinary Research and Development, 2(2)
Lawrence, Walter R. (1895). The valley of Kashmir. London: H. Frowde Publication
Muzaffar, Maroosha (2009). If displaced from Dal then nowhere to go. India Express, Srinagar, 1.4.2009
National Rehabilitation and Resettlement Policy (2007). Government of India
Qadri Humaira, Yousuf, A. R. (2007), Dal Lake Ecosystem: Conservation Strategies and Problem, proceeding of Taal2007: The 12^th World Lake Conference: 1453-1457
Socio-Economic Survey (1986)
Swami, Parveen (1998). Conservation to save a lake. Frontline, 15 (11)
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (2013). Government of India

- Dr. Mohd. Tauqueer Khan *