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REFERENCES  
  1. An un-named protesting farmer; SreelathaMenon, "Mining the Farmer for All his Land", available at http://www.business-standard.com/india/news/miningfarmer-for-all-his-land/435042/.
  2. "The Right to Adequate Food in India", Parallel Report by FIAN, submitted to the CESCR, 40th submission.
  3. "Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except to procedure established by law."
  4. The Supreme Court has argued in Olga Tellisv. Bombay Municipal Cop., AIR 1986 SC 180: (1985) 3 SCC 545, a case which was brought by pavement dwellers to resist eviction from their habitat by the Bombay Municipal Corporation, that the right to livelihood is born out of right to life, as no person can live without the means of living, that is the means of livelihood. Also see, D.K.Yadavv. J.M.A Industries Ltd., (1993) 3 SCC 259; Dr.HarirajL.Chulani v. Bar Council of Maharashtra and Goa (1996) 3 SCC 345: AIR 1996 SC 1708.
  5. Francis Coralie Mullinv.Union Territory Delhi, Administrator, AIR 1981 SC 746 : 1981 1 SCC 608.
  6. Ibid.
  7. M.P.Jain , "INDIAN CONSTITUTIONAL LAW", pg 1125, 5th Ed, 2005
  8. Chameli Singh v. State of Uttar Pradesh, AIR 1996 SC 1051: (1996) 2 SCC 549
  9. Dalmia Cement (Bharat) Ltd .v. Union of India, (1996) 10 SCC 104 (para 21)
  10. O.Konavalov v. Commander, Coast Guard Region, (2006) 4 SCC 620 (para 20): (2006) 3 JT 567.
  11. "Working paper" by National Advisory Council’s critique on the Bill, 2011.
  12. Kenneth Bo Nielsena, ‘Contesting India's Development? Industrialisation, Land Acquisition and Protest in West Bengal’, (2010) 7(5) Journal of Norwegian Institute of International Affairs and Norwegian Association for Development http://www.informaworld.com/smpp/content~db=all~content=a922044572~tab=content~order=page accessed 31 May
  13. ‘Nano Wars’ The Economist (US edition, 30 August 2008)
  14. Amitadyuti Kumar, ‘Headline Singur’ (Countercurrents,30 December 2006) http://www.countercurrents.org/ind-kumar301206.htm accessed 28 May 2011
  15. See Politics of Property: Property Law in India, Shreya Bose & Divya Suwasini, Paper presented at RICS-COBRA Conference at Manchester, UK.
  16. "The Right to Adequate Food in India", Parallel Report by FIAN, submitted to the CESCR, 40th submission.
  17. Supra n.11.
  18. See schedule I and II.
  19. See Section 69: Return of Unutilised Land - (1) The land acquired under this Act shall not be transferred to any other purpose except for apublic purpose, and after obtaining the prior approval of the Appropriate Government, andany change in purpose made in violation of this provision shall be void and shall render suchland and structures attached to it liable to be reverted to the land owner.

    (2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the land owner by reversion;

    (3) The Appropriate Government shall return the unutilized land or part thereof, as the case may be, to the original owner of the land from whom it was acquired subject to the refund of one fourth of the amount of compensation paid to him along with the interest on such amount at such rate, as may be specified by the Appropriate Government, from the date of payment of compensation to him till the refund of such amount; and

    (4) The person to whom the land is returned being the owner of the land shall be entitled to all such title and rights in relation to such land from which he has been divested on the acquisition of such land.
  20. Supra, n. 1.
  21. http://www.mainstreamweekly.net/article1586.html
  22. See Schedule II – Part 13: Special Provisions for Schedule Tribes:(1) In case of a project involving land acquisition on behalf of a requiring body whichinvolves involuntary displacement of one hundred or more Scheduled Tribes families,a Tribal Development Plan shall be prepared, in such form as may be prescribed,laying down the details of procedure for settling land rights due but not settled andrestoring titles of tribals on alienated land by undertaking a special drive togetherwith land acquisition.

    (2) The Tribal Development Plan shall also contain a program for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years sufficient to meet the requirements of tribal communities.
  23. See Schedule II - Part 11: Miscellaneous (1) The stamp duty and other fees payable for registration of the land or houseallotted to the affected families shall be borne by the requiring body.
    (2) The land for house allotted to the affected families shall be free from all encumbrances.
    (3) The land or house allotted may be in the joint names of wife and husband of the affected family.
 
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