Legal Framework for Managing Land Acquisition, Resettlement and Rehabilitation (MLARR)

Land Acquisition, Resettlement and Rehabilitation 

Recently i have an opportunity to work in National Engineering Service Pakistan (NESPAK) as internee in the Environment and Resettlement section, Geo Technical & Geo Environment Division. By this opportunity I have come to know the Resettlement and rehabilitation techniques used where land acquisition for development projects is required through eminent domain. This technique is widely used by the development experts and donor agencies, particularly World bank makes it compulsion for development projects that required acquisition of land .

if a nation has to be well off by economic development then it should have to develop physical infrastructures including transport, power and energy, water supply and sanitation, solid waste, urban renewal, health, education, irrigation and flood control, mining operations, forestry development and parks, conservation sites. All these projects cause resettlement of people, economic assets, physical relocation, socioeconomic effects,so if this resettlement is not properly implemented then it will cause severe impacts on the affected persons.
To acquire land and implement development projects along with resettlement, require some legal framework. In Pakistan land is acquired through a law, LAND ACQUISITION ACT 1894 , and other requirements are set by the funding agencies like World Bank, Asian Development Bank and International Finance Corporation.

Following legal framework provides basis for the resettlement and rehabilitation of affected persons during development projects.  

1.      Land Acquisition Act 1894

2.      World Bank Operational Policy 4.12

3.      World Bank Operational Policy 4.10

4.      Safeguard Policy Statement 2009, Asian Development Bank

These documents provided a comprehensive approach to policy framework required for land acquisition and resettlement.

Land Acquisition Act 1894

This law allows Government to acquire land for public purpose by the Government /government agency after paying compensation in lieu of losses incurred by land owners due to surrendering of land to Government or its agency.

World Bank Operational Policy 4.12 (Involuntary Resettlement)

Involuntary resettlement under development projects, if unmitigated give rise to severe economic, social and environmental risks. So this policy includes the safeguards to address and mitigate these impoverishment risks.

World Bank Operational Policy 4.10 (Indigenous people)

This policy is for poverty reduction and sustainable development of indigenous people and to avoid potentially adverse effects and to minimize, mitigate or compensate if unavoidable for indigenous people to refrain from adverse effects.

Safeguard Policy Statement 2009, Asian Development Bank

The operational policies of the ADB include three safeguard policies

1.      Involuntary resettlement policy (1995)

2.      Environmental policy (2002)

3.      Policy on indigenous people (1998)

Objectives of Safeguard Policy Statement are following

§  .      Avoid adverse impacts of projects on the environment and affected people, where possible

§ .       Minimize, mitigate and/or compensate for adverse project impacts on the environment and affected people when avoidance is not possible

§ .       Help borrower/client to strengthen their safeguard systems and develop the capacity to manage environmental and social risks

S  So for the better outcome of development projects, the socioeconomic cost of development has to be mitigated through the above mentioned legal framework.