Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dr. Mohan B Rao
Principal

About me

  Member Since : 07 March 2010  (Kurnool )

Dr. Mohan Rao Bolla has now been working as Principal, Kristu Jayanti College of Law, Bengaluru and visiting professor, Alliance University. Formerly Professor of Law, Alliance University and Christ University, Bengaluru. Earlier had been  Principal, Sri Prasunna College of Law, Kurnool, Andhra Pradesh. I was qualified at the UGC NET. 

A Commended Ph.D.,  in  Law on the Rights of SEZ –PAFs 

Andhra University presented Doctorate on Mohan Rao Bolla, Principal of Manair College of Law, for his outstanding research thesis on  THE SPECIAL ECONOMIC ZONES ACT, 2005 AND THE RIGHTS OF THE PROJECT AFFECTED FAMILIES -A SOCIO LEGAL STUDY (With Special Reference to Kakinada Special Economic Zone Private Limited, East Godavari District, Andhra Pradesh, India)”.

 

The research study of Dr. Mohan Rao under the supervision of Prof. of Law, Dr. Annam Subrahmanyam, [Principal, Dr. B.R. Ambedkar College of Law, Andhra University, Dean Student Affairs, Andhra University, and Former Associate Professor at Lal Bahadur Sastry National Academy of Administration, Mussorie,] has been commended by Foreign as well as Indian Professors. It has been appreciated as a right blend of doctrinal as well as empirical studies as the issue involved has pervasive effects on the social, cultural, economic aspects on the lives of the PAFs especially poor peasants of the Coastal area.  The researcher has adopted ground zero approach i.e., the inductive method besides the following Research techniques viz., Stratified Random Sampling and cluster sampling, Survey of Total population in the cluster, Schedule/interview method of Verification for conducting the research study in a scientific way.

 

The researcher conducted Socio Economic Survey of the total number 13 villages/hamlets. The PAFs criticized the Kakinada SEZ that, it could not move a single step ahead towards creation of jobs. But it had sufficiently destroyed the employment opportunities of the PAFs and their dependants.  The Kakinada SEZ could not launch even a small project in its Kakinada SEZ even after the lapse of over Half a decade from the year of the formal approval. Moreover, the SEZ developer had been enjoying several Tax exemptions.

 

The researcher’s findings are as hereunder: The land acquisition of fertile/other lands for the SEZs is prima facie found against to the policy of the government. But, Kakinada SEZ Private Limited and the government too acquired the land contrary to the policy adversely affecting the rights of the PAFs such as right to livelihoods, right to reside and settle at the native place and their sentimental attachments with their native land. ‘The SEZ Act, 2005 gives scope for discrimination and conferment of blanket power on the government and the SEZs. It is found true that the SEZ Act itself violates the spirit of the Constitution to a certain extent. The researcher expressed regrets about the Apex Court’s indifferent attitude towards the long pending bunch of 16 writ petitions in Kuldeep Bishnoi vs. Union of India [1]  on the Constitutional validity of SEZs Act, since 2006. It is found that the Kakinada SEZ has violated the concept of equality as it fixed the same price for the fertile lands and barren lands and or dry lands.  The Land Acquisition process is manifestly far from the fair procedure test as it does not discriminate between the fertile lands wet or dry and non cultivable lands in payment of price for them.

 

The researcher found that the following rights of the Project Affected Families of the Kakinada SEZ have been violated inter alia in view of the facts that i) the public private partnership of the Kakinada SEZ has turned out to be a myth ii) no job opportunities have been created and iii) not even a single export promotion project could be launched even after the expiry of about a decade from the date of formal approval of the EPZ in 2002 and half a decade after the sanction of the Kakinada SEZ.  iv) The PAFs right to livelihood property has been violated. v) The PAFs right to property was at stake vi) They have been forced to lose their lands for a throw away price. They have been displaced without adequate compensation and therefore, their right to reside and settle anywhere was violated. The PAFs right to livelihood has been affected as they were not provided with any job opportunities.

 

The definition of ‘Person’ in the SEZs Act, was so loosely drafted. It gives scope for ‘any foreign company’ to establish SEZ keeping the security of the country at stake. It is suggested to exclude foreign person and foreign company from the purview of the definition. It is in fact desirable to establish SEZs in Public -Private Partnership (PPP) with effective monitoring mechanism. If the proposed project could not be launched by the SEZ, the lands shall be returned to the poor peasants. Land to land and share holding are other suggested remedies for the PAFs. The Supreme Courts’ view in Bondu Ramaswamy case[2] that the Land Acquisition Officer shall act as a Welfare Officer and liaise between the poor peasants and the SEZ is a desirable remedy.

 

The Researcher’s presentation at the Viva Voce has been appreciated and commended by the galaxy of erudite professors of Dr. B.R. Ambedkar College of Law, Andhra University viz., Prof. V.Kesava Rao, Principal, Prof. A.Rajendra Prasad, Dean, Prof. Y.Satyanarayana, Vice Principal, Prof. Rajyalakshmi, Prof. Sumitra Prof. Madhusudana Rao, Dr. Vijaya Lakshmi, Dr. Sitamanikyam, Dr. Naidu and Mrs. Padmavathi.

***

 



[1] WP (Civil ) No. 537 of 2006 Supreme Court of India, available at http://courtnic.nic.in/supremecourt/querycheck.asp

[2] Bondu Ramaswamy v. Bangalore Development Authority, decided by the Supreme Court of India on 5 May, 2010 http://www.indiankanoon.org/doc/1979435/



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