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Greening our Laws: Revising Land Acquisition Law for Coal Mining in India

Author

Listed:
  • Srivastav, Sugandha
  • Singh, Tanmay
Abstract
Laws that govern land acquisition can lock in old paradigms. We study one such case: the Coal Bearing Areas Act of 1957 (CBAA) which unlike the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) provides minimal social and environmental safeguards. The lack of due diligence processes in the CBAA confers an undue comparative advantage to coal development, a facet of policy that is at odds with India's current stance to phasedown coal use, reduce air pollution, and advance modern, low-carbon energy to achieve net-zero emissions. In the decades since the CBAA was written, the local context has significantly changed: the environmental and social costs of dirty energy are clearer, and low-carbon alternatives are cost competitive. We recommend updating land acquisition laws to bring coal under the general purview of LARR or, at minimum, amending CBAA to ensure adequate environmental and social safeguards are in place, both in letter and practice.

Suggested Citation

  • Srivastav, Sugandha & Singh, Tanmay, 2022. "Greening our Laws: Revising Land Acquisition Law for Coal Mining in India," INET Oxford Working Papers 2022-09, Institute for New Economic Thinking at the Oxford Martin School, University of Oxford.
    • Handle: RePEc:amz:wpaper:2022-09
    as

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    File URL: https://www.inet.ox.ac.uk/files/Srivastav-and-Singh-2022-EPW_2022-06-10-104220_wcqx.pdf
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    References listed on IDEAS

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    1. Tianguang Lu & Peter Sherman & Xinyu Chen & Shi Chen & Xi Lu & Michael McElroy, 2020. "India’s potential for integrating solar and on- and offshore wind power into its energy system," Nature Communications, Nature, vol. 11(1), pages 1-10, December.
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    5. Lahiri-Dutt, Kuntala, 2016. "The diverse worlds of coal in India: Energising the nation, energising livelihoods," Energy Policy, Elsevier, vol. 99(C), pages 203-213.
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    Cited by:

    1. Penny Mealy & Pete Barbrook-Johnson & Matthew C Ives & Sugandha Srivastav & Cameron Hepburn, 2023. "Sensitive intervention points: a strategic approach to climate action," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 39(4), pages 694-710.

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    More about this item

    Keywords

    coal; land acquisition; net-zero; environmental protection; social impact assessment; rehabilitation and resettlement;
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