compulsory land acquistion
TRANSCRIPT
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Who may compulsorily
acquire land?An authority may obtain title to land either
by purchasing it or by formal statutory
acquisition.
Many authorities have the power tocompulsorily acquire land for a public
purpose. These include a range of Ministers,
government departments, public authorities,
utility service providers and municipal
councils.
A body given the power to compulsorily
acquire land is known as an acquiring
authority.
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An acquiring authority may acquire the whole of a
piece of land or several pieces of land (for example, for
a school or parkland), or part of the land (for example,
for a road widening). An authority may also acquire
only an interest in the land (for example, an easement
across a piece of land to allow for a pipeline or utility
service).
Compulsory acquisition means that the land can be
acquired despite the fact that the landowner may not
consent to the acquisition. The power to compulsorilyacquire land is therefore strictly regulated. An authority
can only compulsorily acquire land if the power to do
so is set out in its governing legislation, which is
deemed for such purpose to be a specialAct.
In some cases, the special Act requires that theacquiring authority can only compulsorily acquire land
with the consent of a relevant Minister or the Governor
in Council.
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Where an authority is given the power under
a special Act to compulsorily acquire land,
the authority must follow the process foracquisition set out in the Land Acquisition
and Compensation Act 1986 (the LAC Act).
The authority must therefore either:
acquire the land or obtain an interest in the
land by compulsory process; or acquire theland by agreement with the landowner in
accordance with the Act.
If an authority does not have the power of
compulsory acquisition, the compensationprovisions of the LAC Act do not apply. The
transaction will be like any other private sale
between a vendor and a purchaser and both
parties will be free to negotiate a sale price,
subject to any government audit or tenderingrequirements.
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DISplacement
The idea that State can take away any
property for public good, that is, the doctrine
of eminent domain, is itself contested, as it
raises the classic debate ofpower of stateversus individual rights. Not many in todays
world will agree with the idea that the King
owns all property and bestows rights,
including rights in property, upon his citizens.
Let us, however, assume the idea of Eminent
Domain as a fact. The existence of Eminent
Domain means that the exclusivity of the
rights owned in a property is at least diluted
against the government acquisition of suchproperty. Now, why would the government
need to take over an individuals property?
Typically, government is thought to be
representative of the collective, the voice of
the public, as compared to the individual. Forexample, governments builds street lights on
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Development-induced displacement can be
defined as the forcing of communities and
individuals out of their homes, often also their
homelands, for the purposes of economic
development.4 Use of coercion or force of
any nature by State is central to the idea of
development-induced displacement. At the
international level, it is viewed as a violationof human rights.
In India, there are a rising number of protests
against compulsory acquisition of land for
construction of manufacturing units such as
TatasNano car in Singur, in which 997 acresof agricultural land was acquired to set up a
factory for one of the cheapest cars in Asia,
(the project was subsequently shifted to
Gujarat) or for developing Special Economic
Zone such as Nandigram or construction of
large dams like Sardar Sarovar Dam on the
river Narmada, which famously led to a
cancellation of grant by World Bank due to
protests under the argument that the tribalpopulation was getting displaced under unfair
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The effects of displacement spill over to
generations in many ways, such as loss of
traditional means of employment, change
of environment, disrupted community life
and relationships, marginalization, a
profound psychological trauma and more.
The grave consequences of suchdisplacements at the very least require
legislations and policies that address not
only the issue of compensation, but also
the larger issues of resettlement,rehabilitation and participation in
negotiation, which can mitigate the
darker side of land acquisition for
development.
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FORCED RESETTLEMENT
The forced resettlement of populations in
association with the construction of
hydroelectric dams, large-scale irrigation
projects, highways, mines, and urban renewaland metropolitan development has become
commonplace today.
The extent and the implications of such
forced relocation are diverse and variable,depending on the nature of the project and
density of population being affected.
The size of a displaced population being
affected. The size of a displaced population
may vary from only a few thousand to tens ofthousands of people.
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The consequences of forced resettlement are
enormous:
it destroys the existing modes of production
and ways of life, affects kinship andcommunity organization and networks, causes
environmental problems and impoverishment,
and threatens cultural identity of tribal and
ethnic minorities, often the worst sufferers of
hydroelectric dam projects.
In addition, forced resettlement tends to be
associated with increased sociocultural and
psychological stresses and higher morbidity
and mortality rates. Population displacement, therefore, disrupts
economic and sociocultural structures. People
who are displaced undergo tremendous stress
as they lose productive resources - land or
otherwise - in the adjustment process.
Resettling the displaced poor, remote, and
economically disadvantaged is not always an
easy task.
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Bills such as Rehabilitation and Resettlement
Bill, 2007 (hereinafterThe 2007 RRBill or
The New Rehabilitation Bill) and LandAcquisition (Amendment) Bill, 2007
(hereinafter The 2007 Bill or The New
Bill) are now being considered by the
Parliament and various
The importance of the Land Acquisition andRehabilitation & Resettlement Bill (LARR,
2011) recently tabled in Parliament cannot,
therefore, be overstated. The Bill closely
follows the recommendations of the WorkingGroup of the National Advisory Council
(NAC, 2011), though it differs on some key
points..
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THE DRAFT LAND ACQUISITIONANDREHABILITATIONAND RESETTLEMENT
BILL (LARR), 2011
AN OVERVIEW
Ministry of Rural Development
Government o f Ind ia
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Heightened public concern on Land
Acquisition issues
Absence of a national law to provide for
the rehabilitation & resettlement and
compensation for loss of livelihoods
Why a New Law
Public
Concern
While multiple amendments have been
made to the Original Act, the principal law
continues to be the same i.e. the LandAcquisition Act of 1894
Outdated
Law
Addressing concerns of farmers and
those whose livelihoods are dependenton the land being acquired
While facilitating land acquisition for
industrialisation, infrastructure and
urbanisation
Need
for
Balance
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Why a Combined Law
1. Land Acquisition and Rehabilitation &
Resettlement need to be seen necessarily as
two sides of the same coin
2. Rehabilitation and Resettlement must always,
in each instance, necessarily follow upon
acquisition of land
3. Not combining the two R&R and land
acquisition within one law, risks neglect of
R&R. This has, indeed, been the experiencethus far
4. This is the first National/ Central Law on the
subject of Rehabilitation & Resettlement of
families affected and displaced as a result of
land acquisition
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Both LA and R&R Provisions will apply when:
1. Government acquires land for its own use, hold and control
2. Government acquires land with the ultimate purpose to transfer
it for the use of private companies for stated public purpose
(including PPP projects but other than state or national highway
projects)
3. Government acquires land for immediate and declared use by
private companies for public purpose
Note I: Publ ic pu rpo se for 2. & 3. above, once stated, canno t
be changed
Note II: Land Acqu isi t ion under 2. & 3. above can take place
pro vided 80% of the project affected famil ies give pr io r
informed consent to the propo sed acqu is i t ion.
Scope of LARR, 2011
Only R&R provisions will apply when:
Private companies buy land for a project, more than 100 acres
in rural areas, or m ore than 50 acres in u rban areas
Only LA provisions will apply to the area to be acquired but
R&R provisions will apply to the entire project area even
when: Private company approaches Government for partial
acquisition for public purpose
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1. Land for strategic purposes relating to armed forces of theUnion, national security or defence, police, safety of the
people;
2. Land for railways, highways, ports, power and irrigation
purposes for use by Government and public sector
companies or corporations;
3. Land for the project affected people
4. Land for Planned development or improvement of village orurban sites or for residential purpose to weaker sections in
rural or urban areas;
5. Land for Government administered educational, agricultural,
health and research schemes or institutions;
6. Land for persons residing in areas affected by natural
calamities
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7. Land acquired by the Government for -
(I) use by government itself for purposes other than those
covered under (1), (2), (3), (4), (5) and (6) above,
(II) public sector companies,; or
(III) PPP projects for the production of public goods or the
provision of public services;
8. Land for private companies for the production of public goods
or provision of public services;
Under (7) and (8), consent of at least 80% of the project
affected families shall be obtained through a prior
informed process
Salient Features of the Draft Bill
Definition of Public Purpose
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Salient Features of the Draft Bill
Urgency Clause
The Urgency Clause can only be invoked in
the following cases:
1. National defense and security purposes
2. R&R needs in the event of emergencies or
natural calamities
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Land Owners:
1. Family or company whose land/other
immovable properties have been acquired;
2. Those who are assigned land by the
Governments under various schemes;
3. Right holders under the Forest Rights Act,2006
Livelihood Losers:
1. Over the last three years, a family whose
livelihood is primarily dependent on the land
being acquired, including agriculture labourers,tenants or sharecroppers
2. Over the last three years, families which are
dependent on forests or waterbodies for their
livelihoods when these are acquired; including
forest gatherers, hunters, fisher folk and
boatmen
3. Over the last three years, any family whose
livelihood is dependent primarily on the land
being acquired in the urban areas or any family
who is residing on the land being acquired in
the urban areas
Salient Features of the Draft Bill
Definition of Affected Families
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Land includes benefits to arise out of land, and
things attached to the earth or permanently
fastened to anything attached to the earth.
Salient Features of the Draft Bill
Definition of Land
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Salient Features of the Draft Bill
Safeguarding Food Security
1. Multi-crop irrigated land will not be acquired except as a demonstrably
last resort measure, which in no case should lead to acquisition of more
than 5 percent of multi-crop irrigated area in a district.
2. Wherever multi crop irrigated land is acquired an equivalent area of
culturable wasteland shall be developed for agricultural purposes.
3. In districts where net sown area is less than fifty per cent of total
geographical area, no more than ten per cent of the net sown area of the
district may be cumulatively acquired under all land acquisition projects
put together in that district.
1. and 2. above shall not apply in the case of linear projects (such as
Railways, highways, Major District Roads, power lines, and
irrigation canals)
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A Comprehensive Compensation Package (Schedule I)
1. Market value of the land:
a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the
registration of sale deeds in the area, where the land is situated; or
b) the average of the sale price for similar type of land situated in the immediate
areas adjoining the land being acquired, ascertained from fifty per cent of the
sale deeds registered during the preceding three years, where higher price
has been paid; or
whichever is higher:
PROVIDED THAT THE MARKET VALUE SO CALCULATED FOR RURAL
AREAS SHALL BE MULTIPLIED BY AT LEAST A FACTOR OF TWO. THIS
WILL BE SPECIFIED IN SCHEDULE I. (AND NOT IN THE ACT PER SE).
2. Value of the assets attached to land: Building/Trees/Wells/Crop etc as
valued by relevant govt. authority;
Total compensation = 1+2
3. Solatium: 100% of total compensation
4. Where land is acquired for urbanisation, 20% of the developed land will be
reserved and offered to land owning project affected families, in proportion to
their land acquired and at a price equal to cost of acquisition and the cost of
development. In case the project affected family wishes to avail of this offer,
an equivalent amount will be deducted from the land acquisition compensation
package payable to it
5. The Company for whom land is being acquired may offer shares limited to 25%
of the Compensation amount . In case the project affected family wishes to
avail of this offer, an equivalent amount will be deducted from the land
acquisition compensation package payable to it.
Salient Features of the Draft Bill
Minimum Compensation for Land
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Salient Features of the Draft Bill
Minimum R&R Entitlements
A Comprehensive R&R Package(Schedule II)
For Land Owners:1.Subsistence allowance at Rs. 3000 per month per family for 12 months;
2.The affected families shall be entitled to:
(a) Where jobs are created through the project,
mandatory employment for one member per affected family
or
(b) Rupees 5 lakhs per family;or
(c)Rupees 2000 per month per family as annuity for 20
years, with appropriate index for inflation;
The option of availing (a) or (b) or (c) shall be that of the affected
family
3. If a house is lost in rural areas, a constructed house shall be provided as
per the Indira Awas Yojana specifications. If a house is lost in urban areas, aconstructed house shall be provided, which will be not less than 50 sq mts
in plinth area.
In either case the equivalent cost of the house may also be provided in lieu
of the house as per the preference of the project affected family;
4. One acre of landto each family in the command area, if land is acquired
for an irrigation project;
5. Rs 50,000 for transportation;
6. A one-time Resettlement Allowance of Rs 50,000;
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Salient Features of the Draft Bill
Minimum R&R Entitlements
A Comprehensive R&R Package (Schedule II)
For Livelihood losers (including landless):
1. Subsistence allowance at Rs. 3000 per month per family for 12 months;
2. The affected families shall be entitled to:
(a) Mandatory employment for one member per affected family where
jobs are created through the project,or
(b) Rupees 5 lakhs per family;
or
(c) Rupees 2000 per month per family as annuity for 20 years, with
appropriate index for inflation shall be provided;
This choice of (a) or (b) or (c) shall be that of the affected family
3. If a house is lost in rural areas, a constructed house shall be provided asper the Indira Awas Yojana specifications. If a house is lost in urban
areas, a constructed house shall be provided, which will be not less than
50 sq mts in plinth area.
In either case the equivalent cost of the house may also be provided in lieu
of the house as per the preference of the project affected family;
This benefit will also extend to those who are homeless.
4.A one-time Resettlement Allowance of Rs 50,000;
5. Rs 50,000 for transportation;
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In addition to the R&R package, SC/ST families will beentitled to the following additional benefits: (Schedule II)
1.2.5 acres of land or extent of land lost to each family in
every project, In case of irrigation project 1 acre in the
command area;
2.One time financial assistance of Rs. 50,000 per family;
3.Families settled outside the district shall be entitled to an
additional 25% R&R benefits;
4.Payment of one third of the compensation amount at
very outset;
5.Preference in relocation and resettlement in area in
same compact block;
6.Free land for community and social gatherings;
7.In case of displacement, a Development Plan is to be
prepared.
8. Continuation of reservation and other Schedule V and
Schedule VI area benefits from displaced area to
resettlement area.
Salient Features of the Draft Bill
Special Provisions for SCs/STs
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Salient Features of the Draft Bill
Infrastructural Amenities under R&R
(Schedule III)
25 infrastructural amenities to be provided in the
Resettlement area, including:
Schools and playgrounds;
Health Centres;
Roads and electric connections;
Assured sources of safe drinking water for each family;
Panchayat Ghars;
Anganwadis providing child and mother supplemental
nutritional services;
Places of worship and burial and/or cremation ground;
Village level Post Offices, as appropriate, with facilities
for opening saving accounts;
Fair price shops and seed-cum-fertilizer storage
facilities
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Salient Features of the Draft Bill
R&R in case of Private Purchase of Land
1. Where a private company is purchasing land for a
project which is more than 100 acres in rural areas or
more than 50 acres in urban areas through private
negotiations, the Company shall file an application with
the District Collector notifying him of:
(a) Intent to Acquire;(b) Purpose of Purchase;
(c) Particulars of lands to be purchased
2. Collector shall refer the matter to the Commissioner
R&R for the satisfaction of all relevant provisions underthis Act related to R&R
3. Based upon the R&R Scheme approved by the
Commissioner R&R, the Collector shall pass individual
awards covering R&R entitlements
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Salient Features of the Draft Bill
Retrospective Effect Clause
This Bill proposes that LARR 2011 will apply to
all cases of Land Acquisition where before
date of commencement of LARR Act 2011
either:
(a)Award has not been made under LA Act 1894;
or
(b) Possession of land has not been taken
In both these cases, LA proceedings under
1894 Act will be considered lapsed upon
commencement of LARR Act 2011.
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The Provisions of the New Law shall be fully
compliant with other laws such as:
The Panchayats (Extension to the Scheduled
Areas) Act, 1996;
The Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights)
Act, 2006;
Land Transfer Regulations in Schedule V Areas.
Salient Features of the Draft Bill
Compliance with other Laws
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Salient Features of the Draft Bill
Process Flow
Proposal isReceived by the
Appropriate
Government
Legitimacy of Public
Purpose and SIA is
approved by CS Committee
(if above 100 acres) or by a
Delegated Committee if
below 100 acres)
Social Impact
Assessment (SIA)
Conducted by
Appropriate Government
Finalization of R&R
Scheme (within 6
months of PN)
Publication of
Preliminary
Notification to acquire
Public Hearing
Pre-
Notifica-
tion
Notifica-
tion
Collector submits
report on status
of alternative sites
Awards
Draft Declaration& R&R Scheme
published
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SIA to be
examined byindependent
Expert Group
Consent of 80% of
Affected sought
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Salient Features of the Draft Bill
Institutional Structure
State LA&RRAuthority
State Commissioner,RR
Administrator, RR
District Collector
RR Committee
Centre
State
Project-
level
Dispute Resolutionfor State Projects
Overall Admin for
LA&RR in State
Admin Project-level
RR
Overall coordination
and implementation
Oversight (Elected
reps, civil society, line
agencies)
Chief Secy
Committee
Determine whether
projects are for public
purpose
National Monitoring
Committee
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Oversight at Central
Level for all projects
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Salient Features of the Draft Bill
Transparency Provisions
Social Impact Assessment
Gram Sabha to be consulted
Summary of SIA notified along with Draft
Notification
SIA document made available for public scrutiny
R&R Scheme
Summary notified along with Draft declaration
Made available for public scrutiny
Individual Awards passed
Public Disclosure
All documents mandatorily to be made available
in the public domain and on the website
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Salient Features of the Draft Bill
Penalties
Stringent and Comprehensive Penalties
Regime for Companies and Government:
Punishment for false information, mala fide
action, etc.
Penalty for contravention of provisions of Act.
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Salient Features of the Draft Bill
Awards
Collector passes 2 types of Awards:
1. Award for Land Acquisition
Award made in respect of every affected family
whose land is being acquired and containing
details of LA compensation as listed inSchedule I;
2. Award for R&R
Award made in respect of every affected family,
regardless of whether they may be losing land or
not, containing details of R&R entitlements aslisted in Schedule II.
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1. The LARR Bill 2011 allows all States to enact any law or
policy related to LA&RR, provided the same does not
contradict or reduce the entitlements under LARR 2011.
2.Any State can therefore confer higher compensation or
make provisions for rehabilitation and resettlement which
enhance or go beyond those provided for under the Bill
3.If any existing State policy or law provides for entitlements
that are greater than those listed in the LARR Bill then the
State is free to continue with those.
4.The proportion in which States can acquire land for private
parties has been left entirely to the discretion of the Statesi.e. States can step in and acquire land for private parties
afterany percentage of total acquisition has taken place.
5. The only conditions are that at the very least
the land acquisition provisions of LARR 2011 will apply to
that part of the land that is acquired by the State
Government and the R&R provisions of LARR 2011 will apply to all of the
land already purchased by the private party as well as the
remaining part of the land to be acquired by the State
Government.
.
Salient Features of the Draft Bill
Special Provisions for the States
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In INDIA It has occurred in India since the era of
Independence, with over 21.6 million people in the
period of 1951-90. They have been displaced with heavy scale
projects like dams, canals, thermal plants,
sanctuaries, industries and mining.
These occurrences are further being categorized
as development-related displacement. The amount reimbursed is fairly low with regard
to the current index of prices prevailing in the
economy.
Furthermore, due to the poor Human Capital of
the displaced people they fail to get jobs and are
a victim of several problems.
There have been a rising number of political and
social protests against the acquisition of land by
various industrialists.
They have ranged from Bengal, Karnataka to
Uttar Pradesh in the recent past.
The acquisition of 997 acres of land by Tata
motors in Bengal in order to set up a factory for
the cheapest car in India.
Similarly, Sardar Sarovar Dam on the river
Narmada which was later canceled by the WorldBank.
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isplaced Tribals [4]
Project StateDisplaced
PopulationTribal (%)
rjan Gujarat 11,600 100
rdar Sarovar Gujarat 2,00,000 57.6
aheshwar Madhya Pradesh 20,000 60
dhghat Madhya Pradesh 12,700 73.91
ha Bihar 30,800 80
andil Bihar 37,600 87.92
el Karo Bihar 66,000 88
ahi Bajaj Sajar Rajasthan 38,400 76.28
lavaram Andhra Pradesh 1,50,000 52.90
aithon & Panchet Bihar 93,874 56.46
per Indravati Orisa 18,500 89.20
ngHimachalPradesh
80,000 56.25
hampalli Andhra Pradesh 38,100 76.28
ltuti Maharashtra 13,600 51.61
man Ganga Gujarat 8,700 48.70
akraHimachal
Pradesh
36,000 34.76
asan Reservoir Bihar 3,700 31
ai Reservoir Gujarat 52,000 18.92
37
http://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Orisahttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Orisahttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarat -
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