A select committee that looked into the Rajasthan Land Acquisition Bill, 2014, has recommended enhancement of compensation to land owners, allowing farmers to move the court without seeking government's prior approval and also giving an option to the land owner to claim rehabilitation and resettlement cost either as per the State law or the Centre's Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The recommendations have left the government in a fix since the Central law itself is being amended and facing stiff opposition. While one of the main objections to the Ordinance brought in by the Centre – allowing land owners to move the court without the government’s approval – has also been recommended by the select committee, it has chosen to remain silent on the provision of social impact assessment (SIA) which has been done away with in the State Bill.
The recommendations of the select committee, tabled in the Assembly here on Thursday, says that the rehabilitation and resettlement of affected families by acquisition of land where it is acquired by the State government for public infrastructure or other important projects, a lump sum amount equal to 10 per cent of the amount of compensation determined by the Collector under the provisions of the law would be given to the land owner, or the he be given an option of taking an amount equal to the benefits available under Schedule second of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Where the land is acquired by the State government for private companies, the affected families will have the option of receiving a lump sum amount equal to 30 per cent of the amount of compensation determined under the law (as against 10 per cent in the law), an annuity of Rs 5,000 per month for 20 years which shall be increased annually by 5 per cent a one time lump sum amount equal to Rs 10 lakh as against Rs 7.5 lakh in the Bill. In addition, where the private company requires unskilled labour, subject to availability, at least one member of the affected family shall be given employment on priority basis.
In case of the entire village being displaced by land acquisition, it will be the responsibility of the State to rehabilitate the villagers preferably on the land which is as near as possible to the original site, on the command area of a river or a canal and feasible to the families.
The committee has dropped the provision of penalty for obstructing or protesting acquisition of land and suggested that if the land remains unutilised for 5 years it be returned to the owner, legal heir or to the Land Bank of the State government. The Bill has the provision of sentencing protesters to jail for obstructing acquisition. The panel has also recommended doing away with the provision which says that no court shall take cognisance of any offence under this law except on the complaint of a Collector which is to be given in writing.
Recommendations of the select committee was tabled in the Assembly on Thursday
