The longstanding demand to correct anomalies in the Land Acquisition Act (1894) and check its misuse, and the impending Uttar Pradesh Assembly election have compelled the United Progressive Alliance government to come up with a much-improved piece of legislation. In speedily reshaping the proposed Land Acquisition, Rehabilitation and Resettlement Bill, which has been placed in the public domain as part of a pre-legislative consultative process, Jairam Ramesh, the new Cabinet Minster for Rural Development, has wisely departed from his predecessor's approach by integrating acquisition with rehabilitation and resettlement measures. Following the National Advisory Council's recommendations, the bill has commendably increased the compensation amount and enhanced the solatium to 100 per cent. It rightly prohibits the acquisition of irrigated multi-crop agricultural land. A pre-notification discussion with local bodies is a procedural innovation that should help reduce litigation and speed up the process of just acquisition. By making it mandatory to obtain consent from 80 per cent of the affected people before the acquisition notice is issued, the proposed legislation seeks to ensure that consultations are held with those affected.
An unambiguous definition of public purpose is critical. Unfortunately, the draft bill misses out on this. Of the four categories of public purpose mentioned in the final draft, two — especially the section on acquiring land for private companies — are the most debatable. The bill does not clarify how private and public purpose in a private project will be evaluated. To argue that private projects contribute to economic growth and improve employment is to resort to specious justification. As witnessed in the past, vague definitions tend to be grossly misused. The state can extend its help when small parcels of land, for reasons of legality in property title, hold up a large project, but it must not intervene wholesale. To make up for the rampant undervaluing of land transactions, the bill proposes to triple the value of rural properties identified for acquisition. But it ignores similar problems that plague urban areas and deny fair valuation. On the other hand, the proposal to look at alternative forms of compensation, such as allocation of a share of the developed land, is confined to urban projects. The proposal to return unused land five years after its acquisition is to be welcomed, but allowing the government to transfer the unused land from one public purpose to another, as suggested by the draft, will abet misuse. The shortcomings of the qualitatively improved bill must be removed without delay.
Keywords: Land Acquisition Act, Jairam Ramesh, Cabinet Minster for Rural Development, Land Acquisition, Rehabilitation and Resettlement Bill
It is a beautiful piece of legislation but still it have few lacunas. Aquisation and valuation part of rural land is still ambigious. Main cunk of land is brought in rural areas, so proper valuation is needed if private entities want to avoid further litigation. One part where local organisation consulation is brought is a good step. it will redress all person griveances. It's high time and we need to work on our legislation as fast as we could as many foriegn investment is going out of india due to land aquisation issue.
Traditionally towns/cities developed near agricultural lands. It was typically for farmers to save time and money and provide easy access to their goods in so called residential hubs of middle class i.e. towns or cities. Burgeoning population and rural-urban divide has lead to explosive growth of these mid-sized towns. These towns have started sort of encroaching onto agricultural land, a trend getting support from the government of the day. Surely government should provide appropriate compensation to farmers, may be through annual/monthly payments or better still providing local employment. But caution should be exercised while making Land Acquisition per se a thumb rule of development. Not only it sets a bad precedent for coming generations as it legitimizes pro-urban development but it goes against the inclusive growth that govt has made central theme of 11th FYP.
While the draft bill has taken good care ragarding compensation for rural areas, for urban areas it should have been 4 times. Lot of land falling in the urban areas is not valued adequately for registration of sale deeds, in periphery of towns and cities, but ther actual market value is much higher. So it would be appropriate if an independent trasparent survey of present market value of land is conducted at the time of fixation of price irrespective of the values of sale deeds registered in the past( which is always less ) and registration value of sale deeds in the area ( not most of the times adequately priced) and 100 percent solatium is given over and above the prevailing market rates on account of uprooting and incidental hardships to the person whose land is being aquired. keeping multicropped irrigated land out of the purview is best thing that has come out in this draft. How to send the views to the Minister for consideration.
Keep it simple.. how can we progress if our agricultural needs are not fulfilled?? it is stupidity to acquire fertile lands and develop colonies.. if this continues food crisis will happen which is very evident in today's scenario.. DO NOT ACQUIRE fertile land.. Do a survey of the area and select barren land and develop colonies and projects there.. we have to do sustainable development..
One time settlement is not a solution; farmer must have share in proportion to his land in development project.
Ensuring a small participation to landlords while acquiring lands for development purpose may be a justifiable act to the society. For example, when we aquire hundred acres from fifty landlords ensure atleast ten acres of land for these landlords as a single segment within the prime part of the project!
Hindu edit has pointed out many lacunae in draft land acquisition bill.Dump colonial Land Acquisition Act1894! Proposed bill should clarify 'public purpose' for acquition of land. As regards acquisition of land for private companies willing to set up units, bill must leave method of acquistion on them.They should bargain farmers and landowners concerned and buy lands for setting up industries.They must pay adequate amount and rehabilitation package to farmers,whose lands they want to acquire!Corporates,multinationals,industrialists invest huge money to set up units and create assets they must spend true value of lands.Valuation of lands must be perspective. Forest lands of tribal must be earmarked to save them from exploitation. Rehabilitation and adequate compensation must be taken into consideration. Proposal for taking lands and using for the purpose must be clear.If use is not for the purpose,lands must be returned!Bill must be enacted soon! blog www.kksingh1.blogspot.com
No farm land should ever be acquired for any "Other Developmental Purposes" because even agricultural land is also helping the economy to grow , as in the USA now , if one is to start counting the green notes again , she or he has turn back to farming. Even the Tata Singur project ought to have been around the town of kharagpur in Bengal. Which is only 120 kms from Calcutta and the seaport of haldia is even near. I guess sometimes even the likes of Ratan Tata ought to be wiser and not just smart.
I applaud Mr Narayanan Krishnan's views on the subject. Very well put.
Land acquisition act strongly need to be corrected with aims to synchronise Development and Justice to poor people as well as to maintain Enviromental parameters. Bill must be drafted in that manner so Political role can be minimized greater level. I think a Special Tribunal National wise should be formed With all the Executive Power under President and Governors of the state For the Land Acquisition policies Drafting and Implemantation. It must be Free from Local as well as Higher Party Politics.
as rightly pointed out in your editorial , undervaluation of rural agrilands has been taken care of .similar corrections need to be addressed wrt to semiurban & peri urban holdings of citizens without any >ambiguity .
If the purpose of the Land Acquisition Bill is to protect the land owners, it is not good enough because it does not protect owners of small holdings of land who are vulnerable to exploitation by the land mafia. The Lavasa project is an example of this exploitation where the acquisition was first done by individuals who claimed that they acquired it for farming but actually sold it to the developers of Lavasa project for a hefty profit.
Better late than ever.India needs a comprehensive Land Acquisition Act.Do not rush through such an important legislation. A number of important projects are held up on account of delays in Land acquisition.Many cases are pending in courts. Compensation must be based on current market value.Public purpose must be based on a larger perspective and the proper guidelines to be framed to define public purpose.Agricultural lands have to be avoided as far as possible.Deployment of small holders of land owners may face a huge problem.If India has to compete with China on industrialisation we need a progressive legislation on Land Acquisition.Politics should not be the reason.
'There is no end to perfection'-an English proverb correctly says.There must exist a flexibility in the rules as per the people's requirement.A common consensus must be reached because the ultimate aim of any rule is country's welfare. The financial and land loss of the poor people must be minimized at any cost to preserve the faith of people in their govt.
The new Land Acquisition Bill recently introduced in the Parliament will address the major hurdle for developmental activities of the country.The inordinate delay in acquisition proceedings according to the Land Acquisition Act 1894 has hampered the rail line doubling in Kerala. Land should be acquired under Fast Track Project which has been accepted by the Kerala State Government. But the local revenue authorities at the lower level is sabotaging this method for personal gains. Hope the Hindu will support the FAST TRACK Aquistion method in Kerala.
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