Fault lines to the fore in NDA over land bill

July 01, 2015 05:03 pm | Updated November 16, 2021 05:24 pm IST - New Delhi

The contentious land acquisition bill, which proposes amendments to the Land Acquisition Act of 2013, is under examination of a Joint Committee of Parliament. File photo

The contentious land acquisition bill, which proposes amendments to the Land Acquisition Act of 2013, is under examination of a Joint Committee of Parliament. File photo

Fault lines in the NDA over the land bill are visible with three of BJP’s allies - the Shiv Sena, the Shiromani Akali Dal and the Swabhimani Paksha — red-flagging a number of provisions of the proposed legislation.

The contentious bill, which proposes amendments to the Land Acquisition Act of 2013, is under examination of a >Joint Committee of Parliament which is about to conclude its consultation process and consider it clause-by-clause next week.

While the Shiv Sena has, for quite some time, been on record seeking incorporation of a clause providing for 70 per cent consent of farmers in the bill, the SAD and the Paksha have written to the panel headed by S.S. Ahluwalia that “not an inch” of land should be acquired without the consent of farmers.

In its written representation to the JPC, five MPs from the SAD — Naresh Gurjal, Balwinder Singh Bhunder, Sukhdev Singh Dhindsa, Prem Singh Chandumajra and Sher Singh Ghubaiya — said that they firmly believe that land is a priceless asset of the farmers.

“Not even an inch of it should be acquired by the government without the consent of the farmers/land owners.” they said.

The MPs also insisted that land should only be acquired for public sector projects and the “government should not get into acquisition for private entities”.

They added that farmers should not be denied the right to approach court for grievance redressal.

The SAD is a votary of full proof safeguards for compensating not only farmers but also those “dependents on land, including farm labourers”, their MPs wrote.

The Paksha led by Lok Sabha MP Raju Shetty has pitched for “consent of 70 per cent of farmers and five-time compensation” for the acquisition of land for the projects undertaken with public-private partnership for infrastructure development.

The 2013 Land Act provides for four-time compensation on the existing market rate, which has been left unchanged in the NDA’s bill.

The Shiv Sena, the largest constituent of the NDA after the BJP, has 18 MPs in the Lok Sabha and three in the Rajya Sabha while the SAD has four in the Lok Sabha and three in the Rajya Sabha.

Mr. Shetty is the lone MP in the Lok Sabha from his party.

>RSS affiliates including Swadeshi Jagaran Manch, Bhartiya Kisan Sangh, Bhartiya Mazdoor Sangh and Akhil Bhartiya Vanvasi Kalyan Ashram have also opposed the bill and demanded restoration of the consent clause and social impact assessment.

The Paksha also demanded that if the land remained unused for five years after acquisition, it should be returned to its owners. This provision existed in the UPA bill, which has been modified in NDA’s bill.

The Paksha also demanded that the government should not allow the change of purpose for acquisition.

“In the event any change is proposed, government shall notify and the farmer will be entitled for revoking his consent or additional compensation as per market value,” it said while red-flagging the acquisition of fertile land.

“Never acquire the fertile land except for military or high priority projects in the interest of the national interest,” the Paksha said.

Here are the six important facts you need to know about the Land Bill. Source: prsindia.org

1 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 seeks to Amend the Act of 2013 (LARR Act, 2013).
2 The Bill creates five special categories of land use: 1. defence, 2. rural infrastructure, 3. affordable housing, 4. industrial corridors, and 5. infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land
3 The Bill exempts the five categories from provisions of the LARR Act, 2013 which requires the consent of 80 per cent of land ownersto be obtained for private projects and that of 70 per cent of land owners for PPP projects.
4 The Bill allows exemption for projects in these five categories from requiring Social Impact Assessment be done to identify those affected and from the restrictions on the acquisition of irrigated multi-cropped land imposed by LARR Act 2013.
5 The Bill brings provisions for compensation, rehabilitation, and resettlement under other related Acts such as the National Highways Act and the Railways Act in consonance with the LARR Act.
6 The Bill changes acquisition of land for private companies mentioned in LARR Act, 2013 to acquisition for ‘private entities’. A private entity could include companies, corporations and nonprofit organisations.

What does the Ordinance mean ?

For Industries

For Farmers

Ordinance envisages projects in defence, rural housing and industrial corridors as exempt from seeking 80% approval from affected persons.

Farmers' compensation will remain the same — four times the market rate for urban areas, and twice for rural areas.

Private hospitals, educational institutions and hotels will be included under definition of public purpose, and exempt from SIA.

13 statutes that were previously exempted from the rigours of compensation have now been included.

The Ordinance aims to make land acquisition easier for industries, as delays in approvals have restricted growth in industry and infrastructure, according to stakeholders.

Multi-crop land can be acquired for five purposes without consent of affected families: national security, defence, rural infrastructure, industrial corridors and social infrastructure

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