Demand for land has gone up
drastically over the past few years, due to rapid infrastructural development, setting
up of new industries and mining plants, and fast urbanisation including real
estate. Before 1990, land was acquired by government for clear public purposes;
yet, the last two decades have seen an boost in land acquisition for private
industry and real estate—which is solely driven by profit motives. In many
cases, the acquisition has been forced and without paying landowners adequate
compensation. And because the present Land Acquisition Act, 1894 has been quite
hostile to the interests of the landowner, the acquisition of land has
increased conflicts. The problem thus, warrants fundamental changes in the
present Land Acquisition law. The Ministry of Rural Development, Government of
India, in consultation with the National Advisory Council (NAC), introduced a
new Bill in the Parliament in 2011 to address this problem. The salient
features of the Bill are:
(1) In case of land acquisition by government for public sector companies, or PPP projects, or for private companies for the production of public goods or provision of public services, written consent of at least 80% of the project affected people (including agricultural labour, tenant, etc.) is necessarily to be taken through a prior informed process; compensation of the land, as has been stipulated in the Bill, should be to a minimum of four times the present registered value for land in rural areas and double in urban areas, excluding solatium; provision for guaranteed compensation in future, for at least twenty years, to the original landowner over further escalation in the prices of the land.
(2) All project-affected people, irrespective of their areas of acquisition, who lose their livelihood would be entitled for R&R package which includes Subsistence Allowance of Rs. 3,000 pm per family for over 12 months; one time Resettlement Allowance of Rs. 50,000; Rs. 50,000 for transportation; allotment of constructed house in case of house loss in rural as well as urban areas, or equivalent cost in lieu of the house; allotment of one acre of land in lieu of land acquired for irrigation project; a job or Rs. 5 lakh per family or Rs. 2,000 pm for 20 years per family will be provided to the displaced landowner; and
(3) Fixed timeline for awarding compensation. Moreover, there are many other changes in the Bill which will help in safeguarding landowner’s interests.
(1) In case of land acquisition by government for public sector companies, or PPP projects, or for private companies for the production of public goods or provision of public services, written consent of at least 80% of the project affected people (including agricultural labour, tenant, etc.) is necessarily to be taken through a prior informed process; compensation of the land, as has been stipulated in the Bill, should be to a minimum of four times the present registered value for land in rural areas and double in urban areas, excluding solatium; provision for guaranteed compensation in future, for at least twenty years, to the original landowner over further escalation in the prices of the land.
(2) All project-affected people, irrespective of their areas of acquisition, who lose their livelihood would be entitled for R&R package which includes Subsistence Allowance of Rs. 3,000 pm per family for over 12 months; one time Resettlement Allowance of Rs. 50,000; Rs. 50,000 for transportation; allotment of constructed house in case of house loss in rural as well as urban areas, or equivalent cost in lieu of the house; allotment of one acre of land in lieu of land acquired for irrigation project; a job or Rs. 5 lakh per family or Rs. 2,000 pm for 20 years per family will be provided to the displaced landowner; and
(3) Fixed timeline for awarding compensation. Moreover, there are many other changes in the Bill which will help in safeguarding landowner’s interests.
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