Wha ta r et hepr osa ndc onsoft heLa ndAc qui s i t i onAc t( 2 01 3 ) Ru r a lDe v e l o pme ntMi n i s t e rJai r am Rame mesh mo mo v e dt h eBi l l r e na me me da s“ Th eRi g htt oFa i rCo mp mp en s at i o na ndT r a n s pa r e nc yi n La ndAc qu i s i t i on,Rehab i l i t at i ona ndRes et t l ementBi l l ,2012 ” . andgo ti tp as s edi nt hey ea r2 01 3i nt h eI n di a nPa r l i a me me nt .
Basics & Context: Land acquisition refers to the process where a government acquires land from land owners for any purpose. Generally, the purpose is related to development projects conducted either by PSUs Public Sector Sector units! or the private sector. Prior to the passage of this "ill and it is yet to become an #ct!, we had the Land #cquisition #ct of $%&' which was imposed in (ndia since the time of "ritish rule. Under this #ct, the government could acquire any land as it wishes to, in the name of )public purpose). *he "ritish had never defined the words )public purpose) in a straightforward manner, which meant that in theory as well as in practice, practice, a government government could acquire acquire land for any any purpose they wanted, wanted, and term their purpose )public purpose). purpose). #fter independence, independence, this practice practice continued whereby whereby (ndian governments, governments, both both at the central central and at the state state level, level, acquired large amounts of land for various +inds of development and infrastructure projects, projects, such as roads, highways, ports air and sea!, power projects thermal, hydro and nuclear! etc. uring $&'- till $&&$, most of these acquisitions had been done by agencies or units in the public sector. #fter $&&$, when liberaliation had ta+en place, most of the land acquisition was done by the government to provide land for the private sector, either for private sector projects infrastructure projects li+e power, roads etc.! but also for housing projects. *here were many issues raised against such land acquisition/ a! 0o one, be it the land owners whose land was acquired mostly farmers!, nor those who may not have owned the land but whose occupations occupations were dependent dependent on the land land acquired mostly mostly agricultural laborers!, laborers!, were were compensated compensated monetarily or otherwise as per this #ct. 0o attempt was made for the rehabilitation or resettlement of those who had been affected by such land acquisition either. b! *here was was no requirement requirement of any prior consent consent of the affected affected parties those those who will will lose their their land and1or their their occupation or be affected by the pollution or environmenta environmentall impacts of these infrastructure projects in future as they live nearby! for constructing any of these projects. c! #lso, land could be acquired with just a notice by the 2ollector within a very short time frame where people who would be affected neither had a chance necessarily to challenge the acquisition legally, nor had a chance to find some alternate occupation or arrangements for their own. *he government could acquire land in a manner it thin+s fit. d! 3ost of the land was acquired in the name of (ndia4s development, but the local people found very little sta+e or benefits in the project. 0ot only were they not given much compensation or rehabilitated, they also did not get employment opportunities which in many cases were promised to them! in the name of development of the area. (n many cases, educated people from outside were able to get these jobs, while the local people did not get any +ind of benefit. 5nce liberaliation liberaliation came in, companies which used to spend on health health and education in in the name of 2orporate 2orporate Social Social 6esponsibility 6esponsibility 2S6! outside the areas areas affected by by their projects, were not willing to spend on health and education of those affected by their own projects the same money. 3any of them refused to ta+e consideration of the e7ternalities li+e pollution pollution imposed by their own projects, while the local people also did not receive any training in many cases to be fit to be employed in these development projects as well, either by the government or the project8owner be it private or public!. *here were huge protests on account of these issues, where people decided to squat illegally on government land because they had been displaced by development projects but were not rehabilitated, resettled and1or adequately compensated in any manner. (n some cases li+e those displaced by the 9ira+ud dam project, there was no rehabilita rehabilitation tion or compensation given of any sort whatsoever to these people. 5n account of protests over the years against many such development projects, projects, be it the protests against *ehri am, those against Sardar Sarovar dam, those against Singur or 0andigram, and many others which failed in preventing land acquisition, there were growing demands from not just the activists, but also to an e7tent from the corporates for a transparent and accountable land acquisition process so that while the people could get adequate compensation and would be suitably rehabilitated, rehabilitate d, corporates do not have to face delays on account of protests against land acquisition. #nd it is in this this conte7t that the the Land #cquisition #cquisition #ct :;$$! was introduced, and finally finally passed yesterday in the the Lo+ Sabha Sabha on :&th #ugust :;$<. 0ow let us analyse the highlights of the bill and also see if these have pros and cons attached to them, Features/Highlights Features/Hi ghlights of t he Bill: 1) When the act applies:
Cons: *he first problem here is with the fact that this act will apply only when a private project developer acquires or purchases land more than $;; acres in rural areas or =; acres in urban areas through a private negotiation with the landowner, or when a private project developer as+s the government to acquire land on his1her1their behalf. So if a private project developer ants to escape this clause! he/she ill ta"e land in #ultiple parcels instead of one$ti#e ac%uisition! hich helps hi# or her escape the application of this ct' *he other big jo+e is that if land has been acquired under si7teen previous acts, this act will not apply. *hese include S>? #ct :;;=!, #tomic >nergy #ct, 2antonments #ct, amodar @alley 2orporation #ct, Land #cquisition 3ines! #ct, 0ational 9ighways #ct, >lectricity #ct and many others. *his list is under 'th Schedule of this bill, and other acts can be added to this bill with just a 2entral govt. notification. (f the intention as to ensure that ac%uisitions in the na#e of Special cono#ic *ones! electricit+ projects or #ining projects should ,e safeguarded fro# the i#pact of this ,ill! hat is the use of such a li#ited ct.) e%uire#ent of consent: (n the original Land #cquisition #ct $%&'!, there was no requirement of any consent from the original landowner in acquiring his1her land. "ut as per this bill, consent of -;A of the landowners is required prior to acquiring land for a )public8private partnership) project, while consent of %;A of the landowners is required prior to acquiring land for a )private) project. Land can be acquired for )public purpose) only, where public purpose refers to a number of development projects/ mining, infrastructure, defence, roads, railways, ports etc. 0ros: his is an i#prove#ent upon the original act! since if the #ajorit+ of the landoners do not agree to the project to ,e esta,lished on their land! a #ajorit+ of the# can unite and oppose the project ,+ not giving their consent' 9ence, a major demand of the protesters has been met to a certain e7tent. he other ,ig achieve#ent is that the definition of 2pu,lic purpose2 is #uch #ore clearer and is related to develop#ent unli"e in the past! here the govern#ent could ac%uire land on an+ pretext hile ter#ing it 2pu,lic purpose2' Cons: *here are some major lacunae even in the +ind of provisions put up. Bor one, a large amount of land is acquired even today by public sector units li+e 0*P2, "9>L or others. Cet, no pu,lic consent is re%uired ,+ pu,lic sector units in ac%uiring land, be it for mining, for power projects, for highway building or for any other purpose. *his is still a failure of this act and the demand of those protesting against the previous act has still not been met in totality. 3) de%uate notice period for ac%uisition of land 0ros: Under the Land #cquisition #ct $%&'!, an )Urgency 2lause) could be used to acquire land overnight without any basis. 9owever, a proper procedure is designed under this bill for both the procedure of acquisition of land and of awarding compensation and rehabilitation and resettlement award by an authority as designated by the government under the bill. 4) Co#pensation for those affected ,+ land ac%uisition: #s per the Land #cquisition #ct $%&'!, nobody affected by the land acquisition process, be they the landowners or those whose occupations were dependent on the land originally or even those whose lives or livelihoods were to be affected by the project for which land is acquired in future for a variety of reasons such as land, water and1or air pollution! would be compensated. *his bill provides a monetary compensation of up to four times the mar+et value in rural areas, and up to two times the mar+et value in urban areas for farmers1landowners. 2ompensation is also to be provided for the mar+et price of the buildings standing on the land, and also a solatium amount is to be provided to farmers in case they are losing standing crops on account of the acquisition process. *he bill also ma+es an attempt at providing non8monetary compensation such as land8for8land for many cases, such as for a landowner when his1her land is acquired for an irrigation project, those who are S21S* landowners and who lose land due to land acquisition for any project, and those whose lands are ta+en away for the process of urbaniation :;A of their land acquired, at a price commensurate with price of acquisition D price of developing the land!. Landowners avail of these provided they are ready to forego a part of their compensation amount in lieu of these facilities. *he bill allows for land to be not only acquired but if required, leased by the landowner so that the landowner can continue to retain ownership while earning money from the project developer, such as in case of renewable energy projects. 0ros: gain! there is an i#prove#ent upon the original act hich did not provide an+ "ind of co#pensation 5#onetar+/non$#onetar+) to those affected ,+ the land ac%uisition process' his ,ill #a"es a start! co#pensating those ho ill ,e affected ,+ land ac%uisition prior to the setting up of the infrastructure or develop#ent project! #onetaril+ and in so#e cases! non$#onetaril+' *he bill also provides land8for8land
compensation in certain cases. #lso, the clause of lease means that the landowner at least need not lose land ownership, although others may lose their livelihoods in the process and have to be adequately compensated and rehabilitated. Cons: *he bill has been criticied mainly on two accounts. First! there is a huge de,ate on account of hether such co#pensation a#ount ould ,e enough or not' #ctivists argue that prior to the coming up of a development project, the mar+et price is quite low particularly in rural areas or semi8urban areas, and so the compensation amount up to ' times the mar+et price! may be too little for a landowner1farmer who is losing his1her livelihood in a big way. 2orporates argue on the other hand t hat this compensation amount is too high particularly in urban areas where the prices may already be very high. *hey also state that once it is announced that a development project is going to be constructed in a particular place, the mar+et price of that land increases significantly for any area rural1urban! and so, the compensation amount would be too high to provide for a private producer or the government. #ctivists however reject this argument by stating that it would be a little share of the overall investment in the project and so would not affect the project budget significantly. Still, a co#pensation of up to onl+ 4 ti#es the #ar"et price see#s lo! and #an+ 6e#,er of 0arlia#ents suggested that this should ,e increased to at least 7 to .8 ti#es the #ar"et price in at least rural areas if not ur,an' Second! those ho ould ,e affected after the esta,lish#ent of the project! the+ have not ,een considered at all in the ,ill although one could say that this was not the primary purpose of the bill, and second, one could address these through proper implementation and enforcement of the environment regulations for air and water if not for land!. *here are issues with those norms though, but for once, this is a secondary problem with the bill itself. here are other issues hoever! such as that co#pensation should not ,e denied/reduced even if land$for$ land is provided! and that those ho are losing their livelihood ,ecause of land ac%uisition should also ,e given #onetar+ co#pensation' hese are #ajor issues hich re#ain unaddressed in this version of the ,ill' lso! concerns ere expressed ,+ a fe 60s! nota,l+ the 9eader of pposition Sush#a Saraj in the 9o" Sa,ha! that #an+ landoners ho ,eco#e rich overnight on getting co#pensation #one+ do not understand hat to do ith this excess #one+ and use it to ,u+ cars and vehicles rather than invest it in so#e productive activit+' hat concern also re#ains' 7) eha,ilitation and esettle#ent: 0ros: ;nder the 9and c%uisition ct 51<=4)! again no provision as there for reha,ilitating or resettle#ent of those ho ould ,e losing their onership of land or livelihoods associated ith the land ac%uired for an+ project' But under this ,ill! a nu#,er of provisions have ,een #ade for reha,ilitation and resettle#ent of all those affected ,+ land ac%uisition in an+ #anner 5loss of onership and/or loss of livelihoods): a! # housing arrangement would be provided for those who either lose their homes built on the land acquired or who have been living on the land but don4t have a home for themselves. 3oreover, those not opting for the house would get a one8time financial assistance for constructing the home of 6s. $,=;,;;;18. b! (n addition to land8for8land as compensation for landowners, those losing their land and1or their livelihoods on account of land acquisition can as+ for one of the following/ employment of at least one person within their family within the project coming up, a one8time monetary compensation of up to 6s. =,;;,;;;18 or annuity of up to 6s. :;,;;; per family per month for up to :; years, inde7ed to 2onsumer Price (nde7 for #gricultural Eor+ers 2P(8#E!. c! # monthly subsistence amount shall be granted to all those families displaced from the land acquired. *his amount would be up to 6s. <,;;;18 per month for a year from the date on which the #ward is given. S21S* families displaced from Scheduled #reas will receive 6s. =;,;;;18 for subsistence. d! >ach affected family will receive a transport amount of up to 6s. =;,;;;18 one8time for transport of all necessary things to the place of rehabilitation and resettlement. #lso, those losing a cattle shop or petty shop will be paid a minimum of 6s. :=,;;;18 per one such shop they lose. e! *hose whose land has been acquired against their wish and who belong to a family having artisans, small trader or self8 employed family and who are affected by land acquisitions, their families shall receive a minimum of 6s. :=,;;;18 each as compensatory8cum8rehabilitation allowance. f! # one8time )6esettlement #llowance) of 6s. =;,;;;18 will be granted. g! Bishing rights would be allowed as per government notification for those whose fishing activities would be affected by the construction of hydro power or irrigation projects. h! Land allotted to those who have opted for it will be jointly registered in the name of husband and wife and would be free from
all encumbrances. i! Special provisions have ,een #ade for SC/S fa#ilies hose land is appropriated under this ct' # evelopment Plan will be formulated side8by8side with the acquisition process, with the plan focusing on giving these families title rights to land to be given to them, a plan for development of alternative fuel, fodder and non8timber forest produce on non8 forest land on which they will be settled. 3oreover, in cases where the Gram Sabha under P>S# Schedule @! has consented to land acquisition, all S21S* affected families will be paid one8third of compensatory amount in the first installment, and two8 thirds after the land is acquired. Land given to these families would be given as per government notification with a part to be given for free for their community activities. 0ot to forget, if land acquisition is done on behalf of a 6equiring body or if the S21S* family has to be rehabilitated outside their original district, then an additional :=A of the compensatory amount shall be paid to such families as )6ehabilitation and 6esettlement #llowance.) j! Binally, 6eservation benefits shall continue to be enforced for such families and moreover, all entitlements or acts enjoyed by them prior to land acquisition on their original owned land will continue to be enjoyed by them after land acquisition when they are rehabilitated elsewhere, even if the area they currently live in does not enjoy those rights, such as P>S# Schedule @!. *hese are of course, huge advantages, considering the +ind of benefits which have been bestowed on not just S21S* families but in general on landowners and land8affected people. (n addition, the government has prepared a list of amenities which have to be provided and whose cost has to be borne by the project developer, to those being resettled and rehabilitated/ roads within the resettled villages and an all8weather road lin+ to the nearest pucca road, passages and easement rights for all the resettled families be adequately arrangedF Proper drainage as well as sanitation plans e7ecuted before physical resettlementF one or more assured sources of safe drin+ing water for each family as per the norms prescribed by the Government of (ndia graing land as per proportion acceptable in the State and many more as mentioned in Schedule ((( of the #ct. (n other ords! a huge nu#,er of ,enefits are laid out to ,e enjo+ed ,+ those ithin this ct' hen are there an+ cons- >es' Cons: First of all! there is no #a"ing of these provisions as #andator+! and the project developer can sa+ that he/she is not in a position to do so ith reasons! the project developer is not #andated reall+ to provide these provisions' Second! there is no clear idea of the ti#eline under hich these facilities are to ,e provided' Bor e7ample, amendments were moved by various 3Ps that these facilities should be made ready at least si7 months prior to actual land acquisition so that those who will be displaced or affected can be sure if the amenities provided for them are adequate or not, and if not satisfied or if having genuine grievances, can as+ for a redressal of these prior to actual land acquisition. 0one of those were accepted and added in the bill. ?) Social (#pact ssess#ent: 0ros: # major point in this bill is that on the lines of >nvironmental (mpact #ssessment done prior to obtaining >nvironment 2learances from 3o>B, this bill requires that a Social (mpact #ssessment be done by an >7pert Group appointed by the respective State government. *he >7pert Group can as+ for land acquisition not to be done provided it is satisfied that the project is not in public interest, the costs outweigh the benefits or it does not serve the stated public purpose. *he >7pert Group has to assess the impact of the project on various things such as graing land, transport, housing, lives of people, their occupations, their ownership, their economic conditions, physical infrastructure drainage, roads, water availability, sanitation etc.! and many other things. # public hearing must also be held prior to the final S(# report formed, which should also include the minutes of the hearing. @) c%uisition of 6ulti$Cropped 9and: 0ros: 5nly in e7treme circumstances, where multi8cropped land has to be acquired at any cost, only =A of the total multi8cropped land in the district can be acquired and not more. 5therwise, multi8cropped land should not be acquired. *his is done for the purpose of ensuring that food security needs are not threatened. his is ,etter co#pared to alloing #ulti$cropped land ac%uisition in an+ case hatsoever'
