Things you must know about the #LandAcquisitionBill & What is it ? Only Imp Point Mentioned. The Bill will replace the existing Land Acquisition Act, 1894. # What is public purpose for which land can be acquired? --- Public purpose includes strategic use by military, air force, navy, armed forces, paramilitary, national security, defence of India and state police, infrastructure projects including all activities listed under department of economic affairs (infrastructure section) excluding private hospitals, private schools, private education institutions and private hotels. Projects related to industrial corridor, mining activities, national investment and manufacturing zone, sports, health care, tourism and space programme, housing projects for income groups specified by government, projects planned for development of village sites, residential areas for lower income groups in urban areas; projects involving agro-processing, warehousing, cold storage, marketing infrastructure, dairy, fisheries, meat processing cooperative. - Problematic clauses: 1. The urgency clause in the Bill allows the Government to acquire land ignoring all the pre conditions set for acquisition in the Bill. 2. Clause 63 in the Bill forbids the land owner to contest any decision of the state. 3. No guarantee to jobs in R & R package 4. Compensation calculated as per circle rates which is much less than market rate. 5. No protection to farm land as decision on acquiring farm land left to state 6. No guarantee that unused land is returned to land owner if he repays compensation # What is the compensation package offered? 1. Bill proposes the payment of compensation that is up to 4 times the market value in rural areas and 2 times the market value in urban areas. 2. In addition to those losing land, the Bill provides compensation to those who are dependent on the land being acquired for their livelihood. 3. Where acquired land is sold to a third party for a higher price then 40% of the appreciated land value (or profit) will be shared with the original owners. And this would be exempt from tax and stamp duty. # What is the R & R package? --- A Land Acquisition and Rehabilitation and Resettlement Authority shall be established for settling any disputes relating to the process of acquisition, compensation, and R&R.The definition of affected family includes farm labourers, tenants, share croppers and workers in the area for three years prior to acquisition. 1. Houses for all affected families 2. Either a sum of Rs 5 lakh or a job if available to affected family 3. Subsistence allowance of Rs 3000 a month, for one year. 4. Miscellaneous allowances of upto Rs 1.25 lakh each family. # Why industry is upset: Industry feels that the Bill would slow down the land acquisition process as the SIA and EIA and consent seeking would not happen simultaneously. They are concerned that the compensation would raise costs of projects five fold. Industry also disagrees with the retrospective clause. Retrospective clause: The Bill applies retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act. - Lease option: The Bill allows the industry to take land on lease rather than get it acquired. But the decision on this rests with the state rather than the land owner. - Multi cropped farm land: The Bill seeks to keep out irrigated farm land from acquisition for non farm uses. But it leaves it to the state to decide to what extent farm land should be protected. *NOTE The farmer does not have any say in the matter.
Posted on: Thu, 29 Aug 2013 17:00:54 +0000
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