Land Acquisition, Rehabilitation and Resettlement Bill, 2011
- The Lok Sabha on 29 August
2013 passed the Land Acquisition, Rehabilitation and Resettlement Bill, 2011,
also called the Land Acquisition Bill. The bill was passed by a majority of 216
votes out of 235 votes.
Aim of
the Bill
- The aim of the bill is providing fair compensation
to people whose land has been taken away for setting up the buildings or
factories. The aim of the bill is to bring in more transparency to the process
of land acquisition, thereby bringing assurance of rehabilitation to the
affected people.
Primary
Features of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011
- The Bill established new rules and regulations
for compensation of the land acquired for industry as well as infrastructure
projects.
- The Land Acquisition, Rehabilitation and
Resettlement Bill, 2011 stipulates mandatory consent of minimum 70 percent for
acquisition of land for the Public Private Partnership (PPP) projects, as well
as 80 percent for acquisition of land for the private companies.
- The Bill seeks for compensation of around 4
times the market value of the land in rural areas as well as two times the
value in the urban areas.
- The Bill includes a total of 107 clauses.
- The Bill will provide protection to the
farmers as well as the rights of the farmers.
- The Land Acquisition, Rehabilitation and
Resettlement Bill, 2011 replaced the century-old India's Land Acquisition Act
of 1894 which had various shortcomings.
- The new Land Acquisition Bill will apply when
Government will acquire the land for its own control, hold or use; or when the
Government will acquire the land for transferring it to use of private
companies for stated public purpose. The bill will also apply in case the
Government acquires the land for the purpose of immediate and declared use by
private companies for public purpose.
- The Bill, after being enacted into law, will
affect the rural Indian families who have farms as their primary source of
livelihood. The Bill will also have an effect on the urban households where
land is acquired for industrialisation and urbanisation.
- The Bill however, exempts the land acquisition
for the linear projects like ports, railways, irrigation canals as well as
highways.
- In order to safeguard the food security as
well as for preventing the arbitrary acquisition, the Bill also directs all the
states for imposing the limits on those areas which are under the agricultural
cultivation and can still be acquired.
- In the case where the land is not utilised
even after acquisition, the Bill empowers all the states to return such a land
either to the State Land Bank or to the owner.
- The Bill also proposed that no land can be
acquired in the Scheduled Areas without Gram Sabhas’ consent.
- The Bill proposed that no person shall be
dispossessed unless all the payments have been made as well as alternative
sites for purpose of rehabilitation and resettlement have been prepared.
- The Land Acquisition, Rehabilitation and
Resettlement Bill, 2011 proposed several benefits such as land for employment,
land, housing as well as annuities, which will accrue apart from one-time cash
payments to people whose land has been acquired.
- Under the law of this new Bill, Wakf land will
not be acquired.
CONCLUSION
- though it is a
right step but polititical reconciliation and cood among various agencies
responsible for implementation of the law coupled with stake holders/farmers
participation in acquisition is a matter
to watch in future.
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