Land acquisition process, rural development minister Jairam Ramesh has cleared a draft bill for public comments. The minister's land acquisition and rehabilitation bill will be up on the ministry website just a fortnight into his term at Krish Bhawan. The Bill proposes a compensation of more than six times the circle rate of land, acquired for industrial and real estate projects. This is in line with the recommendations of the National Advisory Council but given the time constraint is unlikely to be cleared by Parliament in the next monsoon session.
The Bill sticks to the National Advisory Council (NAC) script in its other major recommendations which is mandatory consent for atleast 80% of the affected people as a pre-requisite for commencing land acquisition.
Since land is a concurrent subject, the Act will however have only an advisory status unless accepted by the state legislatures.
The new bill also proposes compliance with all existing laws on tribal welfare. The bill has also suggested inflation linked annuity to those who had given up their land. The bill also suggests that if the acquired land belongs to a tribal person, then an additional compensation would have to be worked out. Besides the Bill would also have separate norms for land acquired around urban and rural areas.
After a final meeting with NAC members and other key ministry officials. Jairam gave the final touch to the bill which for the first time combines both land acquisition and rehabilitation under one law.
This would be the second attempt by the UPA government to formulate a national policy on land acquisition after series of violence protests against forceful occupation of land for industries were reported from Uttar Pradesh, Orissa, West Bengal, Maharashtra and other states in the last few years.
Earlier the National Rehabilitation and Resettlement Policy, 2007 were passed by the Lok Sabha in February 2009 and had been tabled in the Rajya Sabha subsequently. However, both bills lapsed with the dissolution of the 14th Lok Sabha.
The Bill sticks to the National Advisory Council (NAC) script in its other major recommendations which is mandatory consent for atleast 80% of the affected people as a pre-requisite for commencing land acquisition.
Since land is a concurrent subject, the Act will however have only an advisory status unless accepted by the state legislatures.
The new bill also proposes compliance with all existing laws on tribal welfare. The bill has also suggested inflation linked annuity to those who had given up their land. The bill also suggests that if the acquired land belongs to a tribal person, then an additional compensation would have to be worked out. Besides the Bill would also have separate norms for land acquired around urban and rural areas.
After a final meeting with NAC members and other key ministry officials. Jairam gave the final touch to the bill which for the first time combines both land acquisition and rehabilitation under one law.
This would be the second attempt by the UPA government to formulate a national policy on land acquisition after series of violence protests against forceful occupation of land for industries were reported from Uttar Pradesh, Orissa, West Bengal, Maharashtra and other states in the last few years.
Earlier the National Rehabilitation and Resettlement Policy, 2007 were passed by the Lok Sabha in February 2009 and had been tabled in the Rajya Sabha subsequently. However, both bills lapsed with the dissolution of the 14th Lok Sabha.
Usually the enhanced compensation awarded by courts is received by the dispossessed after more than 10 years. By then the value of land acquired would have increased several fold and the claimant would have died. Had the full value been received at the time of dispossession, it would have fetched cumulative returns even from bank deposits. Specific provisions may therefore be incorporated in the Proposed Bill, compensating for such delay and for bringing clarity to the mode of computation of compensation.
ReplyDeleteTherefore :
In Section 43 (2) of the draft Bill –
After the words – “award an amount calculated”- the words - “on yearly capitalised cumulative basis” shall be inserted.
In Section 43 (3) of the draft Bill –
After the words – “of the land as above provided” - the words and figures - “including Section 43(2)” shall be inserted.
In Sections 46 and 53 of the draft Bill –
Before the word – “interest”- the words “yearly compounded” shall be inserted wherever applicable.
After section 74 of the draft Bill, the following section shall be inserted, namely:—
75. Where a reference under Section 18 of the Land Acquisition Act, 1894 or an Execution Petition thereon, is pending at any stage or an award under Section 26 thereon remains unsettled at any stage under the Act on the date of commencement of the NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011, then the amount of compensation payable to the entitled person shall be determined on the basis of the provisions of the draft Bill.”.
Explanation. - In computing compensation payable under this sub-section, Sections 23(1), 23(1-A), 23(2), 28 & 34 of the Land Acquisition Act, 1894 shall be substituted respectively by Sections 43(1), 43(2), 43(3) , 46 & 53 of the NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011.
Usually the enhanced compensation awarded by courts is received by the dispossessed after more than 10 years. By then the value of land acquired would have increased several fold and the claimant would have died. Had the full value been received at the time of dispossession, it would have fetched cumulative returns even from bank deposits. Specific provisions may therefore be incorporated in the Proposed Bill, compensating for such delay and for bringing clarity to the mode of computation of compensation.
ReplyDeleteTherefore :
In Section 43 (2) of the draft Bill –
After the words – “award an amount calculated”- the words - “on yearly capitalised cumulative basis” shall be inserted.
In Section 43 (3) of the draft Bill –
After the words – “of the land as above provided” - the words and figures - “including Section 43(2)” shall be inserted.
In Sections 46 and 53 of the draft Bill –
Before the word – “interest”- the words “yearly compounded” shall be inserted wherever applicable.
After section 74 of the draft Bill, the following section shall be inserted, namely:—
75. Where a reference under Section 18 of the Land Acquisition Act, 1894 or an Execution Petition thereon, is pending at any stage or an award under Section 26 thereon remains unsettled at any stage under the Act on the date of commencement of the NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011, then the amount of compensation payable to the entitled person shall be determined on the basis of the provisions of the draft Bill.”.
Explanation. - In computing compensation payable under this sub-section, Sections 23(1), 23(1-A), 23(2), 28 & 34 of the Land Acquisition Act, 1894 shall be substituted respectively by Sections 43(1), 43(2), 43(3) , 46 & 53 of the NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011.