Land Acquisition, Rehabilitation and Resettlement Bill 2011: The principle objective of the new Bill is fair compensation..

Land Acquisition, Rehabilitation & Resettlement Bill 2011..

The title of the old law conveyed that its primary purpose was to expedite the acquisition of land. However, the principle objective of the new Bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition.

The title has been amended to reflect this.

aa The Title of the New Bill conveys the Congress led UPA Government’s determination to address widespread and historical injustices that occur in the wake of land acquisition by establishing strong legal prerequisites that need to be discharged first.

There is unanimity of opinion across the social and political spectrum that the current Law (The Land Acquisition Act 1894) suffers from various shortcomings.

Some of these include:

aa Forced Acquisitions..

 Under the 1894 legislation once the acquiring authority has formed the intention to acquire a particular plot of land then then it can carry out the acquisition regardless of how the person whose land is sought to be acquired is affected.

aa No Safeguards..

 There is no real appeal mechanism to stop the process of the acquisition. A hearing (under section 5A) is prescribed but this is not a discussion or negotiation. The views expressed are not required to be taken on board by the officer conducting the hearing.

aa Silent on Resettlement & Rehabilitation of those displaced..

 There are absolutely no provisions in the Bill relating to the resettlement and rehabilitation of those displaced by the acquisition.

aa Urgency Clause

 This is the most criticised section of the Law. The clause never truly defines what constitutes an urgent need and leaves it to the discretion of the acquiring authority.

As a result almost all acquisitions under the Act invoke the urgency clause. This results in the complete dispossession of the land without even the token satisfaction of the processes listed under the Act.

aa Low Rates of Compensation..

 The rates paid for the land acquired are the prevailing circle rates in the area which are notorious for being outdated and hence not even remotely indicative of the actual rates prevailing in the area.

• Litigations..

 Even where acquisition has been carried out the same has been challenged in litigations on the grounds mentioned above. This results in the stalling of legitimate infrastructural projects.

aa Recent Observations by the Supreme Court: Justice Ganpat Singhvi of the Supreme Court of India has observed, in the wake of repeated violations that have come to light over the last few months, that the Land Acquisition Act 1894 has “become a fraud”. He further observed that the law seems to have been drafted with “scant regard for the welfare of the common man”.

aa Another bench of the Hon’ble Supreme Court has echoed this sentiment in its observation that

“[T] he provisions contained in the Act, of late, have been felt by all concerned, do not adequately protect the interest of the land owners/persons interested in the land.

    The Act does not provide for rehabilitation of persons displaced from their land although by such compulsory acquisition, their livelihood gets affected …To say the least, the Act has become outdated and needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.

Central Govt. We expect the law making process for a comprehensive enactment with regard to acquisition of land being completed without any unnecessary delay.”

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