The Bill offers a fair compensation and rehabilitation to land owners in both rural and urban areas
A more consultative and time-consuming but more rigorous process of acquiring land for both government and private purposes was today adopted by the Lok Sabha, replacing an antediluvian law dating back to 1894.
While industry complained that the new law would push up the cost and time-frame of setting up new enterprises, "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012", seeks to give a fair deal to farmers wanting to sell their land to meet industrial needs, especially valuable multicrop land. The policy to be adopted in the case of arable land has been left to the state governments, Rural Development MinisterJairam Ramesh said, after three states – Kerala, Haryana and Punjab, represented to the centre that all land in their state was multicrop and if there was a bar on selling multi crop land to industry, there would be no industrialisation in their state.
Also Read: Things you must know about the Land Acquisition Bill
The Bill also offers industry the option of leasing land from farmers. It offers payment of compensation up to four times the market value in rural areas and two times the market value in urban areas.
The Bill prescribes identification of project affected families through a social impact assessment after which consent of 80 per cent of these families must be taken. This includes people deriving their livelihood from the land in question for three years prior to the acquisition.
Also Read: Land Acquisition Bill aims to address widespread injustices, says Jairam Ramesh
The Bill includes tenants and sharecroppers among beneficiaries for compensation and R & R and provides for application of its clauses with retrospective effect in three circumstances: if land has been acquired by any entity (government or industry) and no compensation has been given; if compensation has been awarded but 50 per cent of the farmers or more have not accepted compensation; and land was acquired five years ago but no compensation has been paid or no possession has taken. These rules will apply to land acquired for Special Economic Zones (SEZs) as well. Whether the land taken back should be returned to the original owners or should be attached to the state government’s land bank has been left to the states.
The Bill says that the much maligned ‘urgency’ clause under which land could forcibly be acquired on grounds of ‘urgency’ would cease to exist, except in cases of defence, national security or natural disasters.
The BJP earlier questioned the Bill on various counts ranging from its urgency clause to the broad definition of public purpose which allows acquisition for almost any private project.
Taking part in discussions on the Bill, BJP leader Rajnath Singh told the Lok Sabha that while the bill sought to protect farm land, it left the final decision to the state government not to farmers.
Farmers group Bharatiya Kisan Union expressed apprehension about the Bill saying that without amendments it would be a disaster for farmers. BKU leader Yudhvir Singh said that circle rates are being considered for compensation which would shortchange farmers.
Activist Medha Patkar told Business Standard that the government has kept itself out of the need to seek people's consent. If the government is to follow PESA Act it would be bound to listen to community organisations. How can it not respect the wish of the people while expecting others to do so? She asked. She also criticised the all cash compensation and relief offered under the Bill. Cash can't compensate loss of livelihood, Patkar said.
A more consultative and time-consuming but more rigorous process of acquiring land for both government and private purposes was today adopted by the Lok Sabha, replacing an antediluvian law dating back to 1894.While industry complained that the new law would push up the cost and time-frame of setting up new enterprises, "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012", seeks to give a fair deal to farmers wanting to sell their land to meet industrial needs, especially valuable multicrop land. The policy to be adopted in the case of arable land has been left to the state governments, Rural Development MinisterJairam Ramesh said, after three states – Kerala, Haryana and Punjab, represented to the centre that all land in their state was multicrop and if there was a bar on selling multi crop land to industry, there would be no industrialisation in their state.
Also Read: Things you must know about the Land Acquisition Bill
The Bill also offers industry the option of leasing land from farmers. It offers payment of compensation up to four times the market value in rural areas and two times the market value in urban areas.
The Bill prescribes identification of project affected families through a social impact assessment after which consent of 80 per cent of these families must be taken. This includes people deriving their livelihood from the land in question for three years prior to the acquisition.
Also Read: Land Acquisition Bill aims to address widespread injustices, says Jairam Ramesh
The Bill includes tenants and sharecroppers among beneficiaries for compensation and R & R and provides for application of its clauses with retrospective effect in three circumstances: if land has been acquired by any entity (government or industry) and no compensation has been given; if compensation has been awarded but 50 per cent of the farmers or more have not accepted compensation; and land was acquired five years ago but no compensation has been paid or no possession has taken. These rules will apply to land acquired for Special Economic Zones (SEZs) as well. Whether the land taken back should be returned to the original owners or should be attached to the state government’s land bank has been left to the states.
The Bill says that the much maligned ‘urgency’ clause under which land could forcibly be acquired on grounds of ‘urgency’ would cease to exist, except in cases of defence, national security or natural disasters.
The BJP earlier questioned the Bill on various counts ranging from its urgency clause to the broad definition of public purpose which allows acquisition for almost any private project.
Taking part in discussions on the Bill, BJP leader Rajnath Singh told the Lok Sabha that while the bill sought to protect farm land, it left the final decision to the state government not to farmers.
Farmers group Bharatiya Kisan Union expressed apprehension about the Bill saying that without amendments it would be a disaster for farmers. BKU leader Yudhvir Singh said that circle rates are being considered for compensation which would shortchange farmers.
Activist Medha Patkar told Business Standard that the government has kept itself out of the need to seek people's consent. If the government is to follow PESA Act it would be bound to listen to community organisations. How can it not respect the wish of the people while expecting others to do so? She asked. She also criticised the all cash compensation and relief offered under the Bill. Cash can't compensate loss of livelihood, Patkar said.
