Opinion The second draft of land history

In its earlier attempt to replace the 1894 Act,the UPA passed two separate bills — the Land Acquisition (Amendment) Bill and the Resettlement and Rehabilitation Bill — in February 2009,after which both the bills lapsed following the Rajya Sabha’s inability to pass them. However,the LARR law will not supersede 16 other Central laws for land acquisition. Sections 97 and 98 of LARR say that it “shall be in addition to” and “shall not apply” to existing Central laws governing acquisition for specific sectors like mining,SEZs,etc.

* How does the draft impact state-level laws?

The bill allows all states to enact any related law or policy,provided they do not contradict or reduce the LARR bill’s entitlements. Thus any state can offer higher compensation,or make provisions for rehabilitation and resettlement which go beyond those provided for under the bill.

Additionally,the proportion in which states can acquire land for private parties has been left entirely to their discretion. The only condition is that the land acquisition provisions of LARR 2011 will apply to that part of the land that is acquired by the state government,and its R&R provisions will apply to all of the land already purchased by the private party — as well as the remaining part of the land to be acquired by the state government.

* When would the new rules be triggered?

Both acquisition and R&R provisions will be triggered when the government acquires land for its own use,hold and control. This includes land acquired for projects developed by the private sector for “stated public purpose,” including PPP projects — other than for highway projects. However the land purchase can take place only if 80 per cent of project-affected families give prior informed consent.

The R&R provisions will apply also when private companies buy land for a project of over 100 acres in rural areas,or over 50 acres in urban areas.

* What are the provisions for compensation? What is the minimum R&R package?

Minimum compensation would be four times the market value. An earlier draft proposed six times of market value as demanded by the National Advisory Council. Jairam Ramesh has said that the cost of acquiring land would rise significantly if that provision is implemented.

For landowners,the bill has provided for a subsistence allowance of Rs 3,000 per month per family for 12 months. Affected families will be entitled to a job for one family member; or Rs 5 lakh per family; or Rs 2,000 per month for 20 years,indexed to inflation. The bill also provides for awarding one acre of land to each family in the command area,if the land is being acquired for an irrigation project.

* Are there special provisions for multi-cropped land,and for SCs/STs?

The draft allows the acquisition of only 5 per cent land of a district’s multi-cropped land,and only as a “last resort”; an equal area of wasteland within the district will have to be developed. The earlier version did not allow the acquisition of any multi-cropped land.

Land-losing SC and ST families will be offered 2.5 acres of alternative land; the earlier version had set aside 5 acres.

* What safeguards exist for land already acquired?

As suggested by West Bengal Chief Minister Mamata Banerjee,the bill says that,if the land acquired is not used for the stated purpose within 10 years,it will not be returned to the original owner,but become part of that state’s land bank. The bill further stipulates that “no change from the purposes specified in the land use plan submitted at the time of land acquisition” will be allowed. No change of ownership without specific permission of the appropriate government authority will be allowed,either.

sandip.das@expressindia.com