Thursday 29 August 2013

Lok Sabha debates Land Acquisition Bill

Rural Development Minister Jairam Ramesh moved the Land Acquisition Bill in the Lok Sabha on Thursday.

The House has now started debating the Bill that seeks to give fair compensation to those who lose their land.

Earlier, the key legislation could not be taken up for debate immediately after being tabled as the Opposition demanded Prime Minister Manmohan Singh’s statement on the falling Rupee. An uproar over the same had earlier also led to the adjournment of the Lower House till 12 noon.

The Land Acquisition Bill is another pet project of the UPA leadership and aims to provide "just and fair" compensation to families whose land has been acquired for industrial purposes.

The Bill, renamed as "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012", was tabled in the Lower House just days after it cleared another key legislation - the Food Security Bill.

The Land Acquisition Bill proposes payment of compensation that is up to four times the market value in rural areas and two times the market value in urban areas.
The Bill also aims at making affected persons partners in development, leading to an improvement in their post- acquisition social and economic status.

Ramesh had earlier said that the proposed legislation shows government's determination to address "widespread and historical injustices".

This has been done by establishing strong legal prerequisites that need to be discharged first while acquiring land.

The Bill will replace over a century-old Land Acquisition Act, 1894, which suffers from various shortcomings, including silence on the issue of resettlement and rehabilitation of those displaced by the acquisition of land.

Besides, it had the much criticised 'Urgency Clause' which never truly defines what constitutes an urgent need and leaves it to the discretion of the acquiring authority.

Apart from this, it provided low rates of compensation.
The Bill is being brought for consideration and passage after two all-party meetings, which made the government accept five key amendments suggested by BJP leader Sushma Swaraj and Left parties.

The Union Cabinet had approved the amendments amid the government's efforts to create broad-based political consensus on the key legislation.

Among the amendments approved by Cabinet was the one suggested by Swaraj that instead of acquisition, land could be leased to developers so that its ownership remain with farmers and provide them regular annual income.
Swaraj had also suggested provision for payment of 50 per cent compensation to original owners whose land was purchased after introduction of the Bill in Lok Sabha in September 2011.

Moving out of its way to create political consensus on the Bill, the Cabinet also agreed to this suggestion.

The Bill ensures that farmers get a fair deal and that there is no forcible acquisition of their land.

In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires consent of no less than 70 per cent and 80 per cent respectively (in both cases) of those whose land is sought to be acquired.

"This ensures that no forcible acquisition can take place," Ramesh said.
According to Rural Development Ministry officials, this will be the very first law that links land acquisition with accompanying obligations for resettlement and rehabilitation.

"Over five chapters and two entire Schedules have been dedicated to outlining elaborate processes (and entitlements) for resettlement and rehabilitation," an official said. 

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