Land Acquisition Bill (UPSC Indian Polity)
Land acquisition in the country India is basically a process in which the union and the state government of the country is trying to acquire any private land owned by any person for the purpose of industrialization and for the development of infrastructure and other facilities or urbanization working on providing excellent facilities using the private land and instead provide compensation or any nominal charges to the affected land owners of the private land and rehabilitating them or changing their stay location basically resettling them.
Land acquisition in India is working under the governance by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) which came into force on 1 January of the year 2014 and until the year of 2013 land acquisition in India was working under the governance of the act passed in the year 1894( Land Acquisition Act of 1894). But On the 31st December of the year 2014 the President of India initiated an ordinance with an official mandate to “meet the twin objectives one of them is the farmers welfare and prosperity ad to provide them with the best of the best compensation and secondly is to have a strategic and effective development to lead to the urbanization of the place and for the industrial development and full use or optimum utilization of the land acquired In the best possible ways to benefit all the parties of the deal.
An amendment bill was then introduced in Parliament to endorse the Ordinance. Lok Sabha passed the bill but the same bill is yet kept awaited by the other house in function “Rajya sabha” and On the 30th of May of the year 2015, President of India promulgated the amendment ordinance for the third time for the land acquisition bill .
Union Government of India made and also notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and for the Resettlement Rules, 2014 under the Act to regulate the procedure. The land acquisition bill in Jammu and Kashmir is governed by the Jammu and Kashmir Land Acquisition Act, 1934 cause the state is an independent identity and is not ruled by any government rule or constitution of a country.
Objectives of the LARR
According to the Act the union or state governments can acquire lands for its utilization for the development of industrialization and urbanization and hold as well as control that includes for public sector undertakings and for the welfare of the public and shall include the following purposes:
- For strategic purposes relating to basically to the combined forces of the naval, military, air force and armed forces of the Union and also including the central forces or any work which is very important for the national security and defence of India which also may include the State police and for safeguarding purpose of the people.
- For the development of the infrastructure projects as mentioned under the Act.
- Launching of the new projects or plans for those families affected by the project or plans initiated by the government.
- Projects planning and providing for housing facilities for some income groups which may be specified from time to time by the appropriate Government and notified by the government.
- Project for planning the development or the improvement of rural and village sites and locations or any other site in the semi-urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas.
- Project for residential purposes to the poor and backward or to the landless people or to persons residing in those areas which are affected by natural calamities or to persons displaced or affected by reason of the implementation of any scheme which is undertaken by the Government or any local authority or either by any corporation owned or controlled by the State.
The land can be acquired for private bodies for certain purposes:
- For public-private partnership projects, where the ownership of the land continues to be with the Government and for public purpose as defined under the act.
- For private companies and for the public purposes.
* Major Indian infrastructure projects have received a compensation wherein the government has paid about INR 2800 crores which are approximately (US$500 million) for the Yamuna expressway project for land or over US$25,000 per acre between the year of 2007 and the year of 2009.
* According to The Financial Times, in the year of 2008, the farmland prices in the country of France were in the Euro rate was 6,000euors per hectare $2,430 per acre which is INR Rs. 1,09,350 per acre.
* The compensation for the acquired land is based on the value of the agricultural land, however, price increases have been ignored. The land value would increase many times, which the current buyer would not benefit from . Secondly, if the prices are left for the market to determine, the small peasants could never influence the big corporate giants Also it is mostly judiciary who has awarded higher compensation than bureaucracy.
* The land acquisition bill was lately too much in discussion and had become a vital topic all over the country. There have been a rising number of political and social protests against the acquisition of land by various industrialists and business giants.
One of the best alternatives to the land acquisition proposals and suggestions offered was to basically lease the land from the landowners for a particular lease period that will be decided by the mutual consent . Proponents cite how land acquisition policies by Governments unwittingly encourage rampant land speculation making the projects expensive since a huge portion of investment would need to be allocated for land acquisition costs too!
So here it is about the land acquisition bill Which one should know.