Parliamentary Committee seeks public suggestions on Land Acquisition Bill

New Delhi: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment Bill, 2015) pending in the Lok Sabha has been referred to a Joint Parliamentary Committee of both the Houses under the Chairmanship of S.S.Ahluwalia. The commit will examine the Bill and present a report to the Parliament, a PIB communique said.

The government has decided to seek the views and suggestions from various public bodies, organizations, associations, individuals and other stakeholders after it faced tough resistance in both the house of Parliament for the smooth passing of the bill.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment Bill, 2015) have been uploaded on the Lok Sabha Website (http://164.100.47.134/committee/other commiittees.aspx), the release said.

All those desirous of submitting their views/suggestions to the Committee may send two copies of their written Memoranda/suggestions either in English or Hindi on the subject to Joint Secretary(RS), Lok Sabha Secretariat, Room No. 328, Third Floor, Parliament House Annexe, New Delhi-110001 or Fax at 23018865 or e-mail them at jc.landbill@sansad.nic.in by June 8, 2015.

The Memoranda submitted to the Committee would form part of the records of the Committee and would be treated as Confidential and would enjoy privilege of the Committee. Those who wish to appear before the Committee, besides submitting Memoranda, are also requested to specifically indicate so. However, the Committee’s decision in this regard shall be final, the communique further stated.

SC nods revocation clause in land acquisition law

A Supreme Court order on the new land acquisition law will have a long-term effect on those whose land has been acquired but who have not accepted compensation and gone to court, and where the matter is still pending, reports Business Standard.

The order relates to compensation under Clause 24 or the ‘retrospective’ clause for land acquired by private parties or the government. The new law -- the formal name is Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 -- says if for five years after acquisition the owners of the land refused to accept compensation, the acquisition could be set aside.

In pursuance of this, 18 appeals were filed before the SC, invoking application of the clause. In all of these, five or more years had passed since the acquisition award under section 11 of the Land Acquisition Act, 1894, and the applicants/petitioners had refused to accept the compensation. Given the new rights in the legislation, allowing pending litigation to be reviewed and retrospectively annulled, these parties approached the SC.

In this litigation, the acquiring authority (Pune Municipal Corporation) argued it had deposited the amount in the state government treasury, in fulfilment of its obligations on compensation. This has been the standard procedure in acquiring land when the owners refuse to part with it.

Last Friday, the SC ordered that in accordance with the new law, compensation would only be deemed to have been paid if it had been deposited with a court dealing with the matter and after having been offered to the individual concerned. In this case, the compensation had only been deposited in the treasury.

As a result, compensation could not be deemed to have been paid and the acquisition was considered to have lapsed, the order said. It made no comment on the fairness or otherwise of the amount of compensation; only, that the process to acquire land had not been followed. It merely said the compensation was inadequate because it did not include interest that had accrued while the compensation was lodged in the government treasury.

The implications are multifarious. If structures have been built on the acquired land, whose property will these be? How will these be valued? Will the land need to be returned or will arbitration have to take place? This order will mean many more cases of acquisition are likely to be reopened through the courts.

The Union ministry of rural development says the SC order not only validates the legality of the new Act and the retrospective clause but provides clarity on the way forward. “I am certain many displaced families will benefit as a result of this solid precedent,” said minister Jairam Ramesh.

New Land Acquisition Act is pro people: Jairam Ramesh

Jairam Ramesh

MUMBAI: The Union Minister for Rural Development Jairam Ramesh today allayed the fears expressed by the Indian industry that the new Land Acquisition Act would make projects 'economically unviable'.

Addressing a press conference here the minister said that, "The new act applies only to the land acquired by 'Central and State authorities' for any public purpose, while there is no bar whatsoever, on purchase of private land. He said “industry must look beyond land acquisition by Government and explore land purchase opportunities. In fact, in 20 years from now, there should only be land purchases and no land acquisition”.

Reiterating his stand that land acquisition should become an act of last resort, Ramesh said that his Ministry has been working towards improving land records management in the country and promoting transparency in land sales. He informed that Rs 1000 crore National Land Record Modernization Programme is being implemented with focus on computerization of land records, digitization of maps and resurvey. He also said that Maharashtra has progressed well but is yet to catch up with Haryana, Gujarat, Karnataka and Tripura.

On sale and registration of land, the minister said that a bill seeking amendment to the Registration Act of 1908 has been introduced in Parliament, which when passed, wold put all land sales and registration records in public domain. “When transparency increases, it will become easier for corporate to purchase land” he observed.

Speaking about the SEZs, the Rural Development Minister said all land acquisition for future SEZs would be in accordance with the new Act. He however admitted that the Act presently has no provision to deal with denotified SEZs. Ramesh termed that the new act, which replaces 119 year old act as ‘historic’. 

Turmed the 1894 Act on land acquisition as 'undemocratic' which provided discretionary powers to District Collectors, the minister said, the new Act is humane as it provides rehabilitation and resettlement.” He said to represent this spirit, the new act has been re-christened as the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.”

"I believe that the old law was 'anti-democratic' as governments used to buy land from people at lower price and sell it to business houses at a premium rate. The collector decided the urgency, the amount of compensation and resettlement provisions if any. Hence the old act created public anger nationwide and was the reason behind mass movements on land issues in Uttar Pradesh, Madhya Pradesh, and Gujarat along with Odisha,” said the Minister.

He elaborated that under the new act the powers of the Collectors, who often acted under the instructions of state governments have been 'considerably curtailed'. The purpose of land acquisition has been clearly spelt out and major emphasis has been laid on rehabilitation and resettlement. He said that consent of Gram Sabha in Schedule V areas – mostly tribal dominated areas, and consultation with Gram Sabha in other areas, has been made mandatory.

The Minister further added, that if the Government failed to utilize the land so acquired for public purpose within five years, it will be required to return the land to its owners.

The Minister also said that the new Act promises fair compensation for the farmers and those who lose their lands. “Land is still considered the biggest social security in India. Since they will be dispossessed of their assets, they are entitled for a fair and just compensation” he said. 

The new act stipulates that compensation will be paid at twice the rate of three year average of highest selling price in urban areas and up to four times the average highest sale price in rural areas. In addition, there is also a provision of leasing the land instead of selling it, thereby opting to receive a regular income over a longer period of time.

The Minister said the new law has been made under the concurrent list of the Constitution and States could only improve upon the quantum of compensation as well as other provisions in favour of the land owners and farmers. 

He said it would be notified either on January 1, 2014 or April 1, 2014 and appealed to all state governments to implement it in right spirit.