‘The Land Bill 2015’ – which is making quite a noise in the Lok Sabha these days is actually - ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015’ – phew!
There is ambiguity as to 9 or 11 amendments – we’ll actually know the score when the Bill becomes and Act and the amendments are published officially – some maybe declined in Rajya Sabha - as of now the above mentioned points are worth remembering.
For brevity’s sake, let us say the ‘Land Bill, 2015’
started it journey when in December 2014 – the Modi Government promulgated the
Land Ordinance, 2014.
The Ordinance aimed to immediately put into effect certain
amendments to the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (popularly referred to
as the ‘LARR Act, 2013’).
The Ordinance was finally introduced to legislature and
passed through the Lok Sabha on 10th March 2015 with nine amendments
being approved.
The next stage for the Land Bill to become an Act will
require it being successfully passing through the Rajya Sabha and then the
President’s approval and signature!
But why land acquisition act? When your parents bought a
land and built a house on it – were they covered under LARR Act?! Are you
covered under LARR Act?! NOPE.
LARR is for when the Government or Private Companies acquire/ purchase land from people like you and me (privately owned land) for ‘public purpose’. So when Government takes away your land for public purpose – it renders you in a severe financial crisis – what should be the adequate compensation for you?
And remember, for ‘public purpose’s’ projects lands into multiple acres are acquired at a time – so you and your neighbours lose your lands – maybe you are rural farmers or sub-urban middle class people – what will the social impact of this compulsory acquisition?
All these very important socio-economic factors are addressed through the Act – or at least sought to be addressed through the Act – so protect public’s interest in every way – at least that is the intention!
Land laws are very important simply because land is very important – privately owned lands by farmers don’t come easily to them and if they lose their livelihood to ill-conceived Government acquisitions then it is not only gravely unfair – but it disturbs the socio and economic equilibriums.
LARR Act, 2013 was a huge improvement on the draconian Colonial Land Law; and the current Bill proposes to better the Act of 2013 with amendments.
LARR is for when the Government or Private Companies acquire/ purchase land from people like you and me (privately owned land) for ‘public purpose’. So when Government takes away your land for public purpose – it renders you in a severe financial crisis – what should be the adequate compensation for you?
And remember, for ‘public purpose’s’ projects lands into multiple acres are acquired at a time – so you and your neighbours lose your lands – maybe you are rural farmers or sub-urban middle class people – what will the social impact of this compulsory acquisition?
All these very important socio-economic factors are addressed through the Act – or at least sought to be addressed through the Act – so protect public’s interest in every way – at least that is the intention!
Land laws are very important simply because land is very important – privately owned lands by farmers don’t come easily to them and if they lose their livelihood to ill-conceived Government acquisitions then it is not only gravely unfair – but it disturbs the socio and economic equilibriums.
LARR Act, 2013 was a huge improvement on the draconian Colonial Land Law; and the current Bill proposes to better the Act of 2013 with amendments.
No wonder there’s a lot of noise in the Lok Sabha – Rajya
Sabha’s still pending!
Salient features of the Land Bill, 2015:-
- Five
categories of land use has been created:
(i) Defense and national security projects,
(ii) Affordable Housing = housing for the poor,
(iii) Rural/ Social Infrastructure,
(iv) Industrial Corridors,
(v) PPP infrastructure projects, wherein Central Government own the lands;
and these five categories do not require the Social Impact Assessment to be done and neither require 70-80% approval of the landowners for private/ PPP projects respectively.
- However
to protect the farmers and farmlands there are restrictions imposed on
acquisition of irrigated multi-cropped and other farmlands. Since
- Moreover,
one person from each family of farm labourers will be given (guaranteed)
employment when the land on which they were employed as farm hands is
acquired.
- The
Amendment also looks to limit the amount that can be acquired for
industrial purposes
- In the
LARR Act, 2013 – ‘private companies’ was mentioned. The Bill has changed the
wordings to ‘private entities’ which bring many other institutions under
the purview of the Act, such as companies, NGOs, NPOs, corporation, firms
and individual etc.
- Land
if unutilized will be returned after the later of (i) 5 years, or (ii)
such period as is mentioned at the time of setting up of the project
agreement. Earlier it was just 5 years.
Some projects may by their inherent nature require more time to materialize and hence the ‘later’ period clause has been introduced.
- The
LARR Act, 2013 did not apply to 13 other Statutory Acts, such as the
Atomic Energy Act, Petroleum Act, Railways Act, Electricity Act etc. –
these have been brought under the purview of the Land Ordinance, 2014 and
to be included ultimately into the Amendment Act, 2015 – which will
require amendments and RS approval on those 13 Act separately too!
- One
for the Government Officials – if an offense is committed by a Government
Official he can only be prosecuted with prior approval of the Government.
There is ambiguity as to 9 or 11 amendments – we’ll actually know the score when the Bill becomes and Act and the amendments are published officially – some maybe declined in Rajya Sabha - as of now the above mentioned points are worth remembering.
