Thursday 18 October 2012

GoM clears final draft of land acquisition Bill


The group of ministers (GoM) headed by Agriculture Minister Sharad Pawar has cleared the much-delayed Land Acquisition, Rehabilitation and Resettlement (LARR) Bill, after approving some relaxations which addressed the concerns expressed by several ministries.

Major highlights of the previous Bill are:

• The Bill seeks to ensure appropriate compensation for land losers and labourers dependent on the land proposed to be acquired for living.

• The definition of public purpose has been made clear. The Bill defines public purpose as land use for strategic purposes, infrastructure and industry.

• There will be different land acquisition norms of rural and urban areas.

• The states will be free to make their own land acquisition laws.

• The Bill makes it mandatory for private parties buying 50 acres in urban areas to file intimation to the District Collectors on "the intent to buy the land, the purpose of purchase and the particulars of the land to be bought."

• The Bill would give enhanced compensation and relief and rehabilitation (R&R) package to displaced persons.

• A maximum of 5% multi-crop land can be acquired in a district on the condition that equal area of degraded land would be developed. If net sown area is less than 50% of total land in a district, then only 10% of such land is open for acquisition for different projects.

• The draft makes consent of at least 80 per cent landowners mandatory if acquisition is for private projects.

• The bill proposals include a subsistence allowance of Rs. 3000 per family per month for a year and an annuity of Rs.2000 per family per month for 20 years.

The new provisions added are: 

• The final draft of the bill proposes consent of two-third of “land losers” (from whom land would be purchased) for acquiring land for public-private-partnership and private projects.

• The GoM also agreed to have flexibility in the validity period for the social impact assessment (SIA), based on the assessment of the state chief secretary’s committee which has to be constituted to review SIAs for acquisitions above 200 crore.

• It has also agreed not to fix a mandatory ceiling for land acquisition of multi-crop land, leaving the decision to the state governments. The state governments will also have to fix a threshold of land acquisitions, beyond which they can impose rehabilitation and resettlement requirements even on private land purchases.

• The GoM has agreed to allow possession of acquired land even before the completion of rehabilitation and resettlement of the affected families, but only after having provided monetary compensation. However, in case of irrigation projects, the rehabilitation and resettlement provisions must be fulfilled at least six months before the submergence takes place.

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