Land acquisition bill 2015

Land acquisition bill 2015 A road to economic equality and national growthHistoryLand acquisition for industrialization or development was first governed by The Land Acquisition Act of 1894According to which , government can acquire land for public use by notifying and paying the individual owner a compensation for the losses incurred due to the acquisition.However, the 1894 act had many major problems in the following aspects:Method of fixing monetary compensations.No consideration for rehabilitation.No provision for dialogue with the affected people.Total silence about project affected landless peopleVague meaning of public purpose.Thus we can say that the 1894 act suited only their colonial interests and lacks humanitarian touch.Ironically, this was the law in force till 2013.

Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2011 & 2013 .Providing fair compensation to the affected.Make adequate arrangements and provide necessary support for rehabilitation and resettlement of the affected.Ensure that the affected be in a improved position of living post acquisition.Also the Act does not permit the acquisition of multi-crop irrigated area unless it is the only alternative for an important project. And in such circumstances, a cultivable waste land will be acquired by the government and shall be developed for the same agricultural purpose.But recently key amends were proposed in the above law by the NDA government.

But why propose amends to a law that is already legitimate in most aspects?...The country, as well known has been struggling to shake itself off of the following problems:Unemployment.Farmer suicides.Lack of infrastructure in rural areas.Poor standards of living of lower sections.Lack of power supply, transport infrastructure and water to most rural areas.Quality of national defense and security.Lack of multi-skilled labor and excessive dependence on agriculture resulting in low national income.Lack of more Indian made goods in global market.Amendments to the Act by P.M Narendra Modis Govt.The current NDA government has brought up some key changes to the existing LAB.Key changes affecting the farmers:Consent clause: The first provision of sub-section 2 of section 2 of the UPA version of the act has a requirement for the prior consent of at least 80% of those affected families before acquiring land. And for Public-private-partnerships (PPPs) it is 70% of those affected families. Change: The NDA government proposes that for projects relating to (i) National security or defense, (ii) Rural infrastructure including electrification, (iii) Affordable housing for poor people, (iv) Industrial corridors, (v) Social infrastructure and PPP projects where government holds the land, there is no need to obtain any prior consent.

2.Compensation clause: Thirteen Acts of Parliament like the Railways Act, the Electricity Act, the Atomic Energy Act, which provided for land acquisition, were put in the Fourth Schedule of the Act, with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act". Which means, with a notification, land acquired for the above 13 Acts, the new increased compensation clause will not apply.Change: The NDA amendment has removed the aforementioned provision (underlined). It is clear that it ensures that even if the land is acquired under the above 13 crucial Acts, the farmers will get the new, increased compensation at four times the market rate.And unless the full compensation has been paid, the land cannot be taken into acquisition.If at all that land is sold to a third party and land value is increased, 40 per cent share is to be given to the farmer. 3. Punishment: Bureaucrats will now be punished if they are found to be violating the laws mentioned in the act. Interferences of the bureaucrats make it difficult for poor illiterate farmers to fight for their land rights. The amendment to the act has this clause of punishing the bureaucrats which would ensure maintenance of proper law and order and justice to farmers.

Other changes and adjustments.Removal of exemption from consent clause extended earlier to five sectors has been taken away from social infrastructure projects under PPP model. SIA will be conducted for such projects also.Acquisition to be of bare minimum land.Survey to be undertaken of wastelands.States can create land banks of vacant land for development projects.Word 'private company' replaced with 'private entity.Time frame: The ordinance states that if the possession of acquired land under Act 1984 is not taken for reasons, then the new law will be applied.

Benefits of the amendment?Most projects under these heads will be government led or government inspired & belong to key infrastructure & security areas that increase public good. For everything else, the NDA law and UPA law are the same. There is no special favor to business.With over four lakh projects critical to employment generation, rural infrastructure, national security, manufacturing and industrial growth stuck in litigation for years due to clauses like 75 per cent acceptance and social impact assessment, it is not surprising that we are far behind many small countries like Uganda, Kenya, Ecuador and Bangladesh and are ranked 134 for ease of doing business globally.The law brings in 13 areas not covered by the UPA law and landowners will now get high rates for compensation for land acquired for coal & mining projects, metro construction, nuclear projects, roads, etc.Linear Projects.Linear projects are point to point projects like construction of highways, gas pipelines, water pipe lines, electricity lines etc.If a single farmer had to disagree with the giving up of land which lies on the land required for such projects, the whole project will come to a halt.So it is indeed an ingenious move by the NDA by removing the consent clause for such linear projects. Investigations by researchers from the Cambridge Universitys Department of Sociology and University College Londons Department of Political Science has found that rates of suicide are highest in areas with the most debt-ridden farmers who are clinging to tiny smallholdings (less than one hectare) and are trying to grow cash crops such as cotton and coffee that are highly susceptible to global price fluctuations.

Agriculture contributes to 14% of the GDP and 60% of the population is involved in agricultural activities. So the these 60% share the 14% GDP resulting in low national income levels.So, it is evident that there is a need for the shift of such inefficient farmers to manufacturing and services. There by, by giving up their land for four times the market price, they can repay their loans, fulfill their marriage responsibilities of their children with an employment that guarantees future income. Hence, resulting in lesser suicides.Quite a bit of education about the bill is essential in removing the fear and doubt from the farmers and villagers. The opposition is taking this as an advantage to further slow down the process and force adjustments in the bill.ConclusionIts all about what we want for our fellow Indians. We dont want to see sons/daughters of farmers travelling hundreds of miles into cities looking for jobs, living in slums, earning just enough for two meals a day.Take the example of our own states of AP and Telangana. If all the water irrigation projects, metro etc., were to be stuck in land acquisition litigations, there would have been no growth.India has no choice but to move in the direction of growth. It is high time that we bridge the gap between ultra rich and ultra poor.For those states not resorting to such amends, only history will judge their fate in this era of competitive federalism. THANK YOU