Guwahati, August 30: Land Acquisition, Rehabilitation and Resettlement Bill in India was a bill that was passed on August 29. As per the bill the much-awaited land acquisition and rehabilitation bill that aims to provide fair compensation to those whose land is taken away.
Brings transparency to the process of acquisition of land to set up factories or buildings and assures rehabilitation of those affected. This legislation has been eagerly sought by both industry and those who live off the land. Out of the 235 members who voted on the bill, 216 backed it while 19 voted against it. The bill aims to replace a nearly 120-year-old law enacted during British rule in 1894.
The bill establishes meaningful regulations for land acquisition as a part of India’s massive industrialization drive driven by public-private partnership. The bill was introduced in Lok Sabha in India on 7 September 2011. The bill will be central legislation in India for the rehabilitation and resettlement of families affected by land acquisitions.
Clauses 2 and 3 of Land Acquisition, Rehabilitation and Resettlement Bill (LARR Bill) 2011 define the following as public purpose for land acquisition within India acquisition of land for purposes relating to the armed forces of India, national security or defence, police, safety of the people.
Acquisition of land for railways, highways, ports, power and irrigation purposes for use by government or by government controlled corporations (also known as public sector companies.
Acquisition of land for planned development or improvement of village or urban sites or for residential purpose to weaker sections of society in rural or urban areas.
Acquisition of land for government administered educational, agricultural, health and research schemes or institutions;Acquisition of land for persons residing in areas affected by natural calamities; Acquisition of land for resettlement of affected people for any of the above government projects; Acquisition of land by the government for public-private-partnership projects for the production of public goods or the provision of public services Acquisition of land for private companies for the production of public goods or provision of public services
Bill proposes the total minimum compensation to land owners be, At least four times the market value for land acquired in rural areas; At least two times the market value for land acquired in urban areas in addition to above compensation, the draft LARR 2011 bill proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer.
For land owners, the Bill proposes an additional subsistence allowance of Rs.36,000 (US$ 800) for the first year an additional entitlement of a job to the family member, or a payment of 500,000 (US$ 11,000) up front, or a monthly annuity totaling Rs.24,000 (US$ 550) per year for 20 years with adjustment for inflation the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer an additional upfront compensation of Rs.50,000 (US$ 1,100) for transportation an additional upfront resettlement allowance of Rs.50,000 (US$ 1,100).
If the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50 square meters in plinth are if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent development if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired.
In addition to the above compensation and entitlements under the proposed LARR 2011, scheduled caste and schedule tribe (SC/ST) families will be entitled to several other additional benefits per Schedule II of the proposed bill. India has over 250 million people protected and classified as SC/ST, about 22% of its total population. The proposed additional benefits to these families include: an additional land grant of 2.5 acres per affected family an additional assistance of Rs.50, 000 (US$ 1,100) free land for community and social gatherings, and special Schedule V and VI benefits.(SP News)
