Land Acquisition, Resettlement and Rehabilitation Act 2013 (THEN) .... Here is a quick recap of the provisions of LARR, 2013: Compensation: 4 times the market value in rural areas and 2 times the market value in urban areas. Public Hearings and SIA: No land can be acquired in Scheduled Areas without the consent of the Gram Sabhas. Section 4 of the Act dealt with the provisions of Public Hearing and Social Impact Assessment. Retrospective operation: The Bill applies retrospectively to cases where no land acquisition payment/award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of LARR 2013. Prior payment: No one shall be dispossessed until and unless all payments are made and alternative sites for the resettlement and rehabilitation have been prepared. Consent Clause: Consent required of 70% of land owners in the cases of acquisition for the purpose of PPP projects. And 80% of land owners in the case of projects for private companies. Others: # If land remains unutilized after acquisition, the State govts can return the land either to the owner or to the State Land Bank. # SC/ ST will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower (this is higher than in the case of non-SC/ST affected families).# Where the affected families belonging to the SC and the ST are relocated outside of the district then they shall be paid an additional 25 rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. # No multi-crop irrigated land will be used for acquisition. More important, the provisions of LARR, 2013 safeguarded the food security aspect with: # Special provisions to ensure that multi-crop land is acquired only as a last resort option. # Imposition of State limits on the area of agricultural/ multi-crop land. # The state had to cultivate an equivalent area of land elsewhere as agricultural land if a multi-crop/agriculture land were acquired. If they could not do this, then they must deposit an amount equivalent to its value in an account to be used for the purposes of enhancing food security. But post the Ordinance stamped by the BJP govt. lot of pro-poor, pro-farmer and pro-owner provisions will be absent. These changes are bound to affect over 50% of Indian household who derived its livelihood from farm lands and about 10.9 crore direct stake holders, the rural households in India. AND NOW :- Here is now what the LARR looks like: No provision for mandatory consent clause. With the suspension of Consent Clause, not just the SIA may suffer but also the land owners could be cheated as there will be no need for spelling out the land use. As per the changes brought in the ordinance, multi-crop irrigated land can also be acquired for these purposes. With a cap on the acquisition of multi-crop/agro land been omitted in the Ordinance, the provisions relating to the food security will be absent. Land remaining unused for more than even 5 years will not be liable for return to its owner. With the provisions requiring Public hearing and Gram Sabha done away with, the Panchayat will have no role. It could be throwaway back to the days of archaic 1894 law where forced acquisitions were order of the day. Govt is wrongly citing Section 105, LARR 2013 as the reason to bring in an ordinance. The provisions of LARR, 2013 were not applicable if the land was acquired for the projects under 13 Central govt Acts that included the Coal Bearing Areas Acquisition and Development Act 1957, the National Highways Act 1956, Land Acquisition (Mines) Act 1885, Atomic Energy Act 1962, the Indian Tramways Act 1886, the Railways Act 1989, the Ancient Monuments and Archaeological Sites and Remains Act 1958, the Petroleum and Minerals Pipelines (Acquisition of R
Posted on: Mon, 12 Jan 2015 13:14:12 +0000
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