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 India
circulates draft land acquisition bill
The government Friday released a draft
land acquisition bill that seeks to put in place a legal framework
to not only protect the interests of owners and prospective
buyers, but also
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New Delhi:
The following are the highlights of the draft land acquisition
bill that was released Friday to replace a 125-year legislation
and make such transactions equitable and transparent:
- New bill officially intended to be called National Land
Acquisition and Rehabilitation and Resettlement Bill, 2011
- Current law, the Land Acquisition Act, 1894, archaic and needs
updating
- Need to balance concerns of farmers, those whose livelihoods
depend on land being acquired, and industrialisation
- Proposed as the first federal law on the twin subject of
resettlement and rehabilitation of families affected and displaced
- Land for public purpose but under private projects can be
acquired only if 80 percent of those affected agree
- Public purpose defined as need for national security,
infrastructure, village or urban development, and needs from
natural calamities
- Urgency clause in rarest of rare cases only for national defence
security purposes, emergencies and natural calamities
- Market value of land defined as what is determined for stamp
duty or average sale price of similar type of land in the
vicinity, ascertained from sale deeds in preceding three years,
whichever is high.
- Also, market value in rural areas will be multiplied by three
- In urban areas, the award amount would be not less than twice
that of the market value determined
- In rural areas it would not be less than six times the original
market value
- For land owners and those whose livelihood depends on land,
subsistence allowance of Rs.3,000 per month per family for 12
months, Rs.2,000 per month per family as annuity for 20 years,
indexed to inflation
- Also Rs.50,000 for transportation and mandatory employment for
one member per affected family or Rs.200,000 if job not offered
- Acquirers must also provide for social infrastructure, apart
from acting on some special provisions for members of Scheduled
Tribes
- Indiscriminate acquisition calls for return of land to original
owner if not used in 5 years for purpose stated along with
one-fourth of the award amount
- Strict penalties against violators and disciplinary action
against public servants for mala fide actions
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