Saturday, July 23, 2011

Draft land bill: 80 pc owners' consent mandatory














New Delhi: CNN-IBN has accessed the draft land acquisition bill. According to the draft, consent of 80 per cent of the project affected people is mandatory.
The draft bill also has a provision for the land owners to get six times the registered price. If land prices go up, 20 per cent of the increased value should go back to land owners for 10 years. Rs 2000 per month will be paid to land owners for 20 years. The emergency clause to be applicable only when 'national security' is involved.


Bhatta Parsaul, Posco, Singur - land wars errupting with increasing frequency. The proposed law on land acquisition promised by Rahul Gandhi is almost ready. In fact, it is rural development minister Jairam Ramesh's first test. Unlike his predecessor Vilasrao Deshmukh, he is taking Sonia Gandhi led NAC suggestions very seriously.
"It's an enabling law, not a compelling law. State governments are given the discretion to ask industry to buy land from farmers or state governments may decide to acquire land for industry. Also, states to decide how much of the land must be acquired for industry from 0 to 100 per cent," said N C Saxena.
The proposed land acquisition bill has one law for acquisition and rehabilitation. currently, there is no central law that governs rehabilitation.
In the new bill, consent of 80 per cent of affected people is mandatory.
In the new proposal, landed and landless are to be compensated. Land owners are to get six times the registered price.
When price appreciates, they will get 20 per cent of increased value for a decade. This is a new provision that could face maximum resistance.
The new bill proposes Rs 2000 a month for 20 years and job for one family member. Right now there is no provision for annuity.
The industry is free to acquire land but, rehabilitation package applies if it exceeds 100 acres. For eg a POSCO can acquire on its own and provide for rehabilitation. there is no central law for this now.
The states to decide if and how much land they want to acquire for industry. For eg in Singur, the state government can acquire land but consent is mandatory.
Public purpose is served only when land is acquired by the government for roads, irrigation projects, infrastructure. In the current system, public purpose is not clearly defined, and open to interpretation.
The emergency clause is applicable only when national security is involved. In the current form, it is used to acquire land for any purpose.
The 1894 land acquisition is completely out of place in modern India. With land wars erupting across the country, will the new law be able to provide a win-win situation for the farmers for industry and government. one thing is for sure, there is no please all law for sharing land.

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