Land Acquisition Bill 2013- Provisions and Compensation
The Land Acquisition Bill has finally come into force from 1 January, 2014. The Bill – Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – was enacted in 2013 and was passed by both the houses (Rajya Sabha and Lok Sabha). The Bill, that replaced the old “Land Acquisition Act, 1894, addresses two very vital and contentious issues related to land acquisition:- Concerns of farmers and those families whose livelihood is dependent on the land acquired and also facilitate land acquisition for industries, infrastructure and urbanization.
Applicability of Provisions:-
(A) Both the provisions land acquisition, and Rehabilitation and Resettlement will be applicable when Govt. acquires land for any of the following 3 purposes
(1) For it’s own use holding and control
(2) For ultimate transfer to private companies for stated public purpose and
(3) Public Private Partnership (PPP) Projects.
It has been provided that public purpose once notified will not be changed and when the acquisition is meant for ultimate transfer to private companies, consent of minimum 80% of the land loosing families, and when the acquisition is for PPP consent of minimum 70% land loosing families will be required.
(B) When private companies purchase land for a project then only the provisions of Rehabilitation and Resettlement will be applicable.
Payment of compensation:-
(1) For land acquired In rural areas the compensation payable will be up to the double of the market price of the acquired land and will depend on the distance of the land from the urban area. Where land is acquired for urbanization 20% of the developed land will be reserved and offered to land loosing families at a price equal to cost of acquisition and cost of development. If land is acquired for a company then the company may offer shares up to maximum of 25% of the compensation amount.
(2) If the land to be acquired is agricultural land and is to be acquired from farmers then certain additional conditions have been contemplated such as-
(a) It can be acquired only if no other unutilized land is available and collector will have to certify it,
(b) The compensation amount payable will be up to 4 times of the highest market price of the land,
(c) Multi crop land can be acquired only as a last resort.
(d) Prior consent of at least 70% of the land losers is obtained,
(e) Unutilized acquired land is returned to the owner(s).
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