compulsory land acquistion

7/29/2019 Compulsory Land Acquistion

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Who may compulsorily

acquire land?An authority may obtain title to land either

by purchasing it or by formal statutory

acquisition.

Many authorities have the power tocompulsorily acquire land for a public

purpose. These include a range of Ministers,

government departments, public authorities,

utility service providers and municipal

councils.

A body given the power to compulsorily

acquire land is known as an acquiring

authority.

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An acquiring authority may acquire the whole of a

piece of land or several pieces of land (for example, for

a school or parkland), or part of the land (for example,

for a road widening). An authority may also acquire

only an interest in the land (for example, an easement

across a piece of land to allow for a pipeline or utility

service).

Compulsory acquisition means that the land can be

acquired despite the fact that the landowner may not

consent to the acquisition. The power to compulsorilyacquire land is therefore strictly regulated. An authority

can only compulsorily acquire land if the power to do

so is set out in its governing legislation, which is

deemed for such purpose to be a specialAct.

In some cases, the special Act requires that theacquiring authority can only compulsorily acquire land

with the consent of a relevant Minister or the Governor

in Council.

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Where an authority is given the power under

a special Act to compulsorily acquire land,

the authority must follow the process foracquisition set out in the Land Acquisition

and Compensation Act 1986 (the LAC Act).

The authority must therefore either:

acquire the land or obtain an interest in the

land by compulsory process; or acquire theland by agreement with the landowner in

accordance with the Act.

If an authority does not have the power of

compulsory acquisition, the compensationprovisions of the LAC Act do not apply. The

transaction will be like any other private sale

between a vendor and a purchaser and both

parties will be free to negotiate a sale price,

subject to any government audit or tenderingrequirements.

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DISplacement

The idea that State can take away any

property for public good, that is, the doctrine

of eminent domain, is itself contested, as it

raises the classic debate ofpower of stateversus individual rights. Not many in todays

world will agree with the idea that the King

owns all property and bestows rights,

including rights in property, upon his citizens.

Let us, however, assume the idea of Eminent

Domain as a fact. The existence of Eminent

Domain means that the exclusivity of the

rights owned in a property is at least diluted

against the government acquisition of suchproperty. Now, why would the government

need to take over an individuals property?

Typically, government is thought to be

representative of the collective, the voice of

the public, as compared to the individual. Forexample, governments builds street lights on

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Development-induced displacement can be

defined as the forcing of communities and

individuals out of their homes, often also their

homelands, for the purposes of economic

development.4 Use of coercion or force of

any nature by State is central to the idea of

development-induced displacement. At the

international level, it is viewed as a violationof human rights.

In India, there are a rising number of protests

against compulsory acquisition of land for

construction of manufacturing units such as

TatasNano car in Singur, in which 997 acresof agricultural land was acquired to set up a

factory for one of the cheapest cars in Asia,

(the project was subsequently shifted to

Gujarat) or for developing Special Economic

Zone such as Nandigram or construction of

large dams like Sardar Sarovar Dam on the

river Narmada, which famously led to a

cancellation of grant by World Bank due to

protests under the argument that the tribalpopulation was getting displaced under unfair

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The effects of displacement spill over to

generations in many ways, such as loss of

traditional means of employment, change

of environment, disrupted community life

and relationships, marginalization, a

profound psychological trauma and more.

The grave consequences of suchdisplacements at the very least require

legislations and policies that address not

only the issue of compensation, but also

the larger issues of resettlement,rehabilitation and participation in

negotiation, which can mitigate the

darker side of land acquisition for

development.

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FORCED RESETTLEMENT

The forced resettlement of populations in

association with the construction of

hydroelectric dams, large-scale irrigation

projects, highways, mines, and urban renewaland metropolitan development has become

commonplace today.

The extent and the implications of such

forced relocation are diverse and variable,depending on the nature of the project and

density of population being affected.

The size of a displaced population being

affected. The size of a displaced population

may vary from only a few thousand to tens ofthousands of people.

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The consequences of forced resettlement are

enormous:

it destroys the existing modes of production

and ways of life, affects kinship andcommunity organization and networks, causes

environmental problems and impoverishment,

and threatens cultural identity of tribal and

ethnic minorities, often the worst sufferers of

hydroelectric dam projects.

In addition, forced resettlement tends to be

associated with increased sociocultural and

psychological stresses and higher morbidity

and mortality rates. Population displacement, therefore, disrupts

economic and sociocultural structures. People

who are displaced undergo tremendous stress

as they lose productive resources - land or

otherwise - in the adjustment process.

Resettling the displaced poor, remote, and

economically disadvantaged is not always an

easy task.

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Bills such as Rehabilitation and Resettlement

Bill, 2007 (hereinafterThe 2007 RRBill or

The New Rehabilitation Bill) and LandAcquisition (Amendment) Bill, 2007

(hereinafter The 2007 Bill or The New

Bill) are now being considered by the

Parliament and various

The importance of the Land Acquisition andRehabilitation & Resettlement Bill (LARR,

2011) recently tabled in Parliament cannot,

therefore, be overstated. The Bill closely

follows the recommendations of the WorkingGroup of the National Advisory Council

(NAC, 2011), though it differs on some key

points..

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THE DRAFT LAND ACQUISITIONANDREHABILITATIONAND RESETTLEMENT

BILL (LARR), 2011

AN OVERVIEW

Ministry of Rural Development

Government o f Ind ia

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Heightened public concern on Land

Acquisition issues

Absence of a national law to provide for

the rehabilitation & resettlement and

compensation for loss of livelihoods

Why a New Law

Public

Concern

While multiple amendments have been

made to the Original Act, the principal law

continues to be the same i.e. the LandAcquisition Act of 1894

Outdated

Law

Addressing concerns of farmers and

those whose livelihoods are dependenton the land being acquired

While facilitating land acquisition for

industrialisation, infrastructure and

urbanisation

Need

for

Balance

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Why a Combined Law

1. Land Acquisition and Rehabilitation &

Resettlement need to be seen necessarily as

two sides of the same coin

2. Rehabilitation and Resettlement must always,

in each instance, necessarily follow upon

acquisition of land

3. Not combining the two R&R and land

acquisition within one law, risks neglect of

R&R. This has, indeed, been the experiencethus far

4. This is the first National/ Central Law on the

subject of Rehabilitation & Resettlement of

families affected and displaced as a result of

land acquisition

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Both LA and R&R Provisions will apply when:

1. Government acquires land for its own use, hold and control

2. Government acquires land with the ultimate purpose to transfer

it for the use of private companies for stated public purpose

(including PPP projects but other than state or national highway

projects)

3. Government acquires land for immediate and declared use by

private companies for public purpose

Note I: Publ ic pu rpo se for 2. & 3. above, once stated, canno t

be changed

Note II: Land Acqu isi t ion under 2. & 3. above can take place

pro vided 80% of the project affected famil ies give pr io r

informed consent to the propo sed acqu is i t ion.

Scope of LARR, 2011

Only R&R provisions will apply when:

Private companies buy land for a project, more than 100 acres

in rural areas, or m ore than 50 acres in u rban areas

Only LA provisions will apply to the area to be acquired but

R&R provisions will apply to the entire project area even

when: Private company approaches Government for partial

acquisition for public purpose

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1. Land for strategic purposes relating to armed forces of theUnion, national security or defence, police, safety of the

people;

2. Land for railways, highways, ports, power and irrigation

purposes for use by Government and public sector

companies or corporations;

3. Land for the project affected people

4. Land for Planned development or improvement of village orurban sites or for residential purpose to weaker sections in

rural or urban areas;

5. Land for Government administered educational, agricultural,

health and research schemes or institutions;

6. Land for persons residing in areas affected by natural

calamities

---------------------------------------------------------------------------------------

7. Land acquired by the Government for -

(I) use by government itself for purposes other than those

covered under (1), (2), (3), (4), (5) and (6) above,

(II) public sector companies,; or

(III) PPP projects for the production of public goods or the

provision of public services;

8. Land for private companies for the production of public goods

or provision of public services;

Under (7) and (8), consent of at least 80% of the project

affected families shall be obtained through a prior

informed process

Salient Features of the Draft Bill

Definition of Public Purpose

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Urgency Clause

The Urgency Clause can only be invoked in

the following cases:

1. National defense and security purposes

2. R&R needs in the event of emergencies or

natural calamities

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Land Owners:

1. Family or company whose land/other

immovable properties have been acquired;

2. Those who are assigned land by the

Governments under various schemes;

3. Right holders under the Forest Rights Act,2006

Livelihood Losers:

1. Over the last three years, a family whose

livelihood is primarily dependent on the land

being acquired, including agriculture labourers,tenants or sharecroppers

2. Over the last three years, families which are

dependent on forests or waterbodies for their

livelihoods when these are acquired; including

forest gatherers, hunters, fisher folk and

boatmen

3. Over the last three years, any family whose

livelihood is dependent primarily on the land

being acquired in the urban areas or any family

who is residing on the land being acquired in

the urban areas


Definition of Affected Families

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Land includes benefits to arise out of land, and

things attached to the earth or permanently

fastened to anything attached to the earth.


Definition of Land

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Safeguarding Food Security

1. Multi-crop irrigated land will not be acquired except as a demonstrably

last resort measure, which in no case should lead to acquisition of more

than 5 percent of multi-crop irrigated area in a district.

2. Wherever multi crop irrigated land is acquired an equivalent area of

culturable wasteland shall be developed for agricultural purposes.

3. In districts where net sown area is less than fifty per cent of total

geographical area, no more than ten per cent of the net sown area of the

district may be cumulatively acquired under all land acquisition projects

put together in that district.

1. and 2. above shall not apply in the case of linear projects (such as

Railways, highways, Major District Roads, power lines, and

irrigation canals)


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A Comprehensive Compensation Package (Schedule I)

1. Market value of the land:

a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the

registration of sale deeds in the area, where the land is situated; or

b) the average of the sale price for similar type of land situated in the immediate

areas adjoining the land being acquired, ascertained from fifty per cent of the

sale deeds registered during the preceding three years, where higher price

has been paid; or

whichever is higher:

PROVIDED THAT THE MARKET VALUE SO CALCULATED FOR RURAL

AREAS SHALL BE MULTIPLIED BY AT LEAST A FACTOR OF TWO. THIS

WILL BE SPECIFIED IN SCHEDULE I. (AND NOT IN THE ACT PER SE).

2. Value of the assets attached to land: Building/Trees/Wells/Crop etc as

valued by relevant govt. authority;

Total compensation = 1+2

3. Solatium: 100% of total compensation

4. Where land is acquired for urbanisation, 20% of the developed land will be

reserved and offered to land owning project affected families, in proportion to

their land acquired and at a price equal to cost of acquisition and the cost of

development. In case the project affected family wishes to avail of this offer,

an equivalent amount will be deducted from the land acquisition compensation

package payable to it

5. The Company for whom land is being acquired may offer shares limited to 25%

of the Compensation amount . In case the project affected family wishes to

avail of this offer, an equivalent amount will be deducted from the land

acquisition compensation package payable to it.


Minimum Compensation for Land

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Minimum R&R Entitlements

A Comprehensive R&R Package(Schedule II)

For Land Owners:1.Subsistence allowance at Rs. 3000 per month per family for 12 months;

2.The affected families shall be entitled to:

(a) Where jobs are created through the project,

mandatory employment for one member per affected family

or

(b) Rupees 5 lakhs per family;or

(c)Rupees 2000 per month per family as annuity for 20

years, with appropriate index for inflation;

The option of availing (a) or (b) or (c) shall be that of the affected

family

3. If a house is lost in rural areas, a constructed house shall be provided as

per the Indira Awas Yojana specifications. If a house is lost in urban areas, aconstructed house shall be provided, which will be not less than 50 sq mts

in plinth area.

In either case the equivalent cost of the house may also be provided in lieu

of the house as per the preference of the project affected family;

4. One acre of landto each family in the command area, if land is acquired

for an irrigation project;

5. Rs 50,000 for transportation;

6. A one-time Resettlement Allowance of Rs 50,000;

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Minimum R&R Entitlements

A Comprehensive R&R Package (Schedule II)

For Livelihood losers (including landless):

1. Subsistence allowance at Rs. 3000 per month per family for 12 months;

2. The affected families shall be entitled to:

(a) Mandatory employment for one member per affected family where

jobs are created through the project,or

(b) Rupees 5 lakhs per family;

or

(c) Rupees 2000 per month per family as annuity for 20 years, with

appropriate index for inflation shall be provided;

This choice of (a) or (b) or (c) shall be that of the affected family

3. If a house is lost in rural areas, a constructed house shall be provided asper the Indira Awas Yojana specifications. If a house is lost in urban

areas, a constructed house shall be provided, which will be not less than

50 sq mts in plinth area.

In either case the equivalent cost of the house may also be provided in lieu

of the house as per the preference of the project affected family;

This benefit will also extend to those who are homeless.

4.A one-time Resettlement Allowance of Rs 50,000;

5. Rs 50,000 for transportation;

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In addition to the R&R package, SC/ST families will beentitled to the following additional benefits: (Schedule II)

1.2.5 acres of land or extent of land lost to each family in

every project, In case of irrigation project 1 acre in the

command area;

2.One time financial assistance of Rs. 50,000 per family;

3.Families settled outside the district shall be entitled to an

additional 25% R&R benefits;

4.Payment of one third of the compensation amount at

very outset;

5.Preference in relocation and resettlement in area in

same compact block;

6.Free land for community and social gatherings;

7.In case of displacement, a Development Plan is to be

prepared.

8. Continuation of reservation and other Schedule V and

Schedule VI area benefits from displaced area to

resettlement area.


Special Provisions for SCs/STs


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Infrastructural Amenities under R&R

(Schedule III)

25 infrastructural amenities to be provided in the

Resettlement area, including:

Schools and playgrounds;

Health Centres;

Roads and electric connections;

Assured sources of safe drinking water for each family;

Panchayat Ghars;

Anganwadis providing child and mother supplemental

nutritional services;

Places of worship and burial and/or cremation ground;

Village level Post Offices, as appropriate, with facilities

for opening saving accounts;

Fair price shops and seed-cum-fertilizer storage

facilities


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R&R in case of Private Purchase of Land

1. Where a private company is purchasing land for a

project which is more than 100 acres in rural areas or

more than 50 acres in urban areas through private

negotiations, the Company shall file an application with

the District Collector notifying him of:

(a) Intent to Acquire;(b) Purpose of Purchase;

(c) Particulars of lands to be purchased

2. Collector shall refer the matter to the Commissioner

R&R for the satisfaction of all relevant provisions underthis Act related to R&R

3. Based upon the R&R Scheme approved by the

Commissioner R&R, the Collector shall pass individual

awards covering R&R entitlements


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Retrospective Effect Clause

This Bill proposes that LARR 2011 will apply to

all cases of Land Acquisition where before

date of commencement of LARR Act 2011

either:

(a)Award has not been made under LA Act 1894;

or

(b) Possession of land has not been taken

In both these cases, LA proceedings under

1894 Act will be considered lapsed upon

commencement of LARR Act 2011.


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The Provisions of the New Law shall be fully

compliant with other laws such as:

The Panchayats (Extension to the Scheduled

Areas) Act, 1996;

The Scheduled Tribes and Other Traditional

Forest Dwellers (Recognition of Forest Rights)

Act, 2006;

Land Transfer Regulations in Schedule V Areas.


Compliance with other Laws

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Process Flow

Proposal isReceived by the

Appropriate

Government

Legitimacy of Public

Purpose and SIA is

approved by CS Committee

(if above 100 acres) or by a

Delegated Committee if

below 100 acres)

Social Impact

Assessment (SIA)

Conducted by

Appropriate Government

Finalization of R&R

Scheme (within 6

months of PN)

Publication of

Preliminary

Notification to acquire

Public Hearing

Pre-

Notifica-

tion

Notifica-

tion

Collector submits

report on status

of alternative sites

Awards

Draft Declaration& R&R Scheme

published

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SIA to be

examined byindependent

Expert Group

Consent of 80% of

Affected sought


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Institutional Structure

State LA&RRAuthority

State Commissioner,RR

Administrator, RR

District Collector

RR Committee

Centre

State

Project-

level

Dispute Resolutionfor State Projects

Overall Admin for

LA&RR in State

Admin Project-level

RR

Overall coordination

and implementation

Oversight (Elected

reps, civil society, line

agencies)

Chief Secy

Committee

Determine whether

projects are for public

purpose

National Monitoring

Committee

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Oversight at Central

Level for all projects


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Transparency Provisions

Social Impact Assessment

Gram Sabha to be consulted

Summary of SIA notified along with Draft

Notification

SIA document made available for public scrutiny

R&R Scheme

Summary notified along with Draft declaration

Made available for public scrutiny

Individual Awards passed

Public Disclosure

All documents mandatorily to be made available

in the public domain and on the website

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Penalties

Stringent and Comprehensive Penalties

Regime for Companies and Government:

Punishment for false information, mala fide

action, etc.

Penalty for contravention of provisions of Act.

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Awards

Collector passes 2 types of Awards:

1. Award for Land Acquisition

Award made in respect of every affected family

whose land is being acquired and containing

details of LA compensation as listed inSchedule I;

2. Award for R&R

Award made in respect of every affected family,

regardless of whether they may be losing land or

not, containing details of R&R entitlements aslisted in Schedule II.

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1. The LARR Bill 2011 allows all States to enact any law or

policy related to LA&RR, provided the same does not

contradict or reduce the entitlements under LARR 2011.

2.Any State can therefore confer higher compensation or

make provisions for rehabilitation and resettlement which

enhance or go beyond those provided for under the Bill

3.If any existing State policy or law provides for entitlements

that are greater than those listed in the LARR Bill then the

State is free to continue with those.

4.The proportion in which States can acquire land for private

parties has been left entirely to the discretion of the Statesi.e. States can step in and acquire land for private parties

afterany percentage of total acquisition has taken place.

5. The only conditions are that at the very least

the land acquisition provisions of LARR 2011 will apply to

that part of the land that is acquired by the State

Government and the R&R provisions of LARR 2011 will apply to all of the

land already purchased by the private party as well as the

remaining part of the land to be acquired by the State

Government.

.


Special Provisions for the States


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In INDIA It has occurred in India since the era of

Independence, with over 21.6 million people in the

period of 1951-90. They have been displaced with heavy scale

projects like dams, canals, thermal plants,

sanctuaries, industries and mining.

These occurrences are further being categorized

as development-related displacement. The amount reimbursed is fairly low with regard

to the current index of prices prevailing in the

economy.

Furthermore, due to the poor Human Capital of

the displaced people they fail to get jobs and are

a victim of several problems.

There have been a rising number of political and

social protests against the acquisition of land by

various industrialists.

They have ranged from Bengal, Karnataka to

Uttar Pradesh in the recent past.

The acquisition of 997 acres of land by Tata

motors in Bengal in order to set up a factory for

the cheapest car in India.

Similarly, Sardar Sarovar Dam on the river

Narmada which was later canceled by the WorldBank.

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isplaced Tribals [4]

Project StateDisplaced

PopulationTribal (%)

rjan Gujarat 11,600 100

rdar Sarovar Gujarat 2,00,000 57.6

aheshwar Madhya Pradesh 20,000 60

dhghat Madhya Pradesh 12,700 73.91

ha Bihar 30,800 80

andil Bihar 37,600 87.92

el Karo Bihar 66,000 88

ahi Bajaj Sajar Rajasthan 38,400 76.28

lavaram Andhra Pradesh 1,50,000 52.90

aithon & Panchet Bihar 93,874 56.46

per Indravati Orisa 18,500 89.20

ngHimachalPradesh

80,000 56.25

hampalli Andhra Pradesh 38,100 76.28

ltuti Maharashtra 13,600 51.61

man Ganga Gujarat 8,700 48.70

akraHimachal

Pradesh

36,000 34.76

asan Reservoir Bihar 3,700 31

ai Reservoir Gujarat 52,000 18.92

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http://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Orisahttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Maharashtrahttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Himachal_Pradeshhttp://en.wikipedia.org/wiki/Orisahttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Andhra_Pradeshhttp://en.wikipedia.org/wiki/Rajasthanhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Biharhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Madhya_Pradeshhttp://en.wikipedia.org/wiki/Gujarathttp://en.wikipedia.org/wiki/Gujarat


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compulsory land acquistion

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