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Land acquisition (rehabilitation and resettlement) bill

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Brief overview of the New Land Acquisition Bill in India from a legal standpoint.

Publié dans : Formation, Technologie, Business
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Land acquisition (rehabilitation and resettlement) bill

  1. 1. Land Acquisition (Rehabilitation And Resettlement) Bill, 2011 Varun Vaish (2008-74)
  2. 2. LAA,1894 v. NHA,1956 • Administrator v. Revenue Deptt. • Immediate Acquisition v. Acquisition only after award. • 30 % Solatium v. Ex-Gratia • Appeal v. No appeal
  3. 3. Development • The Ministry of Rural Development has decided to table the new legislation on Land Acquisition. • The Bill claims to harmoniously amalgamate the acquisition aspects with rehabilitation and resettlement procedures.
  4. 4. Public Hearing • Section 4 of the proposed bill deals with the Public Hearing of the Social Impact Assessment. Sub-Section (1) of Section 4 of the bill says that a public hearing should be held in the affected area, to ascertain the views of the affected families. • The appropriate government (as defined in Section 2(e) of the said Bill) shall announce the date, time and venue of such a public hearing in well in advance, and ensure that the public hearing proceedings take place in the prescribed manner. • The views of such affected families that are ascertained in the public hearing shall be recorded and included in the social impact assessment report.
  5. 5. • However, Section 4 of the said bill, nowhere mentions a quorum required for conducting public meetings. And no time limit has been specified in which the proceedings should be conducted.
  6. 6. Compensation • Section 20 of the current draft dealing with betermination of market value by collector mentions the following two criteria for assessing and determining the market value of 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 village or vicinity, 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 shall be multiplied by three in rural areas.
  7. 7. • Utilizing the ‘circle value’ of land determined for the purpose of registration of sale deeds under Indian Registration Act of 1908. • The circle rate, which is indexed every two years, is often very close to the replacement value. This was a policy principle used by NHAI. Reference - RESETTLEMENT PLAN , CHAPTER-4: POLICY FRAMEWORK, R&R AND ENTITLEMENT MATRIX, NHAI, September 2002 • Calculating twenty times the average annual yield over a period of five years in case of agricultural land. • This was followed in the Ind: Western Transport Corridor Project which dealt with expansion of the Western Transport Corridor comprising NH8 and NH4, connecting Delhi, Mumbai, Bangalore, and Chennai.
  8. 8. Authorities Under the Act. • A committee to examine proposals for Land Acquisition and the Social Impact Assessment Report. • The Committee ensures that it will see to the legitimate and bonafide reasons while acquiring a land for public purpose • The committee shall see that only minimum changes are made with respect to the land, infrastructure and the community on that area. • The acquisition of an agricultural land will be taken only as a last resort after the Collector of the District has explored the possibilities of utilising waste, degraded and barren lands. • No multi-crop irrigated land will be used for acquisition. • The Committee that has to be constituted prior to a land acquisition.
  9. 9. Appointment of an Administrator • Section 8 of Part III deals with the appointment of an administrator for rehabilitation and resettlement in consonance with Section 31. • Section 8 proposes for the appointment of an administrator whenever a land is required or likely to be required for public purpose, whereas Section 31 narrows such instances of appointment only when there are persons who are involuntarily displaced. • Further the duties and responsibilities of the Administrator are prescribed by the Appropriate Government in such circumstances as it may in accordance with the situation.
  10. 10. Committee for Rehabilitation and Resettlement at the Project Level • Section 33 of the Bill proposes for a Committee that shall be constituted under the Chairmanship of the Collector, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits.
  11. 11. Dispute Settlement Authorities and Appeal Provisions • Sections 36 and 37 of the Bill deal with the establishment of dispute settlement bodies at the state and central level. • The qualifications mentioned therein go against the grain of the Bill by restricting themselves to serving and retired bureaucrats and judges. • The last proviso mentioned in Section 38 of the Bill that caps the application period at one year is arbitrary.
  12. 12. Urgency Clause • Defence of India or • National security or • Emergencies arising out of natural calamities • Rarest of rare cases.
  13. 13. Misc. Provisions • 58 of the Draft Bill is reproduced as follows: • “58. Punishment for false information, mala fide action, etc • (1) If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, he shall be liable to be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one lakh rupees, or with both. • (2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate authority. • (3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide.”
  14. 14. Transfer and return of Unutilised land • Section 69 of the Bill has been reproduced as follows: • “(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Appropriate Government, and any change in purpose made in violation of this provision shall be void and shall render such land and structures attached to it liable to be reverted to the land owner. • (2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the land owner by reversion; • (3) The Appropriate Government shall return the unutilized land or part thereof, as the case may be, to the original owner of the land from whom it was acquired subject to the refund of one fourth of the amount of compensation paid to him along with the interest on such amount at such rate, as may be specified by the Appropriate Government, from the date of payment of compensation to him till the refund of such amount; and • (4) The person to whom the land is returned being the owner of the land shall be entitled to all such title and rights in relation to such land from which he has been divested on the acquisition of such land.”
  15. 15. Thank you Varun Vaish NALSAR