Govt rushes to get land acquisition, rehab bills passed
The Economic Times, February 25, 2009, Page 2
Our Political Bureau NEW DELHI
IN an attempt to prevent skirmishes of the kind that left the Buddhadeb Bhattacharjee government badly bruised in the wake of Nandigram and Singur clashes, the Manmohan Singh government is racing against time to get the Land Acquisition (Amendment) Bill, 2007, and the Rehabilitation and Resettlement Bill, 2007, passed in the remaining two days of Parliament.
The proposed bills, which were cleared by GoM on Tuesday, allow states to acquire 30% of land for private developers provided they have acquired the remaining 70% for setting up industrial and SEZ projects. Thus, the state would come into picture much later. This has been weaved in only to prevent a repetition of the ugly clashes that rocked Singur, Nandigram and other places where large industrial projects were on the anvil.
The R&R Bill, which is designed to give a statutory status to the National R&R Policy, 2007, makes it mandatory for parties concerned to get a social impact assessment prepared by independent multi-disciplinary expert group in cases where 400 or more families are displaced in plain areas and 200 or more families in tribal and hilly areas.
With the ongoing session of Parliament meandering to a close, the government only has two days left to secure the passage of the two Bills, which were cleared by the GoM after endorsing the suggestions put forward by the Union rural development ministry. Given the procedural constraints faced by him, it remains to be seen whether Mr Raghuvansh Prasad Singh is able to steer the two bills through in the two Houses within this time-frame.
The Land Acquisition (Amendment) Bill seeks to amend several provisions of the antiquated Land Acquisition Act, 1894, in an attempt to balance the need for land for developmental and other purposes with the interests of the people whose land is to be acquired.
The revised bill redraws the definition of “public purpose”, making it clear that governments could wield land acquisition powers only for three purposes—strategic uses such as those aimed at the armed forces, public infrastructure projects and where a project being set up by a person (which includes companies) serves a larger public interest and meets the 70% norm.
The policy provides for land-for-land compensation, besides preference to affected families for jobs in projects coming up on their plots. Land-owners entitled to compensation would be made stakeholders in the development process by allowing them to take up to 20% of the amount in the form of equity stakes, provided the acquiring entity is authorised to issue these instruments. The proportion of these shares could be enhanced to up to 50% with the prior approval of the government. The policy discourages speculative transactions of land acquired for public purposes.
The R & R Bill has also revised the quantum of compensation (solatium) to be given to persons whose land is to be acquired by the state. It’d be 60% of the land’s market value in the case of normal acquisition, and as much as 75% in the case of urgent acquisition.
Land would be acquired at existing market prices or area floor rate, whichever is higher. In case of a dispute, landowners will be able to approach the Land Acquisition Disputes Settlement Authority, which would be set up in every state. The benefits include allotment of land to the extent available with the government in resettlement areas and preference in employment to at least one person from each nuclear family affected by the project.
There will be special provisions for STs and SCs in the rehabilitation package. The new policy would replace the existing national policy on R&R for project-affected families, enacted during the NDA regime in 2003. The benefits under the new policy would be available to all affected persons and families whose livelihood have been affected. This would also include replacement because of natural calamities and their will be no cap on the number of people or families for the purpose of compensation. The benefits also include scholarship for education, preference in allotment of contracts and housing benefits, including houses to the landless affected families.
AVOIDING NANDIGRAM
The proposed bills allow states to acquire 30% of land for private developers provided they have acquired the remaining.
The R&R Bill makes it mandatory to get a social impact assessment prepared by independent group.
Governments can wield powers only for 3 purposes—strategic uses, public infrastructure projects and where a project serves a larger public interest and meets the 70% norm.
The Economic Times, February 25, 2009, Page 2
Our Political Bureau NEW DELHI
IN an attempt to prevent skirmishes of the kind that left the Buddhadeb Bhattacharjee government badly bruised in the wake of Nandigram and Singur clashes, the Manmohan Singh government is racing against time to get the Land Acquisition (Amendment) Bill, 2007, and the Rehabilitation and Resettlement Bill, 2007, passed in the remaining two days of Parliament.
The proposed bills, which were cleared by GoM on Tuesday, allow states to acquire 30% of land for private developers provided they have acquired the remaining 70% for setting up industrial and SEZ projects. Thus, the state would come into picture much later. This has been weaved in only to prevent a repetition of the ugly clashes that rocked Singur, Nandigram and other places where large industrial projects were on the anvil.
The R&R Bill, which is designed to give a statutory status to the National R&R Policy, 2007, makes it mandatory for parties concerned to get a social impact assessment prepared by independent multi-disciplinary expert group in cases where 400 or more families are displaced in plain areas and 200 or more families in tribal and hilly areas.
With the ongoing session of Parliament meandering to a close, the government only has two days left to secure the passage of the two Bills, which were cleared by the GoM after endorsing the suggestions put forward by the Union rural development ministry. Given the procedural constraints faced by him, it remains to be seen whether Mr Raghuvansh Prasad Singh is able to steer the two bills through in the two Houses within this time-frame.
The Land Acquisition (Amendment) Bill seeks to amend several provisions of the antiquated Land Acquisition Act, 1894, in an attempt to balance the need for land for developmental and other purposes with the interests of the people whose land is to be acquired.
The revised bill redraws the definition of “public purpose”, making it clear that governments could wield land acquisition powers only for three purposes—strategic uses such as those aimed at the armed forces, public infrastructure projects and where a project being set up by a person (which includes companies) serves a larger public interest and meets the 70% norm.
The policy provides for land-for-land compensation, besides preference to affected families for jobs in projects coming up on their plots. Land-owners entitled to compensation would be made stakeholders in the development process by allowing them to take up to 20% of the amount in the form of equity stakes, provided the acquiring entity is authorised to issue these instruments. The proportion of these shares could be enhanced to up to 50% with the prior approval of the government. The policy discourages speculative transactions of land acquired for public purposes.
The R & R Bill has also revised the quantum of compensation (solatium) to be given to persons whose land is to be acquired by the state. It’d be 60% of the land’s market value in the case of normal acquisition, and as much as 75% in the case of urgent acquisition.
Land would be acquired at existing market prices or area floor rate, whichever is higher. In case of a dispute, landowners will be able to approach the Land Acquisition Disputes Settlement Authority, which would be set up in every state. The benefits include allotment of land to the extent available with the government in resettlement areas and preference in employment to at least one person from each nuclear family affected by the project.
There will be special provisions for STs and SCs in the rehabilitation package. The new policy would replace the existing national policy on R&R for project-affected families, enacted during the NDA regime in 2003. The benefits under the new policy would be available to all affected persons and families whose livelihood have been affected. This would also include replacement because of natural calamities and their will be no cap on the number of people or families for the purpose of compensation. The benefits also include scholarship for education, preference in allotment of contracts and housing benefits, including houses to the landless affected families.
AVOIDING NANDIGRAM
The proposed bills allow states to acquire 30% of land for private developers provided they have acquired the remaining.
The R&R Bill makes it mandatory to get a social impact assessment prepared by independent group.
Governments can wield powers only for 3 purposes—strategic uses, public infrastructure projects and where a project serves a larger public interest and meets the 70% norm.
Posts
No comments:
Post a Comment