SYNOPSIS
The Land Acquisition, Rehabilitation
and Resettlement (LAAR) Bill, 2011
The
said proposed bill (it is yet to be tabled before the Parliament) is unified
legislation dealing with the acquisition of land, provide for just and fair
compensation and make adequate provisions for rehabilitation and resettlement
mechanism for the affected persons and their families.
The
said proposed bill comprises of Chapter XIII with 107 Sections and Four
Schedules.
Chapter
I: Preliminary
Chapter
II: Determination of social impsaid proposed Bill and public purpose
Chapter
III: Special provisions to safeguard food security
Chapter
IV: Notification and Acquisition
Chapter
V: Rehabilitation and Resettlement award
Chapter
VI: Procedure and manner of Rehabilitation and Resettlement
Chapter
VII: National monitoring committee for Rehabilitation and Resettlement
Chapter
VIII: Establishment of land acquisition, Rehabilitation and Resettlement
authority
Chapter
IX: Apportionment of Compensation
Chapter
X: Temporary occupation of land
Chapter
XI: Temporary Occupation of land
Chapter
XII: Offences and Penalties
Chapter
XIII: Miscellaneous
Schedule
I: Compensation for Land Owners
Schedule
II: Elements of R&R Entitlement for all the affected Families
Schedule
III: Provision of Infrastructural amenities under R&R
Schedule
IV: List of Legislation regulating the Land Acquisitions and R&R.
Scope of the Said proposed Bill:
- Government
acquires land for its own use, hold and control.
- Government
acquires land with the ultimate purpose to transfer it for the use of
private companies for stated public purpose.
- The purpose of Said
proposed Bill includes public-private-partnership projects, but excludes
land acquired for state or national highway projects.
- Government
acquires land for immediate and declared use by private companies for
public purpose.
- fair
compensation when private land is acquired for public use, and
- fair
rehabilitation of land owners and those directly affected from loss of
livelihoods.
Retrospective
Effect Clause:
This
Bill proposes that LARR 2011 will apply to all cases of Land Acquisition where
before date of commencement of LARR 2011 either:
(a) Award has not been made under LA Said
proposed Bill 1894;
or
(b) Possession of land has not been taken
In
both these cases, LA proceedings under 1894 Said proposed Bill will be
considered lapsed upon commencement of LARR Said proposed Bill 2011.
Acquisition by Private Companies:
Private
company purchases or acquires land through private negotiations, equal to
more than one hundred acres in rural areas or equal to or more than fifty acres
in Urban areas in such an event, he shall file an application with the
Dist. Collector and the Collector shall pass individual awards covering the
Rehabilitation and Resettlement scheme (as approved by the Commissioner as per
the provision of this said proposed Bill).
Public Purpose means:
- Acquisition of
land for purposes relating to the armed forces of India, national security
or defence, police, safety of the people (strategic purpose);
- Acquisition of
land for railways, highways, ports, power and irrigation purposes for use
by government or by government controlled corporations (also known as
public sector companies)(Infrastructure
and Industry);
- Acquisition of
land for planned development or improvement of village or urban sites or
for residential purpose to weaker sections of society in rural or urban
areas (Village or Urban Sites);
- Acquisition of
land for government administered educational, agricultural, health and
research schemes or institutions;
- Acquisition of
land for persons residing in areas affected by natural calamities;
- Acquisition of
land for resettlement of affected people for any of the above government
projects;
- Acquisition of
land by the government for public-private-partnership projects for the
production of public goods or the provision of public services;
- Acquisition of
land for private companies for the production of public goods or provision
of public services
The
said proposed Bill included the Preliminary investigation for determination of
social impact which includes the preparation, public hearing and publication of
Social Impact Assessment. Further, the report on Social Impact Assessment needs
to be appraised by an Expert Group and also by a committee constituted by the
appropriate govt.
The
acquired land for the public purpose is not used in five years the land should be back to original land owners.
When
government declares public purpose and shall control the land directly, consent
of the land owner shall not be required. However, when the government
acquires the land on behalf of public sector companies or for private companies
in such an event, the consent of at least 80% of the project affected families
shall be obtained through a prior informed process before government uses
its power under the said proposed Bill to acquire the remaining land for public
good.
The said proposed Bill includes an urgency
clause for expedited land acquisition. The urgency clause may only be
invoked for national defense, security and in the event of rehabilitation
of affected people from natural disasters or emergencies.
Land owners:
- family whose land or other
immovable property is to be acquired
- family who was assigned land by
the government under any of its social development initiatives
- family who hold rights under
India's “The Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 “
Livelihood losers:
- any family whose
livelihood, over most recent three years, was primarily dependent on the
land being acquired, including agriculture labourers, tenants or
sharecroppers
- any family whose
livelihood, over most recent three years, was primarily dependent on
forests or water bodies being acquired; including forest gatherers,
hunters, fisher folk and boatmen
- any family whose
livelihood, over most recent three years, was dependent primarily on the
land being acquired in the urban areas
- any family who
was residing on the land being acquired in the urban areas
Forbids land acquisition when such
acquisition would:
- cumulatively
exceed 5% of multi-crop irrigated area in any district in any state of
India, or
- cumulatively
exceed 10% of single-crop net sown area in any district in any state of
India, if the net sown area in that district was less than 50% of the
total area of the district
Even
below this threshold, it requires that wherever multi crop irrigated land is
acquired an equivalent area of cultivable wasteland shall be developed by the
state for agricultural purposes.
These
limits shall not apply to linear projects. The said proposed Bill illustrates linear
projects with examples such as railways, highways, major district roads, power
lines, and irrigation canals and defined under infrastructure projects (S.
2(o)).
The said proposed Bill defines the method by
which market value of the land shall be computed under the proposed law.
Schedule I outlines the proposed minimum compensation based on a multiple of
market value. Schedule II through VI outline the resettlement and
rehabilitation entitlements to land owners and livelihood losers, which shall
be in addition to the minimum compensation per Schedule I.
The market value of the proposed land
to be acquired shall be:
- the minimum land
value, if any, specified in the Indian Stamp Said proposed Bill, 1899 for
the registration of sale deeds in the area, where the land is situated; or
- the average of
the sale price for similar type of land being acquired, ascertained from
the highest fifty per cent of the sale deeds registered during the
preceding three years in the nearest village or nearest vicinity of the
land being acquired
Compensation (Schedule I: A Comprehensive compensation package):
The
said proposed Bill proposes that the minimum compensation be a multiple of the
total of above ascertained market value plus a solatium. Specifically, the
current version of the Bill proposes the total minimum compensation be:
- At least four times the market
value for land acquired in rural areas;
- At least two times the market
value for land acquired in urban areas
whichever
is higher:
PROVIDED THAT THE MARKET VALUE SO CALCULATED FOR
RURAL AREAS SHALL BE MULTIPLIED BY AT LEAST A FSAID PROPOSED BILLOR OF TWO.
THIS WILL BE SPECIFIED IN SCHEDULE I. (AND NOT IN THE SAID PROPOSED BILL PER
SE).
·
Value
of the assets attached to land: Building/Trees/Wells/Crop
etc as valued by relevant govt. authority;
·
Total
compensation = 1+2
·
Solatium: 100% of total compensation
·
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
·
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.
A Comprehensive R&R
Package (Schedule II):
For Land Owners:
- Subsistence allowance at Rs. 3000
per month per family for 12 months;
- 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,
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;
4.
One
acre of land to 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;
For Livelihood losers (including
landless):
- Subsistence allowance at Rs. 3000
per month per family for 12 months;
- 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 as per 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;
In addition to the R&R package, SC/ST
families will be entitled 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.
Schedule III: Provision of
Infrastructural amenities under R&R:
·
Schools and playgrounds;
- Health
Centres;
- Roads and electric connections;
- Assured
sources of safe drinking water for each family;
- Panchayat
Ghars;
- Anganwadi’s 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
Timelines:
- Compensation will be given within a
period of three months from the date of the award;
- Monetary R&R entitlements will
be provided within a period of six months from the date of the
award;
- Infrastructure R&R entitlements
will be provided within a period of eighteen months from the date
of the award;
- No involuntary displacement will
take place without completion of R&R;
In irrigation or hydel
projects, R&R shall be completed six months prior to
submergence.
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