Land Acquisition Reforms

[nrj]

Land Acquisition Bill to be cleared by cabinet today.

I will append more details later.

Sent via Tapatalk from a galaxy far far away

 

[Bangalorean]

Great news - thanks for this!! Waiting eagerly for further details.

 

[nrj]

Cabinet may clear Land Acquisition Bill today

The Union Cabinet is likely to approve the much-awaited Land Acquisition Bill for consideration at its meeting on Thursday.

The bill was finalised last week by the Rural Development Ministry incorporating the suggestion of UPA chairperson Sonia Gandhi who had asked the government to take consent from 80 percent land owners for purchase of land for the purpose of setting up industries and PPP projects.

Congress chief Sonia Gandhi did not favour the Group of Minister's proposal that consent of two-third of "land losers" (from whom land would be purchased) was enough for acquiring land for industries and PPP projects.

Minister of State for Rural Development Lalchand Kataria said the bill has provision for return of the unutilised land. Land Acquisition Act, 1894 has no provision for return of the unutilised land.

Clause 95 of the new bill provides that when any land or part thereof, acquired under this Act remains unutilised for a period of 10 years from the date of taking over the possession, it shall return to the land bank of the appropriate government by reversion, he had informed Parliament.

"It won't be more than 80 per cent and it won't be less than 67 per cent," was the reply of Rural Development Minister Jairam Ramesh when asked about the consent clause in the bill.

The GoM had suggested that the consent clause should be kept at 67 per cent for PPP projects and private projects.

The government had constituted the GoM after some ministers voiced strong reservation against certain provisions of the Bill at the Cabinet meeting.

Earlier, Kataria had informed the Rajya Sabha that the Government intends to introduce the official amendments to the LARR Bill, 2011 (Land Acquisition and Rehabilitation and Resettlement Bill) in the Lok Sabha in the Winter Session of Parliament.

With PTI Inputs

Cabinet may clear Land Acquisition Bill today

 

[nrj]

The Draft Land Acquisition and Rehabilitation & Resettlement Bill, 2011

[PDF]http://www.rural.nic.in/sites/downloads/policies/Final.pdf[/PDF]

Some amendments are to be expected before it is tabled in Parliament houses.

 

[nrj]

Additional changes to be made in Bill 77 -

Land acquisition bill in propose retrospective application

Amendments to the contentious land acquisition Bill not only seek to hasten the acquisition process through tight time-schedules but also contain a provision that virtually allows the law to be applied retrospectively to cases that witnessed protests in the past.

The changes suggest that the new law will be applicable to all ongoing land acquisition proceedings where "no award" has been made under the existing Land Acquisition Act, 1894. It also says the compensation package of the new law will apply even in cases where payments have been announced but possession of the land has not been taken or compensation has not been paid to the owner.

In a provision that could prove controversial, the amendments contain an explanation stressing that all cases where compensation has not been accepted or has been accepted under protest will be "deemed to be unpaid".

The explanation also says that the compensation will be deemed paid only if it has been credited in the bank account of the land owner.

Another proposal in the amendments says all cases of acquisition will be deemed to have lapsed if possession of the land has not been taken or compensation not paid for at least five years before the new law comes into force even though a payment has been announced.

Top government sources said that the finance ministry objected to this provision during consultations in the Group of Ministers. The ministry is learnt to have argued that announcement of compensation amounted to completion of the acquisition as possession and payment were merely administrative issues.

Another contentious change proposed says land acquired under the urgency clause can be used for other emergencies only with Parliament approval except in cases linked to "defence of India or national security or for any emergencies arising out of natural calamities". The original bill did not require the approval of Parliament for such cases.

In another major change, the revised bill seeks to reserve 20 per cent of land for those whose land is being acquired for "urbanisation purposes". This provision will bind state governments to reserve land acquired for expansion of cities.

In an attempt to allay the fears of industry that the new law could stretch the acquisition process, the amendments seek to tighten the time-frame for completing the entire process to within one year from two years in the original bill. Clear schedules for the various assessments required for acquisition have also been proposed.

The revised bill stipulates 80 per cent consent for acquisition for private projects, 70 per cent consent for PPP projects and no consent for infrastructure projects fully owned and executed by the government. Acquired land will be returned to owners if it is not used for five years instead of the earlier 10 years.

Land bill in cabinet today, changes propose retrospective application - Indian Express

 

[anoop_mig25]

Additional changes to be made in Bill 77 -

Land acquisition bill in propose retrospective application

Amendments to the contentious land acquisition Bill not only seek to hasten the acquisition process through tight time-schedules but also contain a provision that virtually allows the law to be applied retrospectively to cases that witnessed protests in the past.
The changes suggest that the new law will be applicable to all ongoing land acquisition proceedings where "no award" has been made under the existing Land Acquisition Act, 1894. It also says the compensation package of the new law will apply even in cases where payments have been announced but possession of the land has not been taken or compensation has not been paid to the owner.
In a provision that could prove controversial, the amendments contain an explanation stressing that all cases where compensation has not been accepted or has been accepted under protest will be "deemed to be unpaid".

The explanation also says that the compensation will be deemed paid only if it has been credited in the bank account of the land owner.

Another proposal in the amendments says all cases of acquisition will be deemed to have lapsed if possession of the land has not been taken or compensation not paid for at least five years before the new law comes into force even though a payment has been announced.

Top government sources said that the finance ministry objected to this provision during consultations in the Group of Ministers. The ministry is learnt to have argued that announcement of compensation amounted to completion of the acquisition as possession and payment were merely administrative issues.


Another contentious change proposed says land acquired under the urgency clause can be used for other emergencies only with Parliament approval except in cases linked to "defence of India or national security or for any emergencies arising out of natural calamities". The original bill did not require the approval of Parliament for such cases.


In another major change, the revised bill seeks to reserve 20 per cent of land for those whose land is being acquired for "urbanisation purposes". This provision will bind state governments to reserve land acquired for expansion of cities.

In an attempt to allay the fears of industry that the new law could stretch the acquisition process, the amendments seek to tighten the time-frame for completing the entire process to within one year from two years in the original bill. Clear schedules for the various assessments required for acquisition have also been proposed.

The revised bill stipulates 80 per cent consent for acquisition for private projects, 70 per cent consent for PPP projects and no consent for infrastructure projects fully owned and executed by the government. Acquired land will be returned to owners if it is not used for five years instead of the earlier 10 years.

Land bill in cabinet today, changes propose retrospective application - Indian Express

nothing but if this bill is passed it would open cane of worms

 

[nrj]

nothing but if this bill is passed it would open cane of worms

Land acquisition policy needs to be updated. Its a major bottleneck in every development project. Can't go on implementing modern infra projects based on 120yr old law.

 

[nrj]

Bill to be tabled in budget session.

Expect a lot of fireworks during that session.

Land acquisition, Food Security Bill & Promotions Quota bill to keep the country entertained !

 

[Iamanidiot]

The Corporate lobby will not like Land Acquisition bill.I thought this bill went to some EGoM

 

[nrj]

The Corporate lobby will not like Land Acquisition bill.I thought this bill went to some EGoM

It has cleared EGoM after Raajmata exercised her powers & made amendments which many corporate lobbyists don't like.

 

[nrj]

Land acquisition bill: Jairam Ramesh reach out to the opposition

NEW DELHI: In an effort to ensure the passage of the land acquisition bill in the Budget session of Parliament, rural development minister Jairam Ramesh is reaching out to the opposition ahead of next week's crucial all party meeting.

On Thursday, Ramesh held informal meetings with BJP leader Sushma Swaraj and D Raja of the CPI. The minister will be meeting CPM leader Sitaram Yechury and Sharad Yadav of the JD(U) on Friday. Political parties were requested to send in their suggestions and queries by Monday. So far, the BJP, AIADMK and the CPM have sent in their suggestions.

Ramesh said that his meeting with the BJP leader was "positive and constructive". The BJP had submitted a 12 point note which included suggestions and issues of concern. The principle opposition party had suggested that it would be a better proposition if land was leased from the farmer, instead of acquiring it. It had also questioned the decision to allow government to acquire land for the National Manufacturing and Industrial Zones. The retrospective application of the law, the classification of land, and measures to safeguard against excess acquisition were among the other issues raised by the BJP. Ramesh said that he meeting Swaraj and Arun Jaitley for another round of informal discussions ahead of the April 18 discussions.

The rural development minister also met with D Raja. The Left leader said that the bill was still under discussion and that he has been assured that the government was open to addressing all concerns. "We need a comprehensive legislation and the 1894 Act needs to be repealed. But the interests of the farmers need to be protected. I have raised some serious concerns including compensation, use of multi cropland with the minister. He said our concerns will be looked into," Raja told ET.

The passage of the land acquisition bill is important to buttressing the Congress' aam aadmi quotient. With the government's other pro-poor legislation—the food security bill-- pending in Parliament, the passage of the land bill takes on added importance. Both Congress president Sonia Gandhi and vice president Rahul Gandhi have been closely involved with the land bill. The Nehru-Gandhi scion had made it the central piece of his campaign ahead of the Uttar Pradesh assembly elections, participating in a padyatra to listen to the grievances of the farmers whose land had been acquired, and taking their concerns to the government. The Sonia Gandhi-led National Advisory Council was actively involved in fashioning a bill that took on board the concerns of the land owners and the people whose livelihoods were dependent on land.

Land acquisition bill: Jairam Ramesh reach out to the opposition - The Economic Times

Jairam Ramesh meets Jaitley, Yechury; seeks support on land bill

 

[Singh]

Can someone explain this bill in a nutshell ? Major implications ?