India Land Acquisition and Rehabilitation – Resettlement Bill, 2011 – Analysis

The National Land Acquisition and Rehabilitation & Resettlement Bill, 2011, has been approved by the union cabinet on 5th Sep’11. The bill once passed will replace the 117-year old Land Acquisition Act of 1894 and will supersede all specialized legislations on land acquisition, including those for SEZ and Railways.

Scope of the Bill The draft Bill permits land acquisition under three broad categories viz. 1) When the government acquires land for its own use; 2) When it acquires to ultimately transfer to private companies for a given public purpose, and 3) Government acquires land for immediate and declared use by private firms for public purpose. However, the land acquired under (2) and (3) above requires 80% consent of the affected population and further the public purpose, once stated, cannot be amended.

Compensation
The Bill proposes that the compensation in rural areas won’t be less than four times the original market value. While that in urban areas, the compensation will be twice that of the market value determined.

Well, the Government determined prices are always 1/4th the ruling market price and thus 4 times it will bring the cost of the land at par with the market price. Well you see our MPs take prestige in saying they are law makers during the Jan Lokpal Debate. One should know how many of them are facing Criminal Murder Charges /Involved in High Value Money Laundering, FERA Violations, 420 cases, etc and when these guys frame a bill what kind of Merit can you expect in the same ?

The bill also proposes to pay adequately to the farmers this will avoid exploitation, if any, from the developers / buyers. Industrialists expressed major concern is not the high price the industry would have to pay for the clear title but the annuity proposition, which would put a lot of burden on them. However, one should note that the Largest state of India, Uttar Pradesh will go to elections in early 2012 and this Bill has been drafted to pamper Voters in the state.

In our view, the Government must only acquire land for its own / Public use. However, the Dirty Businessmen & Politician nexus is so deep in India, that Corporates were not too happy about their employees protesting during 2011, Anna Hazare’s Anti-Corruption Struggle. Well, their is a limit and very soon, India will be another Iran / Libya led by the Educated and the Honest Tax Payer trying to overthrow the Corrupt Governments across State and Center.