Draft land acquisition bill sets safeguards for land losers

However, the proposed legislation makes it clear that consent of project affected families will not be required if the land is acquired by the government for national or state highway projects, or for its own use, to hold and to control.

According to the draft bill, the expression “public purpose” will include the provision of land for strategic purposes relating to naval, military, air force and armed forces, state police or any work vital to national security, safety of people or defence of India.

The public purpose would also mean provision of land for infrastructure, industrialisation and urbanisation projects of the appropriate government, where the benefits largely accrue to the general public, besides the needs arising from natural calamities. The stated public purpose will include public private partnership projects and once it is stated by the government, it cannot be changed, the draft Bill, which was put in public domain by Rural Development Ministry as part of the pre-legislative consultative process on Friday, underlined.

Urgency clause

The draft bill authorises the government to invoke “urgency clause” to acquire land for national defence and security purposes, rehabilitation and resettlement (R&R) needs in the event of emergencies or natural calamities and in any “rarest of rare” cases.

The bill makes it clear that under no circumstances should multi-cropped and irrigated land be acquired.

The salient features of the draft bill include a comprehensive rehabilitation package for land owners and livelihood losers, including the landless who are primarily dependent on the land being acquired.

It entails subsistence allowance at Rs 3,000 per month per family for 12 months and Rs 2,000 per family as annuity for 20 years, with appropriate index for inflation. It also makes it mandatory to provide employment to one member of the family or Rs 2 lakh if a job is not offered and other incentives. “In case of urban areas, the award amount would be not less than twice that of the market value determined whereas in rural areas it would be not less that six times the original market value,” the draft bill proposes.

For land owners, it also has a provision of one acre of land in the command area (of the project) for each family if their land has been acquired for an irrigation project. In case of land acquired for urbanisation, 20 per cent of developed land will be reserved and offered to the owners in proportion to the land taken.

If a tribal’s land is acquired, one acre of land should be given to each Scheduled Tribes’ family in every project. It also says one time financial assistance of Rs 50,000 should also be given to the ST families, whose land is taken. Land owners include those who are assigned land by the governments under various schemes and right holders under the Forest Rights Act, 2006.