Land Acquisition Bill 2013 (Part 1)
The bill first introduced in 2011 to replace the Land acquisition bill, 1894 but reintroduce in 2013 with concept of Rehabilitation by recommendation of Standing committee. This bill is again drafted or passed after recent SC judgment that Land Bill, 1894 has become a fraud (due to no rehabilitation, forced acquisition etc.) and new bill shall be drafted for welfare of common man.
- “Affected Family” – family affected directly or indirectly by land acquisition such as land owner, agriculture labour, tenants, Scheduled Tribes or any other traditional forest tribes, family residing on land for preceding 3 yrs, family whose primary source of income is acquiring land from last 3yrs or more etc.
- Consent required :-
- Private Company acquisition – consent of at least 80% of affected families mainly land owners. The R&R provisions shall be applied on area where private company is acquiring more than such limits as prescribed by appropriate govt.
- Govt Acquisition – consent of at least 70% is required mainly land owners. The R&R provisions shall apply on whole area acquired in all case either govt is acquiring on behalves of private company or for itself or for PPP.
Social Impact Survey
- The Bill provides that appropriate govt shall make a Social Impact assessment (SIA) Study in consultation with Gram Sabha, Municipality etc. to acquire land for Public Purpose. The study shall include number of affected families, impact on infrastructure/basic amenities/standard of life/religious institutions etc. The views of affected family shall be included in SIA by way of Public hearing at an adequate pre-determined place & SIA report shall be available to affected area public in local language.
- The Evaluation of SIA shall be done by independent Expert Group constituted by appropriate govt. The expert shall consist of:
- 2 non official social scientist;
- 2 members from Panchayat, Municipality, Gram Sabha as case may be;
- 2 experts on rehabilitation;
- 1 technical expert related to project.
The expert group shall make recommendation within 2 months either in favour or not for acquisition in writing with reasons and shall be available to public. If Govt proceeds with acquisition instead of –ve report than govt shall provide reasons for that in writing.
- There is a restriction on acquisition of Multi Cropped area but can be acquired in exceptional circumstances in specified limits per district as notified by appropriate govt and an equivalent area of wasteland shall be developed for a agricultural purposes or an equivalent amount shall be deposited to govt for investment in agriculture for food security.
Rehabilitation & Resettlement (R&R)
- The govt shall publish a Preliminary Notification for acquisition of Land within 12 months of evaluation report submitted by Expert Group on SIA otherwise a fresh SIA study shall be done for acquisition. Upon publication of Notification, Administrator for R&R as appointed by appropriate govt shall conduct a survey/census of affected families/total land and prepare a draft R&R scheme within time limits as prescribed.
- Also conduct public hearing, consult with Gram Sabha for R&R scheme. On completion of Public hearing administrator shall submit draft to Collector for review & collector submit draft R&R scheme to Commissioner R&R (as appointed by appropriate govt) for approval of draft.
- After approval, appropriate shall publish declaration by notifying in Gazette, newspapers etc. within 12 months of preliminary notification otherwise notification shall be rescinded and award shall be made by collector within 12 months of Declaration otherwise all proceedings for acquisition of Land shall lapse.
- The criteria to determine Market Value(MV) of Land to be acquired by collector are as follows:-
- The average value of top 50% sale deeds of area for last three years.
- Market value as determined under Indian Stamp Act, 1899 for related area. (whichever is higher)
- Final Award = (a*MV) + value of assets attached + (solatium= (a*MV)) (refer Schedule 1).
Note – for Rural area ‘a’=1 to 2 (2 for distance of > 40km from urban area); urban ‘a’=1.
- The collector shall pass R&R awards for each affected family as per 2nd & 3rd Schedule. Additional compensation will be given to affected families in case of multiple displacements (if displaced from resettled land) as per this act.