The National Advisory Council (NAC) headed by UPA chairperson Sonia Gandhi may force the government to include resettlement and rehabilitation in the new Land Acquisition Bill which will hopefully be introduced in parliament’s upcoming winter session in November.

It is also likely to recommend the principle of "land for land" incorporated in the Bill to ensure that the tribals and farmers ousted get land besides compensation for the land acquired. Prime minister Manmohan Singh has already assured Rahul Gandhi to bring the Bill in the forthcoming parliament session.

A note circulated by Dr Narendra C Saxena, former secretary Planning Commission, as a member for consideration in the NAC's meeting here on Friday also recommends that the compensation to the land owner should be determined on the basis of future value of land.
“The price of land shoots up manifold once development takes place and as such the land owner should enjoy fruit of the development instead of the current practice of paying the rates prevailing at the time of acquisition,” Saxena said.

His note says land acquisition should go in tandem with rehabilitation of the displaced and the displacement should take place only after complete resettlement and rehabilitation. It adds, rehabilitation would be considered complete only when the earnings of the project-affected people are brought above the poverty line.

The note also calls for redefining the term "affected people" to be compensated under the proposed law as those who were either "displaced" from their home, land or agriculture field or had lost 50 percent or more of their assets or income.

Saxena also stressed that a minimum 10 percent of the project cost should be spent on rehabilitation and resettlement, excluding compensation. He was asked by Sonia Gandhi to study and suggest changes in the Land Acquisition Bill introduced in parliament during the first term of the UPA government that remains pending.

"Today, project-affected people are no longer in a mood to suffer passively. Consequently, there has been growing protest and militancy leading to tensions, conflict and violence. A well intended, liberal and comprehensive resettlement and rehabilitation policy is, therefore, required not only to protect the interests of the displaced, but also in the public interest to ensure quick acquisition and faster access to such acquired land,” said Saxena in his preface to the note.

He also wants the right to information to all project-affected people and people’s organisations about all aspects of the projects, including environmental assessment and the resettlement and rehabilitation plan, started on land acquired from tribals or farmers. The information, he says, must be provided in the "language of the people."