Policy brief: Changes in new land acquisition act

What the amendments mean, why they were needed right now

GN Bureau | December 30, 2014



An ordinance to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, popularly known as the land acquisition bill, was cleared by the Union cabinet on Monday night.

The original Act that came into effect from January 2014 and states were facing difficulties in its implementation. The amendments will protect the interests of the affected people and also ease procedural difficulties in the acquisition of lands required for important national projects.

Project-affected people compensation element:
The existing Act’s Section 105 keeps 13 most frequently used Acts for land acquisition for the Central Government Projects out of the purview. These are national highways, metro rail, atomic energy, electricity related projects and etc. Due to this exception a large number of project-affected people were being denied the compensation and rehabilitation and resettlement (R&R) measures prescribed under the Act.

Read more: Short-cut democracy

The amendments bring all those exempted 13 Acts under the purview of this land Act for the purpose of compensation as well as R&R and thus benefiting the affected families.

Faster processing without affecting compensation or R&R is another important change in the amendments cleared by the cabinet:
The amendments facilitate a fast track process for land acquisition for categories. For this the government seeks to amend Section 10(A) of the Act to expand the list of projects that would not require Social Impact Assessment (SIA) and prior consent of affected families. These include projects for defence and defence production, rural infrastructure including rural electrification, affordable housing and housing for the poor, industrial corridors as well as infrastructure and social infrastructure projects including public private partnership projects wherein the ownership continues to vest with the government.

Why the urgency of ordinance
The government had to amend the Act before the end of the year since Section 105 of the Act, which provides for excluding 13 central legislations, would otherwise have to be notified by December 31. The 13 legislation included Land Acquisition (Mines) Act 1885, Atomic Energy Act, 1962, Railway Act 1989, National Highways Act 1956 and Metro Railways (Construction of Works) Act, 1978.

Comments

 

Other News

This is no e-NAM

The National Agricultural Market or e-NAM scheme was launched in April 2016 with the aim of eliminating middlemen, who make wild profits while farmers make a pittance. By trading on the online platform, farmers would be able to sell their produce across locations, seeking out the best payers. But two years

The Kumbh: The grandest spectacle on earth

It is an incredible sight. As our small boat moves towards the Sangam (the confluence of the river Ganga, Yamuna and mythical Saraswati at Prayagraj) much before the break of the dawn, a sea of humanity surges forward to take a holy dip in icy waters in an extremely cold weather by north India’s stan

A stitch in time

After giving birth to two children, Sheila (name changed), a 32-year-old resident of Shahapur in Thane, Maharashtra, decided to get herself sterilised. In 2013, some workers of a primary health centre (PHC) told her about a sterilisation camp 30 km away in Saralgaon, in her mother’s village. She did

The state of Indian education

In India, 50 percent of all boys in the age group 14 to 16 can correctly solve a division problem as compared to 44 percent of all girls, reveals the 13th ASER (Annual Status of Education Report) (Rural) 2018. The nation-wide household survey provides a snapshot of children’s schooling and learning f

The Triptych and us

Some of the developments in India during the past four years, such as lynchings, growing polarisation among communities on caste and religious lines in every walk of life and the consequent fear psychosis that it has entailed have damaged the social fabric of Indian society. There also appears to be strang

What ails the Indian women?

Abha Singh, who is practicing in the high court of judicature at Mumbai, launched the Urdu edition of her book titled ‘Aurat Halat aur Hal’ in Mumbai on January 10. The Hindi edition of the book ‘Stree – Disha aur Dasha’ focuses on women empowerment as well as judicial laws an

6th PSU Awards

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter