BAULSPHERE: MAMATA Pulls CHAIN to Stop Land Acquisition EXPRESS But it RUNS Faster NON Stop DURANTO!
With notification of the National Policy on R&R 2007 and the introduction of the twin Bills, there would be minimal displacement of people when land is acquired for projects.
The policy postulates that the use of agricultural land for non-agricultural purposes be kept to the minimum.
The proposal will ensure that the land acquired is not transferred to any other purpose except for a public purpose.
| South Asia |
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 | | Private buses and taxi operators in India's third most populous city, Calcutta, begin an indefinite strike over vehicle bans. |
| India needs statecraft, not stagecraft 24 Jul 2009, 0030 hrs IST, Brahma Chellaney, | |||
But the chorus of disapproval that has greeted his volte-face shows he underrated the continuing anger in India over the unparalleled Pakistani terrorist assaults on Mumbai. After all, India is being uniquely targeted not just by non-state actors (NSAs), but by state-sponsored non-state actors (SSNSAs), with Singh himself having admitted earlier that "some Pakistani official agencies must have supported" the Mumbai attacks.
Like his predecessor, Atal Bihari Vajpayee, Singh has taken India on a roller-coaster ride on counterterrorism, with an ever-shifting policy course on Pakistan. His latest U-turn on Pakistan, however, parallels the manner in which he pushed through the controversial nuclear deal with the US. In both cases, he broke his solemn assurances to Parliament.
Also, like the nuclear deal, Singh's decision to delink talks with Islamabad from Pakistani action against terrorism was the product not of institutional thinking but of personal choice. Yet another parallel is that the PM has himself moved the goalpost to help cover his concessions. And just as he tried to spin the reality on the terms and conditions of the nuclear deal, Singh has turned to casuistry to camouflage his shift on Pakistan.
Calling Pakistan "the epicentre of terrorism", the PM declared in the Lok Sabha on December 11, 2008 that, "the infrastructure of terrorism has to be dismantled permanently." Pakistan must meet the "minimum precondition" of ensuring its soil will not be used for terror activities against India, Singh had put on public record. Yet today, his government willy-nilly is moving back to business-as-usual with Pakistan, although Islamabad has done nothing — as New Delhi admits — to shut down terrorist-training camps along the Indian border or to cut the lifeline its military establishment provides to the terror groups.
Just as the nuclear deal bore Singh's personal imprint, the latest Pakistan-policy shift has been sculpted by him, with little regard for professional inputs. Indeed, he has ignored the lesson from his 2006 action when he turned Indian policy on its head and embraced Pakistan as fellow victim of, and joint partner against, terror. The stalled Joint Anti-Terror Mechanism has stood out as an astonishing blunder. Still, at Sharm-el-Sheikh, Singh again obliterated the line between the victim and the aggressor by agreeing that "terrorism is the main threat to both countries", and then went one step further to commit India to "share real-time, credible and actionable" intelligence on terrorism with a country still wedded to waging war by terror.
| TALES OF NOMADIC MINSTRELS | |
Baulsphere: My travels with the wandering bards of Bengal By Mimlu Sen, Random House, Rs 395 This book deals with the lives of the bauls of Bengal. It leads us into the mysterious nomadic lives of these wandering minstrels who see life as a divine pilgrimage. For the first time, it informs us about a world so close to our own, and yet so strange. Our initial reaction to this captivating account can be nothing but unanticipated satisfaction. The ancient bauls had become a part of the landscape of Bengal. It was only during the 1970s that the bauls attracted the attention of eminent theatrical personalities of Europe, who were inspired by these ordinary people and considered them divine. They patronized the bauls and helped them create a recognition for themselves in Europe, making their music globally known. Jerzy Grotowski, Peter Brook and Andre Gregory were among many who found in the bauls something that Western philosophy was frantically looking for. If this helped the wandering singers, it also somewhat changed their ways of life, which were earlier limited only to religious devotion. In ancient times, the bauls used to be associated with temples and sang devotional songs during festivals. They were patronized by the villagers. But the changes in social attitude in the modern times transformed the bauls into nomads living a hazardous life. They even started begging in suburban trains for survival. Mimlu Sen's fascinating account of these people and their bizarre ways of life is knitted so closely into the texture of her narrative that it makes the reader become a part of their weird and wonderful world. The narrative starts from Paris where Sen lived before she met three bauls who mesmerized the people of Paris with their performance. She left home to follow one of them, Paban Das Baul, into the heart of Bengal. There she discovered the real lives of these people, what she calls "Baulsphere". The book is a journey that takes us through important baul routes — from Durgapur to Santiniketan, Ghoshpara to Agradwip and Boral and finally to Paris — to explore a world that is as beautiful as it is strange and hazardous. But the book is also a succinct account of Sen's own life, which is no less stranger than fiction, and adds to the narrative's captivating flavour. If the lives of the bauls move us, Sen's risky venture into their world and the bohemian style of her life also fascinate us. The real interest of the book, however, lies in the lives of the bauls, who try to find truth in many ways like singing songs and practicing asanas and sexual rituals through yoga. What is remarkable about some of the baul gurus is that they sometimes challenge the stereotypes of conventional religious beliefs in their quest for truth. While Sen wanders deeper into this strange world of songs and rituals, we meet tantriks, sadhus and tribals, poor and middle-class men and certain outlandish characters who inspire awe. Sen does not enter this world as an outsider but gets deeply involved with the beauty of the lush Bengal countryside and the bizarre ways of the bauls. She even falls in love with one of them and finally becomes a part of the baul world. The book contains innumerable translations of known and less-known baul songs that are difficult to find elsewhere. It also contains photographs of bauls in different fairs and akharas. Written in a language that resonates with the cadence of music, Baulsphere adds significantly to the available literature about the bauls. | |
| SHAMS AFIF SIDDIQI |
| Texmaco to raise cash via QIP |
| OUR SPECIAL CORRESPONDENT |
| Calcutta, July 23: India's largest wagon maker Texmaco plans to raise Rs 150-200 crore through a qualified institutional placement (QIP) to fund its expansion plans and cut debt. The issue will open within a day or two and will be completed by next week. Investors have shown interest in the issue, Texmaco chairman S.K. Poddar said. As part of its diversification plan, Texmaco plans to build wagons and coaches for metro rail. The wagons will be built at Texmaco's factory at Belgharia. The company has entered into an equal joint venture with Australia's United Group for the project. Ramesh Maheshwari, president and CEO of Texmaco, said the joint venture would tie up with Japan's Kawasaki for the project. |
| STILL FUMING |
| For all their differences, the government and the Opposition in West Bengal have one thing in common. They seem to be perpetually conspiring to make life miserable for the common people. The threat of an indefinite transport strike shows once again how a callous government and an irresponsible Opposition can together hold people's lives to ransom. Yet the issue on which the transport operators have called the strike leaves little room for debate. Calcutta has a disastrous level of air pollution, thanks to the foul fumes emitted by the old vehicles that ply its streets. That such vehicles have been allowed to run so long should have been enough proof of the government's inefficiency. The corruption in the departments that are supposed to monitor the state of the vehicles is public knowledge. Repeated interventions by the judiciary had earlier failed to push Writers' Buildings into taking decisive action. The government faces an ultimatum by the Calcutta High Court to ban all 15-year-old vehicles from August 1. The trade union tyranny that now confronts the government is a legacy of the Left's own politics of blackmail in another time. However, the government has only one option now — to act firmly and comply with the court's order. The people's right to breathe less polluted, if not fresh, air must not be surrendered to an inept government, its cynical rivals or oppressive trade unions. The ruling Marxists themselves have been the worst offenders in terms of irresponsible trade unionism. How his government deals with the transport operators' threat is one more test that the chief minister, Buddhadeb Bhattacharjee, cannot afford to fail. It is also his opportunity to redeem the image of his government, which lies shattered on so many fronts. For his rival, Mamata Banerjee, the strike comes barely three days after she publicly promised to leave behind years of streetfighting and graduate to "constructive" politics. Some of her party colleagues lead the transport operators' unions. They see the strike as another opportunity to settle scores with the Marxist government. Her party's role in the strike should indicate whether the people can take her promise of "constructive" politics seriously. If she supports the strike, the message will go out that she remains as unreformed and unchangeable as her Marxist adversaries. But then, the people get not just the government but also the Opposition they deserve. |
| THE MAN WHO PLAYS HARD TO WIN | |
Renegade: The making of Barack Obama By Richard Wolffe, Virgin, Rs 490 When candidate Barack Obama threw his hat in the 2008 presidential sweepstakes, he, ever so conscious of history, allowed Richard Wolffe, a senior White House correspondent of Newsweek, to travel with him and be at his side till election day. One of the book's most interesting episodes reveals that it was Obama who came up with the idea of a tome, nudging Wolffe with a casual remark — "Why can't you write a book about it? Like Theodore White. Those are great books." Obama is often bracketed with John F. Kennedy on the charisma barometer, and a Camelot-style report on his remarkable campaign was inevitable. Kennedy's election was a political as well as a literary watershed: not long after the election, Theodore White made it big with the publication of The Making of the President, 1960, a classic on political reporting that covered the campaign with a novelist's sense of drama coupled with astonishing detail. It has been imitated many times since, even by White, who dutifully put himself through the same paces every four years, never replicating the energy of the original. In retrospect, despite hundreds of campaign books since then, no one else has been able to do the same. Renegade makes an audacious claim with a title to match White's classic, and largely lives up to it. Like White, Wolffe was lucky that the campaign he was chosen to cover was exceptionally historic and the candidate charismatic. Crisp and lively, the book will please the millions who lived and died with every breath of the campaign and will satisfy the hunger of those who want to know more about the person at the centre of these historic events. Wolffe faces a problem that has afflicted others who have written about Obama — it is difficult to write better than what Obama has himself already written in two of his own best-selling books. But Wolffe does a commendable job of exploring the paradox within the "quiet renegade" who rewrote all the rules of American politics, retelling a story that manages to captivate us even though we all lived through the event. Obama, the son of an anthropologist, offers gnomic observations about the political process (interestingly, he admires Ronald Reagan, a quintessential Repulican) and retains his likeability even when complaining that the media scrutiny is like a "public colonoscopy". Like White, Wolffe obviously favours the protagonist whom he refers to as "the candidate". But to his credit, he points out the odd warts too — some dubious entries on campaign finance and his shifting stance on the North American Free Trade Agreement for instance. In the process, he reveals a steely politician who is determined to play hard to win, even while seeming to be above the politics of anger. Wolffe flavours the book with his own opinions — including the arresting thought that the intemperate sermons of Obama's then-pastor, Jeremiah Wright, might easily have been discovered before the Iowa caucus, thereby seriously damaging Obama's campaign at the outset. What the informed reader would have liked was more inputs about the other aspirants as well as insights on the colossal effort Obama put in critical states such as Pennsylvania, North Carolina and Missouri where he narrowly beat Hillary Clinton. It was, by any standard, a remarkable turnaround for a candidate who lost the "momentum" state of New Hampshire, and was also beaten in the popular vote in the two most populous states of California and New York. The chief drama revolves around Obama-Clinton more than Obama-McCain, and we are offered glimpses of the agitation that Clinton's perseverance was causing inside the Obama team. But we are told little of the genuine policy differences that separated them, their take on the spike in gasoline prices for example, which was prominent in the complex equation of 2008. Of special interest to readers in the subcontinent is Obama's close friendship with two Pakistani students in college. Apart from the usual trivial conversations in the college cafeteria, "they shared a week-long driving vacation along the West Coast, down to Mexico and up to Oregon, visiting friends in a beat-up red Fiat coupe". Both were from Karachi, and Obama visited their families and stayed with them for a few weeks during Ramazan. In Hyderabad (Pakistan), he was "shocked to see a life that had barely changed in centuries". While the landlord lived in comfort and luxury with running water and electricity, the peasants toiled in the fields without any such facilities in their homes. "You had untouchables who were still functioning as indentured servants, effectively", Obama confided in the author. Among the peasants was an indentured servant of African origin whose forefathers were brought to the west coast of India from East Africa, and could well have been from Kenya, the home of Obama's Muslim father. These experiences, and the years he spent in Indonesia as a child, shaped his view of Islamic nations and his stance on the 'War on terror'. Consequently, when he talks about their politics and the changes they need to bring to their societies, he is seldom cast aside like other American leaders. Around the beginning of their collaboration, Obama asked Wolffe whether there would be enough drama in merely a successful realization of a vision: "What happens if we just had a plan and then went out and said, let's execute it?". That is precisely what happened in 2008, but not without drama. Renegade is surely not the final word — but it is as close as we are likely to get until Obama's aides write their version of an extraordinary story that is still unfolding. | |
| SATRUJIT BANERJEE |
Latest Screaming headline from the TOILET Media is all about thhe Mamata, Union Cabinet at loggerheads over land acquisition bill!
The new amendment falls short of protecting poor farmers as the rehabilitation and resettlement is not fully guaranteed by the provisions of the bill, Banerjee had argued.
Meanwhile, the National Alliance of People's Movements (NAPM), which is led by social activist Medha Patkar, staged a demonstration in the capital against the proposed land acquisition bill.
The Union Cabinet reportedly discussed the amendments to the Land Acquisition (Amendment) Bill 2007 and the Rehabilitation and Resettlement Bill for nearly three hours.
According to sources, Banerjee opposed a major provision in the bill that provides for private developers acquiring 70 per cent of the land for a proposed industrial project directly from the farmers and landowners. According to the provision of the proposed amendment bill, the remaining 30 per cent is to be acquired by the state government.
Banerjee, who was at the forefront of the agitations in Nandigram and Singur in West Bengal against the acquisition of land for the TATA Nano project last year, strongly demanded penal provisions to check the use of money and muscle power by private developers while acquiring land from the farmers, Cabinet sources said.
The Railway Minister Mamata Banerjee is understood to have raised serious objection to the bill relating to land acquisition for industrialisation and rehabilitation of the land losers. She raised her objections at a meeting of the Union Cabinet on Thursday night on the provisions of the Land Acquisition (amendment) Bill 2007 and the Rehabilitation and Resettlement Bill that were on the cabinet agenda.
The amendment Bill proposes to make the various steps of the land acquisition process time-bound. On the utilisation of the land acquired and their transfer, it is proposed that the land acquired is not transferred to any other purpose except for a public purpose and that too, not without prior approval of the appropriate government.
When any land or part thereof acquired under the Act remains unutilised for a defined period from the date of taking over possession, the same would return to the appropriate government.
Where the land acquired under the Act is transferred to any person for a consideration, a part of the net unearned income so accruing to the transferor would be shared among the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired.
The entitled persons should have the option to take up to 20 per cent of their rehabilitation grant and compensation amount in the form of shares, if the Requiring Body is a company authorised to issue shares and debentures. With prior approval of the government, this proportion could be as high as 50 per cent of the rehabilitation grant and compensation amount.
Meanwhile,Kolkata came to a virtual standtill with transport operators going on strike from Friday (July 24) over the West Bengal government's order to ban vehicles more than 15 years from the city's roads. Commuters dependent on public transport faced delays and harrassment trying to get to their destinations with only 3,500 government buses plying and autorickshaws extorting money from hapless passengers.
Among those to go off the roads are some 6,000 taxis, 3,000 buses and 35,000 auto-rickshaws.
Transport operators went on an indefinite strike after their meeting with the West Bengal Transport minister Subhash Chakraborty over the ban failed to see a breakthrough.
As a result, barely a week after after the Bengal bandh roads were deserted with the taxi and bus stands outside Howrah station full of passengers lining up but without any vehicles.
Commuters had to take cycle-pulled rickshaws or wait a long while to get motor transport into the main city.
As the day progressed the situation only deteriorated for daily office goers. It is to be seen whether the transporters relent after their meeting with the government this evening.
Nearly 30,000 buses, mini-buses and taxis went off the roads all over West Bengal on Friday (July 24) in response to an indefinite strike called by private transport operators, inconveniencing thousands of office-goers and commuters. In Kolkata city, office-goers had a trying time in the absence of over 15,000 private buses and mini-buses from roads as long queues were seen at bus stops. Many people were seen walking from Sealdah railway station to their offices in the BBD Bag area.
The strike was called to protest against state government's alleged refusal to assist the transporters on the Calcutta High Court's order banning 15-year old commercial vehicles from the metropolitan area from August 1. In a related development, the court today refused to entertain an application by the Bengal Bus Syndicate to extend the July 31 deadline of the ban, observing that the right of citizens to breathe pollution-free air is supreme. A division bench of Chief Justice SS Nijjar and
Justice B Somadder also summarily rejected a prayer by environment activist Subhas Datta for an early hearing of the prayer by the bus owners. Though private buses were off the roads, the state-run buses, trams and ferry services plied normally in the city and auto-rickshaws also came to the rescue of many harried commuters. Metro and circular railways maintained their services with the Metro increasing the frequency of services from eight minutes to six minutes to cope with the extra rush.
The party feels that these legislations fall short of protecting poor farmers as their rehabilitation and resettlement is not fully guaranteed by the provisions. The TMC had earlier put forward its suggestions on the legislations in writing much before the bills were brought to the cabinet for its consideration, party sources said.
Banerjee vociferously opposed the much-awaited — and delayed — bill brought by rural development ministry for consideration, saying she could not support in Delhi what she had opposed in West Bengal. She almost walked out before before being persuaded to return.
The incident underlined that Banerjee is going to be unrelenting in opposing any policy move which she feels impacts her prospects in the West Bengal assembly polls due in 2012. She has already expressed her reservations on disinvestment as the leader is bent on opposing any measure that she feels will be painted by the Left as "anti-people". Her focus expectedly remains on populism.
The twin bills dealing with a change in the land acquisition policy and the resettlement package would still be tabled in Parliament as the Cabinet assured Banerjee that the legislations would be referred to the parliamentary standing committee.
The stormy Bengal minister specifically opposed the 70:30 clause in the acquisition bill, saying that it offers little protection to farmers from eviction threat and can be "exploited". The new provision makes it mandatory for any private body requiring land to buy 70% itself while the state can help it with the remaining part of it.
Government sources said it would prolong the stalemate over the legislations which were drafted as part of its attempt to win over farmers. The bills came in the wake of rising tide of protests against land acquisitions through the country, especially over SEZs, in early part of UPA-1.
Planners saw them as the solution to protests as the 70:30 clause aimed to cut the government out of land acquisition for private companies. But they have still triggered a negative response from leaders like the Trinamool chief.
Interestingly, Trinamool's arch rival Left parties are also opposed to the proposed legislations, though on a different ground altogether. CPM has stated that "land" and its acquisition was a `state function' which could not be taken away by the Centre. At the same time, the Left Front government has put an absolute halt to any major land acquisition projects after Nandigram and Singur.
The Cabinet assurance to Banerjee of referring the bills to the standing committee has resulted in an ironical situation. The R&R package has already been vetted by the parliamentary standing committee which was headed by BJP leader Kalyan Singh in 14th Lok Sabha and had suggested that the 70:30 clause be dropped.
Rural development ministry decided to ignore this particular suggestion as it felt it gave a shield to farmers. It was argued that the burden on private parties to buy land directly from farmers would break the official-industry nexus which led to unpopular acquisition decisions. Also, it would fetch farmers a good deal through the R&R package to be announced as a law.
Mr. Dasgupta, after placing the Finance Appropriation Bill, 2009, in the Assembly, said: "The State government will not go in for forcible acquisition of land for industry, who will be encouraged to go for direct purchase of the land according to their need."
Meanwhile, the government has scraped the 85-km Raichak-Barasat road project, with estimated land requirement of 3000 acres. The FM said: "We do not feel that the project should be implemented at this juncture."
Talking about the Nano land controversy, the FM said that some people don't want industrial development of the state for their vested interests. However, the government is committed to overall development of the state, considering its impact on farmers and other affected families.
Special Correspondent
Medha Patkar
NEW DELHI: The National Alliance of People's Movements will launch a nationwide agitation against the proposed Bills to amend land acquisition and rehabilitation laws, alleging that they were anti-people.
Alliance leaders Medha Patkar, Ashok Choudhury, Gumman Singh, Vimalbhai and Bhupender Singh Rawat told journalists on Wednesday that the organisation would stage a two-day agitation, beginning on July 23, here to protest the Land Acquisition (Amendment) Bill and the Rehabilitation and Resettlement Bill. These Bills, they said, would only result in further displacement of 'aam aadmi,' and they were not aimed at offering a solution to their displacement.
The leaders called on Rural Development Minister C.P. Joshi and demanded that the Land Acquisition Act, 1984, be scrapped and the two proposed Bills withdrawn; instead, the National Advisory Council Draft of 2006 be reintroduced.
They called for the formation of a joint parliamentary committee to study the issue, to interact with activists and experts and social scientists before the NAC draft was finalised and legislation fashioned.
Taking exception to the Land Acquisition (Amendment) Bill, the leaders said requirements such as social infrastructure had been dropped as public purpose, which now treated corporate, mining, and highways as infrastructure development. The amendment also proposed to replace the term 'company' with 'person' which, they said, was aimed at making land grab legitimate.
The leaders said the Rehabilitation and Resettlement Bill did not acknowledge the rights of affected persons.
http://www.hindu.com/2009/07/16/stories/2009071653171000.htm
No land acquisition, says Bengal, scraps expressway
Taking a lesson from its poll debacle for which land acquisition was considered as one of the major reasons, the state government on Thursday announced that it would not go in for forcible land acquisition any more to set up industries.
In the first Cabinet meet after the Lok Sabha polls, the government decided to shelve the acquisition of 120 acres of land for a city centre at Kharagpur.
The announcement was made in the Assembly by state Finance Minister Asim Dasgupta, who was replying to the debate on West Bengal Appropriation Bill.
Dasgupta also said that the Barasat-Raichak expressway project of the Salim Group of Indonesia stood cancelled. "We do not think it is required any longer," he said. The Salim group was to construct the 85-km-long expressway between Barasat in North 24 Parganas district and Raichak in South 24 Parganas district, which required 3,000 acres of land.
The Salim Group is also supposed to build a bridge across the river Bhagirathi between Raichak and Haldia.
Dasgupta also said that from now on industrialists would have to purchase land to set up industries. "To acquire land for big industries, investors will have to go in for direct purchase of land. And in case they get stuck in getting a small piece of land, the state government will come forward," Dasgupta said.
The state government's decision marked a climb-down from Chief Minister Buddhadeb Bhattacharjee's efforts for quick industrialisation of the state. Without land acquisition, the state's industrialisation process will hit a roadblock, political and industrial circles say.
http://www.indianexpress.com/news/No-land-acquisition--says-Bengal--scraps-expressway/490570
Bengal rejects Bill that would have allowed private buying of land
The West Bengal government has faced tremendous resistance to acquire land over the past three years
Romita Datta and Aveek Datta
Land Acquisition Bill and the Panchayet: things to expect and fear. A case study on Salboni
By Debarshi Das, Sanhati
The Rehabilitation and Settlement Bill and the Land Acquisition (Amendment) Bill have recently been tabled in the Parliament. One of its core proposals is, the government should not be a direct participant in land acquisition for industries. This has raised the heckle of a certain section of corporate media. The Anandabazar Patrika editorial of 10th December complains, "..the pace of industrialisation would surely slow down in some states of the country. Take for instance this state (West Bengal - ed.). The land plots under individual ownership in this state are generally small. Therefore the industrialist would face much difficulty in acquiring a big consolidated piece of land which is needed for large scale industries. On the one hand, land price would shoot up due to inefficiency in the land market. On the other, powerful speculators would start calling the shots. Hence the real owner of the land would lose out as well. This could have been avoided had the state government acquired the land.".
When the government is not in the scene does the acquisition process become hostage to unwilling, ignorant peasants and scheming speculators? Do the entire paraphernalia of political parties, bureaucracy and other institutions simply sit by and let the invisible hand of market decide what goes where? On 11th January, 2007 at a Kolkata five star hotel Buddhadeb Bhattacharjee was spouting Shakespeare and Tagore . He had just concluded a deal handing over 4300 acres of government land at Salboni to the Jindal group to set up a steel factory. Jindal group was supposed to acquire a further 500 acres of land directly from the landholders. How did it go? What has been the role of the Panchayat, both as a mediating agency between the industrialist and peasants and as a collective bargaining body of villagers? Swati Bhattacharya did a field tour and wrote two op-ed articles on 6th and 7th September in The Anandabazar Patrika.
Panchayat as a bargaining body: Kashijora and Bakibodh villages
Manabendra Roy, Secretary, Panchayat Department, is of the opinion that Panchayats have some duties regarding setting up of small industries but none in heavy industries. The industrialists however have a different take on it. Rajesh Gupta, Project Vice President, JSW Bengal, thinks Panchayats have four major roles to play. One, to ascertain who is the real owner of the land. Two, if she is not alive, to detect who is the inheritor. Three, to decide who will get what portion of the compensation. Four, to clarify the nature of the package offered by the company to the villagers. Local administrators concur. Bishwadip Barik, BDO, Salboni holds Panchayats have the role of public interface between the industrialist and villagers. And also to forcefully place the demands of villagers.
The villagers however have had a different experience on these matters. Kalpana Paria, President, Salboni Panchayat Samiti, could not remember if there were any conditions in the compensation package which came from the villagers. Neither does she know of any mechanism through which people's demands are known so that they could be bargained upon. How does she know if everyone is willing to sell land? "We are able to execute the project because people want it. Otherwise there would have been no projects." Amulya Singh and Bibhishan Ray, heads of Kashijora and Bakibadh village Panchayats were not consulted when land to be acquired was selected. Only Jindal people, DM, Minister were there. Three lakh rupees are being given in cheques, three lakhs in cash: why not the entire amount in cash? "We have no idea. DM, BDO had a talk." Villagers gathered at a forsaken primary school were unanimous: Panchayat had taken the side of the Jindal, instead of the public. If it had done the latter they could have had a far better deal.
Panchayat as a bargaining body: Asnashuli, Bashkopana, Saldanga villages
Villagers of Asnashuli, Bashkopana, Saldanga are not opposing industries, they are rather eager about the steel factory. But the rehabilitation package they are getting is entirely decided by the company, they had no say in it. The package entails cash payment of Rs. 3 lakhs, Rs 3 lakhs worth of shares and job to one member of each family. More crucially, the last two are purely verbal promises. District Commission Bhabaniprasad Barat thinks the deal is founded on 'good faith.' Bishwadip Gupta, CEO, Jindal group, believes since Buddhabeb Bhattacharjee has been assured by Sajjan Jindal there is no scope for uncertainties. Sachindra Bhuiyan, Panchayat member, Bashkopana, believes out of the ten thousand workers that Jindal would employ all would come from these villages. They have been promised so in front of the DM and BDO. Besides, the state government would have shares in the company. But DM, BDO may get transferred tomorrow. IISCO did not employ the evicted of Purushottampur. Why are they accepting the offer when there is no written assurance? "Party is making it, we are taking it. I don't have any personal opinions." What is the difference between the party and Panchayat? "Party runs Panchayat. Panchayat has no autonomy. We have to go with the party directive."
There is no representation of opposition parties in these villages. Rajesh Gupta, when asked to name a few Panchayat members who have helped in land acquisition, referred to someone who is not a Panchayat member but a party worker. Virtually no gap exists between the political and the administrative. With breathtaking ease therefore, protest to the land deal is equated with political opposition. When told that Asnashuli is refusing to sell 50-60 acres of fertile land, Sachindra Bhuiyan prophesises, "They are doing this for the sake of political opposition." Asnashuli residents did not dare to speak at the public hearing of Jindal takeover. "We would have got marked as the opposition if we had said anything."
Villagers were not consulted when land price was fixed. Bishwadip Gupta offers the 'scientific' government formula which entails no role for the seller in determining land price. The Land Revenue Department calculates it on the basis of the average prevailing price of previous three years. "Therefore Rs. 2.75 lakhs and Rs. 3 lakhs per acre for non-agricultural and agricultural land are the correct prices." Villagers of Saldanga and Bashkopna are not convinced. Why the land price is so low in Salboni? "We have read in newspapers that in Kharagpur the going rate is eight to ten lakhs. In Singur it's seven lakhs. Panchayat members told us that the price we are getting is three times the real price." Draft proposal of central government for land acquisition indeed has provision of three years' average as the compensation price. But Pariskar Mahato of Asnashuli has a different take, "Land price has gone up sharply. I shall be able to buy only one bigha after I sell one acre. How will I survive on farming?"
More fundamentally, why should not the sellers have any decision making functions? Adhir Singh of Bashkopna, "Panchayat members had told us the Jindal people would discuss with us." No such thing eventually happened. "We have lost all faith." Durgapada Hembram of Saldanga, "I am losing 3 acre 45 decimal of land, they did not call me for any discussion." In the tribal village Arabari, Lakkhi Hasda and Ishshar Hasda, "We don't want to sell our land. Panchyat chief told us our land would be caught in the middle. There will be walls encircling it. What can we do?"
Bashkopana: multi-crop land, irrigation water, environment and compensation
Another complaint against the Panchayats is, they are showing all the multi-crop land as mono-crop. Ananda Singh of Bashkopna, "None of the villagers call these lands mono-crop. Besides paddy we grow wheat, potatoes, chillies." On a map Asnashuli villagers show a 50-60 acre area which produces two harvests. "We are ready to sell 100 acres of mono-crop land. But please leave out lands which produce two to three harvests." Jindal group and Panchayats deny the existence of such lands. Sachindra Bhuiyan declares, "No one would get the two-harvest land price." Who then decides what is what?
And there are other questions too. Two dams which feed some 400-500 acres have fallen inside the acquired land. Bishwadip Gupta says if the factory has additional water it would be supplied to Kharagpur Development Authority. The responsibility of distributing that is with the KDA. How the villagers will get their irrigation water seems to be nobody's headache. Neither are the environmental impacts. Villagers are uncertain if their land would remain fertile once polluted water from the factory poisons the ground water. Would their homes remain habitable if ash from the thermoelectric plant starts swarming the locality? What would happen to the share croppers (there are only 28 of them in the register)?
"Money is an empty thing"
Moreover, there are concerns over the land-sale money. Dulal Bhuiyan of Bashkopna, "Our family had two acres. Six lakhs rupees are being distributed among 11 claimants. How shall we survive?" This underlines the fact that land is not merely an asset which can be easily transferred. It is also an important source of livelihood in an unemployment-ridden rural economy. If it's taken away, without sight of an alternative, people are rendered most vulnerable. Abani Mahato of Asnashuli had got a Rs. 68 thousand cheque and bought a motorbike with Rs. 65 thousands. Many have spent the money in repairing houses. Four to five banks have opened camps in the village. Chit fund agents are frequenting. Ananda Singh of Bashkopna hits the nail on the head, "Money is an empty thing. What we needed we used to get from land. Now we would have to buy shopping bags."
The hope which is still alive is that they would get jobs. 75 percent of them have not gone past matriculation, there are eight to ten graduates in the entire area. Nevertheless, the work of an unskilled labourer is a dream come true in these villages which do not see more than one week of work a year even after getting the job cards. The party and Panchayat is busy weaving that dream. However, Amulya Singh, chief Kashijora village Panchayat sounds Darwinian when asked about the benefits of industrialisation for the evicted. "People would get jobs according to qualification. This is how man develops through evolution. They would themselves enhance their abilities and prosper."
Salboni's missed opportunities, and how the CM helped out
Swati Bhattachrya concludes, Salboni villagers have missed three precious opportunities. One, they have not been able to articulate their demands over compensation package. Two, they could not obtain any infrastructural facility. Three, for their future livelihood and living they have now become dependent on the charity of industrialists. This may take them to the opposite pole of capability. "Amartya Sen remarked that a poor person is one whose likings or dislikings have no value. Industrialisation is reiterating this truth. The final question is therefore on goal and means. If the purpose of development is removal of poverty, empowering the vulnerable, can it be achieved through a process which is against social justice?"
The Anandabazar Patrika need not be so much concerned. The party would take care of acquisition if the government cannot. On 19th September Buddhadeb Bhattacharjee was heard expressing 'doubts' about the Jindal group's decision to provide jobs and shares to land-losers. Did he think that the deal had too little on offer for the villagers? Was he concerned that the capitalists would renege on the promises which would leave the evicted in the middle of nowhere? Did he seek a written assurance from the group, which he could then communicate to the dirt-poor of his state whose land he was grabbing at the behest of the rich? Sajjan Jindal assuages our anxieties. "I had discussed the proposal (on jobs and shares) with the chief minister before making it public. He said it was a good concept but he had concerns about its effect on other industries and how they would feel about it."
It hardly get curiouser than this.
Land Acquisition Act
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The Land Acquisition Act of 1894 is a legal Act in India which allows the Government of India to acquire any land in the country.
"Land Acquisition" literally means acquiring of land for some public purpose by government/government agency, as authorised by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency.
Contents[hide] |
[edit] Purpose of Land Acquisition Act
The land acquisition act of 1894 was created with the expressed purpose of facilitating the government's acquisition of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for putting up educational institutions or schemes such as housing, health or slum clearance, apart from the projects for rural planning or formation of sites. The word "government" refers to the central government if the purpose for acquisition is for the union and for all other purposes it refers to the state government. It is not necessary that all the acquisition has to be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and co-operative societies established under the co-operative societies act can also acquire the land for developmental activities through the government.
[edit] History of Land Acquisition Act
Regulation I of the land acquisition act was first enacted by the British government in the year 1824. Its application was throughout the whole of the Bengal provinces immediately subject to the Presidency of Fort William. The rules empowered the government to acquire immovable property at, what was deemed to be, a fair and reasonable price for construction of roads, canals or other public purposes. In 1850 some of the provisions of regulation I of 1824 were extended to Calcutta through Act I of 1850, with a view to confirm the land titles in Calcutta that were acquired for public purposes. At that time a railway network was being developed and it was felt that legislation was needed for acquiring land for the purposes of the railways. Building act XXVII of 1839 and act XX of 1852 were introduced to obviate the difficulties pertaining to the construction of public buildings in the cities of Bombay and Madras. Act VI of 1857 was the first full enactment, which had application to the whole of British India. It repealed all previous enactments relating to acquisition and its object. Subsequently act X of 1870 came in to effect which was further replaced by land acquisition act 1894, a completely self contained act, in order to purge some of the flaws of act X of 1870.
After independence in 1947, the Indian government adopted "Land Acquisition Act-1894" as a tool for land acquisition. Since then various amendments have been made to the 1894 act from time to time. Despite these amendments the administrative procedures have remained same.
[edit] Content of the Legislation
[edit] Notification
The process of acquisition begins with the issuance of preliminary notification, as envisaged under section 4(1) of Land Acquisition Act, 1894. The notification has to be essentially published in the official gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language. Further, it is also necessary that the notification has to be affixed in conspicuous places of that locality.
[edit] Filing of objections
The main objective of issuing preliminary notification is to call for objections, if any, against such acquisitions from the owners or others who are having certain interest over the property; giving them an opportunity to raise their claims against the move of the government for acquiring their lands. The persons aggrieved by such notification shall file their objections within thirty days from the date of preliminary notification(date of the publication of notification).
[edit] Final declaration
After receipt of objections, the concerned authority shall consider those objections, and if found unsatisfactory, then a final declaration rejecting the claims will be issued. Section 6 of the amended Act provides that the final declaration shall be issued by the authority within a period of one year from the date of issuance of preliminary notification under section 4(1) of the Act. However, prior to the amendment, the time stipulated under the Act for final declaration was three years from the date of publication of the preliminary notification. The final declaration has to be published as required under section 6(2) of the Act.
[edit] Award
Section 11 of the Act provides that after receiving the objections, the authority will have to hold an enquiry. However, it is necessary that actual extent of land proposed to be acquired and the value of the land has to be assessed before starting the enquiry, as required under sections 8 and 9 of the statute. On completion of the enquiry, award will be passed to that effect and published by the competent authority. After passing the award, the Collector or the Deputy Commissioner shall send notice to the owners or their representatives who were not present personally at the time of passing of the award.
[edit] Time limit
Once the enquiry is concluded, it is the duty of the competent authority to pass the award within two years from the date of publication of the declaration under section 6, as envisaged under section 11 A of the Act. If the authority fails to adhere to the time schedule prescribed under the Act, the entire proceedings initiated for land acquisition will lapse. After passing of the award, the Deputy Commissioner or any other competent authority may take possession of the land immediately, which shall thereupon vest absolutely with the government, free from all claims, whatsoever.
[edit] Special powers
Section 17 of the Act confers special powers with the concerned authority wherein passing of award may be dispensed with and yet permits to take possession of the land notified for acquisition. Further holding of enquiry can also be waived, as envisaged under section 5 A of the Act. However, such powers can be exercised only in case of urgency. After passing of the award, the person whose land has been proposed to be acquired can give his consent for such acquisition and agree to receive the compensation.
Objections can also be raised against the measurement of the land, enhancement of compensation or apportionment of the compensation by filing a written application before the Deputy Commissioner, as provided under section 18 of the Act, requesting the authority to refer the matter to the court for determination of the grounds raised in the application. An application to that effect has to be filed by the person who was personally present when the award was passed, within six weeks from the date of the award passed by the Collector. In other cases, the application will have to be made within six weeks from the date of receipt of the notice issued under section 12(2) or within six months from the date of the award passed by Deputy Commissioner, whichever is earlier.
[edit] Compensation
Provision for settlement of dispute pertaining to apportionment of the compensation amount is available under section 30 of the Act. In such a situation, the Deputy Commissioner should refer the matter to the court. The claimant will be entitled to the compensation which is determined on the basis of the market value of the land determined as on the date of preliminary notification. According to section 34, if there is delay in payment of compensation beyond one year from the date on which possession is taken, interest at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one year on the outstanding amount of compensation till the date of payment.
The government, under section 16 of the Act is at liberty to withdraw from acquisition of land except in cases provided under section 36. However, if the possession of land has been taken, then the government will have no authority to withdraw from such acquisition.
[edit] Procedure for the Land Acquisition
[edit] 1. Investigation
- When a local authority or a company requires a land, an application is required to be made by it to the revenue authority.
- The application should be accompanied with a copy of the plan showing survey nos., purpose of acquisition and the reason for the particular site to be chosen and the provision made for the cost of the acquisition.
- After the government has been fully satisfied about the purpose, the least area needed, and other relevant facts as provided under land acquisition rules, it will issue a notification under Section 4 of the act that the particular land is required for public purpose.
- One of the revenue officers is appointed as the collector to hold an inquiry under Section 5-A of the Act.
- After notification the owner is prohibited from selling his property or disposing of it and prevented from carrying out any works of improvements for which no compensation will be paid if executed without prior permission from the collector.
[edit] 2. Objection and Confirmation
- Objections are invited from all persons interested in land within thirty days from the date of notification.
- The objections will be valid on one or more of the following grounds:
- i. That the purpose for which the land is proposed for acquisition is not a public purpose.
- ii. That the land is not or less suitable than another piece of land for the said purpose.
- iii. That the area under acquisition is excessive.
- iv. That the acquisition will destroy or impair historical or artistic monuments or will desecrate religious buildings, graveyards and the like.
[edit] 3. Claim and Award
- The collector will issue notices under Section 9 to all persons interested in the acquisition to file their claim reports.
- The collector is not to be a party to the proceedings, is to possess an expert knowledge on valuation, and offers a fair price to an owner and checks that the public funds are not wasted.
- The claim filed should contain the names of the claimants and co-shares if any rents or profits for last three years and a valuation report of the land from an architect or an engineer.
- The government can abandon the acquisition proceedings by simply canceling the notification. However, in that case compensation has to be paid under Section 48(2).
- In determining the compensation the market value of the land is determined at the date of notification. The rise and fall in the value during the period of transaction and notification is taken into consideration.
- Compensation is also payable when:
- i. Part of the property is proposed for acquisition in such a manner that the remainder depreciates in value.
- ii. When the land notified for acquisition has standing crops or trees.
- iii. If the person interested has to change his place of residence or business then the excess rent payable for the new premises is also considered for compensation.
- i. The degree of urgency which has led to the acquisition.
- ii. Any disinclination of the person interested to part with the land.
- iii. Any increase in the land value likely to accrue from the use to which it will be put when acquired.
[edit] 4. Reference to Court
- Any person interested to whom the award is not satisfactory can submit a written application to the court.
- This application should be made within six weeks from the date of declaration of the award.
[edit] 5. Apportionment
- In apparent of the compensation each of the claimants are entitled to the value of his interest, which he has lost, by compulsory acquisition.
- Thus it is required to value a variety of interest, rights and claims in the land in terms of money.
[edit] Authorities and agencies involved
- Union Government
- State Government
- Public authorities/agencies like DDA, NOIDA, CIDCO
- Companies like Reliance, Tata (for SEZs)
The procedure involved for acquisition of land for companies are dealt with under chapter VII of the act, which requires an agreement to be entered into by the company with the appropriate government and the same has to be published in the official gazette. The government cannot initiate acquisition proceedings without issuing proper notice to the owners in any of the prescribed mode of service provided under the act and provide them sufficient opportunity. If any of the provisions envisaged in the act is violated or mandatory procedures are not followed, then the entire acquisition proceedings would become void.
[edit] Criticism
The Land Acquisition act has been criticized by groups that view the act as weak and ineffective, and by groups that view the act as draconian. People who feel that act is weak argue that the procedure followed is cumbersome and costly, often resulting in inordinate delay in land acquisition. This group argues that, the determination of public purpose should be matter of executive discretion and should not be contestable at law. It has also been argued that the property valuation techniques are flawed and that the land owners get to peg the value higher than the real value, based on 'potential value' and 'opportunity value' of their property; resulting in, what is claimed as, a heavy strain on public finances and restrictions on the scale of development and redevelopment projects. There is also opposition to the additional payment of solatium to the land owners, over and above the property value.
People who argue that the act is draconian claim that a number of projects which have no public purpose attached, as in the case of SEZs, usurped land from property owners, with the help of the land acquisition act, at what is claimed as, well below the market value of these properties. It is argued that, even in the case of projects that are genuinely for public purposes, there is a considerable difference between the market value of the property and the value that the land acquisition officer pays the land owners. It is also argued that the relocation and rehabilitation of land owners displaced by the actions of the act, is not followed up adequately, and that this is not covered comprehensively in the framework of the act. A notable instance of opposition to land acquisition, through the land acquisition act, includes the Nandigram violence incident.
[edit] See also
[edit] External links
New Delhi (PTI): The Opposition on Thursday came down heavily on the government in Lok Sabha over "inadequate" allocation of funds and accused it of not taking enough steps for welfare of women and children in the country.
It alleged that the UPA has failed to make popular projects like Intensive Child Development Scheme (ICDS) a success due to the "casual approach" of the government.
Initiating the discussion on Demands for Grants for the Ministry of Women and Child Development, Sumitra Mahajan (BJP) said Anganwadi workers were key to the success of ICDS but no attention was paid to them.
The Anganwadi workers were neither given proper training nor good remuneration, she said adding there was no incentive to motivate them. "We have to take care of them, we have to provide them good training," she said.
The BJP leader claimed that about 20 lakh children below the age of five die across the country every year due to different diseases and malnutrition.
She also expressed concern over allocation of a meagre 4.13 per cent of the budget to the Ministry, saying it shows the attitude of the government towards women and children.
Mahajan suggested effective measures for the relief and rehabilitation of rape victims and facilities for their counselling, health care and shelter.
| Strike today, sabotage brews Govt offers support to plea to poison longer | ||
| OUR BUREAU | ||
Calcutta, July 23: Private commercial vehicles, including bus, minibus and taxi, will not run in Calcutta on Friday. Taxis could return on the road on Saturday but buses and minibuses could stay off longer, unless a government-blessed plan to get a fresh court breather for polluting vehicles succeeds. Bus and minibus operators have vowed an "indefinite" strike — meaning they want to keep the pressure on till vehicles 15 years and above are allowed to run beyond a court-set deadline of July 31. The state government, dragging its feet so far as in every contentious issue, today went through the motions of eleventh-hour discussions that yielded the lone relief of taxi operators' decision to keep their strike down to a single day.
Transport minister Subhas Chakraborty not only advocated but also declared support if the transporters moved court to get the deadline extended. The government can no longer seek such an extension — it had used up the opportunity earlier and had given a submission that it would not return with another plea. "I advised the (transport) operators to move court seeking a deadline extension. I promised to back them in court," Chakraborty said, adding the government would not use strong-arm tactics to break the strike. But if inconvenience leads to a public backlash, the government feels it has another ace up its sleeve: Citu's once-feared muscle power. The minister suggested that some of the private bus drivers and helpers — members of CPM labour arm Citu -— would ensure smooth running of the transport system. "If they continue with the strike, we will increase the number of buses even further," he added after failing to avert the crisis. Subhas Mukherjee, leader of Citu-run West Bengal Road Transport Workers' Federation, said transport workers affiliated to Citu unions would run privately owned buses and taxis if the strike continued for more than a day. The bus operators took the cue from Chakraborty. "We'll move court (for a deadline extension) and see if the government backs our demand. If we see positive action from the government, we will think of withdrawing the strike," said Swarnakamal Saha, spokesperson for the umbrella body of transport operators. The high court may be approached tomorrow. Chakraborty, however, claimed he was ready for the strike. "We will press into service around 3,500 buses, including some private buses. Many private bus operators have told me they don't want to take part in the strike," he told The Telegraph. Chakraborty "lost his cool" several times at the meeting with the operators and, towards the end, some began shouting "Subhas Chakraborty murdabad". The CPM has opposed the strike but the Trinamul Congress has lent moral support. Trinamul leader Partha Chatterjee said: "We don't want polluting vehicles and we are opposed to strikes. The situation has come to such a pass because of mishandling by the government." Saha, the leader of the largest bus union, was once close to Chakraborty but is now with Trinamul. Sadhan Das, leader of the other major bus union, the Joint Council of Bus Syndicates, is known to be close to Saha. |
1
THE LAND ACQUISITION (AMENDMENT) BILL, 2007
A
BILL
further to amend the Land Acquisition Act,
1894.
B
E it enacted by Parliament in the Fifty-eighth Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Land Acquisition (Amendment) Act, 2007.
(
2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint; and different dates may be appointed for different provisions
of this Act and any reference in any provision to the commencement of this Act shall be
construed as reference to the coming into force of that provision.
2
. In the long title to the Land Acquisition Act, 1894 (hereinafter referred to as the
principal Act), the words "and for Companies" shall be omitted.
Short title
and commencement.
Amendment of
long title.
1 of 1894
B
ILL NO. 97 OF 2007
T
O BE INTRODUCED IN LOK SABHA
2
3
. In the principal Act, in the preamble, the words "and for Companies" shall be
omitted.
4.
After section 1 of the principal Act, the following section shall be inserted, namely:—
"1A. The provisions of the Rehabilitation and Resettlement Act, 2007 shall apply
in respect of acquisition of land by the appropriate Government under this Act.".
5.
In section 3 of the principal Act,—
(
i) for clause (b), the following clause shall be substituted, namely :—
'(
b) the expression "person interested" includes,—
(
i) all persons claiming an interest in compensation to be made on
account of the acquisition of land under this Act;
(
ii) tribals and other traditional forest dwellers, who have lost any
traditional rights recognised under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006;
(
iii) a person interested in an easement affecting the land; and
(
iv) persons having tenancy rights under the relevant State laws;';
(
ii) after clause (cc), the following clause shall be inserted, namely :—
'(
ccc) the expression "cost of acquisition" includes—
(
i) compensation awarded including the solatium and other amount
and interest payable thereupon;
(
ii) demurrage to be paid for damages caused to the land and standing
crops in the process of acquisition;
(
iii) cost of acquisition of out-project land for settlement of displaced
or adversely affected families;
(
iv) cost of development of infrastructure and amenities at
resettlement sites;
(
v) additional cost of resettlement as may be required after admissible
adjustment of rehabilitation and resettlement cost against compensation
awarded to affected persons or families;
(
vi) administrative cost of acquisition of land including both inproject
and out-project areas lands; and
(
vii) administrative cost involved in planning and implementation
of resettlement and rehabilitation packages for providing physical
rehabilitation and resettlement to the entitled and interested families,
displaced or adversely affected on account of in-project acquisition of
land;';
(
iii) clauses (d) and (e) shall be omitted;
(
iv) for clause (ee), the following clause shall be substituted, namely:—
'(
ee) the expression "appropriate Government" means,—
(
i) in relation to acquisition of land for the purposes of the
Union, the Central Government;
Insertion of
new section
1A.
Amendment
of preamble.
Application
of Rehabilitation
and
Resettlement
Act, 2007 to
persons
affected due
to land
acquisition.
Amendment
of section 3.
2 of 2007
3
(
ii) In relation to acquisition of land for the purposes of any
infrastructure project in more than one State, the Central Government;
and
(
iii) in relation to acquisition of land for any other purpose,
the State Government;';
(
v) for clause (f), the following clause shall be substituted, namely:—
'(
f) the expression "public purpose" includes,—
(
i) the provision of land for strategic purposes relating to naval,
military and air force works or any other work vital to the State;
(
ii) the provision of land for infrastructure projects of the appropriate
Government, where the benefits accrue to the general public; and
(
iii) the provision of land for any other purpose useful to the general
public, for which land has been purchased by a person under lawful contract
to the extent of seventy per cent but the remaining thirty per cent of the
total area of land required for the project as yet to be required.'.
Explanation.
—The word "person" shall include any company or
association or body of individuals, whether incorporated or not.';
(
vi) after clause (f), the following clause shall be inserted, namely:—
'(
ff) the expression "infrastructure project" shall include,—
(
i) any project relating to generation, transmission or supply of
electricity;
(
ii) construction of roads, highways, bridges, airports, ports, rail
systems or mining activities;
(
iii) water supply project, irrigation project, sanitation and sewerage
system; or
(
iv) any other public facility as may be notified in this regard by the
Central Government in the Official Gazette.'.
(
vii) in clause (g) for the expression "court", wherever it occurs, the expression
"the Authority for the Centre or, as the case may be, the Authority" shall be substituted;
(
viii) after clause (g), the following clauses shall be inserted, namely:—
'(
h) the expression "Authority" means the Land Acquisition Compensation
Disputes Settlement Authority established by the State Government under subsection
(
1) of section 17A;
(
i) the expression "Authority for the Centre" means the Land Acquisition
Compensation Disputes Settlement Authority for the Centre established by the
Central Government under sub-section (
1) of section 17L;
(
j) the expression "Member" means a Member of the Authority for the
Centre, or as the case may be, the Authority, and includes the Chairperson.'.
6.
Throughout the principal Act, the words "or for a company" along with their
grammatical variations, shall be omitted.
Omission of
the expression
"or for a
company"
throughout
the Act.
4
7.
Throughout the principal Act except in Explanation to sub-section (1A) section 23,
, for the words "the Court", along with their grammatical varieties the words "the Authority
for the Centre, or as the case may be, the Authority" shall be substituted.
8.
After section 3 of the principal Act, the following section shall be inserted, namely:—
'3A. Whenever the appropriate Government intends to acquire land for public
purpose involving physical displacement of—
(
i) four hundred or more families en masse in plain area; or
(
ii) two hundred or more families en masse in tribal or hilly areas or Desert
sixth Development Programme blocks or areas specified in V Schedule or Schedule
VI to the Constitution,
a social impact assessment study shall be carried out in the affected area for the
purpose of social impact appraisal, incorporation of Tribal Development Plan, plan for
giving emphasis for the Scheduled Castes, the Scheduled Tribes and other vulnerable
sections of the society, provision for infrastructural amenities and facilities in the
proposed resettlement area in terms of the provisions contained in Chapters II, IV, V
and VI of the Rehabilitation and Resettlement Act, 2007, in such manner and within
such time as may be prescribed by rules made by the Central Government.'.—
9.
In section 4 of the principal Act,—
(
a) in sub-section (1), the following provisos shall be inserted, namely:—
"Provided that where no declaration is made consequent upon the issue
of a notification under sub-section (
1) within the time-limit specified in subsection
(
1) of section 6, no fresh notification under this sub-section shall,
subsequent to the expiry of the period aforesaid, be made for a period of one
year in respect of the same land:
Provided further that in case a notification issued under sub-section (
1) in
respect of a particular land lapsed for the second time, no proceeding under subsection
(
1) shall be initiated at least for a period of five years from the date of
such notification.";
(
b) After sub-section (1), the following sub-sections shall be inserted, namely:—
"(
1A) No person shall make any transaction or cause any transaction of
land specified in the notice of acquisition to create any encumbrances on such
land from the date of publication of such notice under this section till the final
declaration under section 6, or the award made and paid under section 16 of the
Act, whichever is earlier:
Provided that the Collector may, on the application made by the land
owner in respect of the land so notified, exempt in special circumstances to be
recorded in writing, such owner from the operation of this sub-section:
Provided further that any loss or injury suffered by any person due to his
wilful violation of this provision shall not be made up by the Collector.
(
1B) After issuance of notice under sub-section (1), the Collector shall,
before issue of declaration under section 6, undertake and complete the exercise
of updating of land records, classification of land and its tenure, survey and
Substitution of
words
''Authority
for the Centre
or the
Authority" in
place of words
"the Court"
throughout
the Act.
Insertion of
new section
3A.
Mandatory
social impact
assessment
prior to
acquisition of
land under this
Act.
Amendment
of section 4.
5
standardisation of land and property values in respect of the land under
acquisition.".
10.
In section 6 of the principal Act, in sub-section (1),—
(
i) the words "subject to the provisions of Part VII of this Act" shall be omitted;
(
ii) the Explanation 1 shall be omitted.
11.
After section 8 of the principal Act, the following section shall be inserted, namely:—
"8A. The damages caused while carrying out works on land such as survey,
digging or boring sub-soil, marking boundaries or cutting trenches or clearing away
any standing crop, fence or forest or doing such other acts or things which may cause
damages while acting under section 4 particularly relating to land which is excluded
from acquisition proceeding, shall be evaluated and compensation shall be paid to the
persons having interest in that land, within six months from the completion of the said
works.".
12.
For section 11A of the principal Act, the following section shall be substituted,
namely:—
"11A. The Collector shall make an award under section 11 within a period of one
year from the date of the publication of the declaration and if no award is made within
that period, the entire proceedings for the acquisition of the land shall lapse:
Provided that in a case where the said declaration has been published before the
commencement of the Land Acquisition (Amendment) Act, 2007, the award shall be
made within a period of one year from such commencement:
Provided further that the Collector may, after the expiry of the period of limitation,
if he is satisfied that the delay has been caused due to unavoidable circumstances,
and for the reasons to be recorded in writing, he may make the award within an extended
period of six months:
Provided also that where an award is made within the extended period, the
entitled person shall, in the interest of justice, be paid an additional compensation for
the delay in making of the award, every month for the period so extended, at the rate of
not less than five per cent. of the value of the award, for each month of such delay.".
13.
After section 11A of the principal Act, the following sections shall be inserted,
namely:—
"11B.(
1) The Collector shall adopt the following criteria in assessing and
determining the market value of the land,—
(
i) the minimum land value, if any, specified in the Indian Stamp Act, 1899
for the registration of sale deeds in the area, where the land is situated; or
(
ii) the average of the sale price for similar type of land situated in the
village or vicinity, ascertained from not less than fifty per cent. of the sale deeds
registered during the preceding three years, where higher price has been paid;
or
(
iii) the average of the sale price, ascertained from the prices paid or
agreed to be paid for not less than fifty per cent. of the land already purchased
for the project where higher price has been paid, for the purpose of item (
iii) of
clause (
f) of section 3,
whichever is higher.
Amendment
of section 6.
Insertion of
new section
8A.
Evaluation of
damages
during survey,
measurement,
etc.
Substitution of
section 11A.
Period within
which an
award shall be
made.
Insertion of
new sections
after section
11A.
Determination
of
market value
of land. 2 of 1899.
6
(
2) Where the provisions of sub-section (1) are not applicable for the reason
that:
(
i) the land is situated in such area where the transactions in land are
restricted by or under any other law for the time being in force in that area; or
(
ii) the registered sale deeds for similar land as mentioned in clause (i) of
sub-section (
1) are not available for the preceding three years; or
(
iii) the minimum land value has not been specified under the Indian
Stamp Act,1899 by the appropriate authority,
the concerned State Government shall specify the floor price per unit area of the said land
based on the average higher prices paid for similar type of land situated in the adjoining
areas or vicinity, ascertained from not less than fifty per cent. of the sale deeds registered
during the preceding three years where higher price has been paid, and the Collector may
calculate the value of the land accordingly.
(
3) The Collector shall, before assessing and determining the market value of the
land being acquired under this Act,—
(
a) ascertain the intended land use category of such land; and
(
b) take into account the value of the land of the intended category in the
adjoining areas or vicinity,
for the purpose of determination of the market value of the land being acquired.
(
4) In determining the market value of the building and other immovable property
or assets attached to the land or building which are to be acquired, the Collector may
use the services of a competent engineer or any other specialist in the relevant field, as
may be considered necessary by the Collector.
(
5) The Collector may, for the purpose of determining the value of trees and
plants, use the services of experienced persons in the field of agriculture, forestry,
horticulture, sericulture, or any other field, as may be considered necessary by him.
(
6) For the purpose of assessing the value of the standing crops damaged
during the process of land acquisition proceedings, the Collector may utilise the services
of experienced persons in the field of agriculture as he considers necessary.
11C. (
1) When land is acquired for the purpose of item (iii) of clause (f) of
section 3 and the person for whom the land is acquired is a company authorised to
issue shares and debentures, such company shall, with the previous approval of the
appropriate Government, offer its shares or debentures to the extent of fifty per cent.
but in any case not less than twenty per cent. of the compensation amount to be paid
to the person whose land has been acquired.
(
2) On the acceptance of the offer, a part of the compensation amount shall be
adjusted by transfer of shares and debentures to the person to whom such
compensation is due and on such transfer the liability of the company in respect of
such part of the compensation shall stand discharged.
(
3) The allotment of shares and debentures mentioned in this section shall be
made by the company in such manner as may be prescribed.
Explanation.—
In this section, the expression "shares and debentures" has the same
meaning as assigned to it under the Companies Act, 1956.".
14.
In section 12 of the principal Act, after sub-section (2), the following sub-sections
shall be inserted, namely:—
"(
3) The Collector shall keep open to the public and display a summary of the
entire proceedings undertaken in a case of acquisition of land including the amount of
2 of 1899.
Part payment
of compensation
by shares,
debentures,
etc.
1 of 1956.
Amendment
of section 12.
7
compensation awarded to each individual along with details of the land finally acquired
under this Act.
(
4) For the purposes of sub-section (3), the summary of the entire proceedings
shall include the summary of schedule for payment of compensation, dates of taking
possession of the land and such other information as may be prescribed.
(
5) It shall be the duty of the Collector to ensure that physical possession of the
land is taken over and the amount of compensation is paid within a period of sixty days
commencing from the date of the award.
(
6) The possession of the land acquired shall not be taken unless the
compensation due under this Act is paid in full or is tendered to the entitled person.".
15.
In section 15 of the principal Act, for the words and figures "sections 23 and 24",
the words, figures and letter, "sections 11B, 23 and 24" shall be substituted.
16.
In section 17 of the principal Act, after sub-section (4), the following sub-section
shall be inserted, namely :—
"(
5) Without prejudice to the provisions of sub-section (3) and sub-section
(
3A), an additional compensation of seventy-five per cent. of the market value as
determined under section 11B, shall be paid by the Collector in respect of land and
property for acquisition of which proceedings have been initiated under sub-section
(
1) of this section.".
17. After Part II of the principal Act, the following Parts shall be inserted, namely:—
'PART IIA
ESTABLISHMENT OF THE STATE AUTHORITY
17A.
(1) The State Government shall, for the purpose of providing speedy disposal
of disputes relating to land acquisition compensation, establish, by notification in the
Official Gazette, an Authority for the State to be known as the (name of the State)
Land Acquisition Compensation Disputes Settlement Authority to exercise the
jurisdiction, powers and authority conferred on it by or under this Act with regard to
acquisition of land by the State Government:
Provided that a State Government may constitute more than one Authority or
the benches thereof, for the purposes of this Act, if considers necessary.
(
2) The head office of the Authority shall be at such place as the State Government
may, by notification, specify.
(
3) The Authority shall consist of not more than three but not less than two
Members, including the Chairperson to be appointed by the State Government.
(
4) The Members of the Authority shall be persons of ability, integrity and
standing who have adequate knowledge of, and have shown capacity in, dealing with
the problems relating to land acquisition matters, public administration, finance,
economics and law.
(
5) A person shall not be qualified to be a Member of the Authority unless he is
or has been—
(
i) a judge of a district court;
(
ii) an officer of the State Government not below the rank of District
Collector;
(
iii) an officer of the State Government in the Law Department not below
the rank of Director.
Amendment
of section 15.
Amendment
of section 17.
Insertion of
new Parts IIA
and IIB.
Establishment
of Land
Acquisition
Compensation
Disputes
Settlement
Authority.
8
(
6) The Members of the Authority shall not hold any other office.
(
7) The Authority shall ensure transparency while exercising its powers and
discharging its functions.
17B. (
1) A Member shall hold office for a term of five years from the date he
enters upon his office:
Provided that the Member shall not be eligible for re-appointment in the same
capacity in that Authority in which he had earlier held the office:
Provided further that no Member shall hold office as such after he has attained
the age of sixty-seven years.
(
2) A Member of the Authority may, by notice in writing under his hand addressed
to the State Government, resign his office:
Provided that the Member shall, unless he is permitted by the State Government
to relinquish his office sooner, continue to hold office until the expiry of three months
from the date of receipt of such notice or until a person duly appointed as his successor
enters upon his office or until the expiry of his term of office, whichever is the earliest.
(
3) The salary, allowances and other terms and conditions of service of the
Members shall be such as may be prescribed by the State Government:
Provided that the salary, allowances and other terms and conditions of service
of the Members, shall not be varied to their disadvantage after appointment.
17C. (
1) No Member shall be removed from office except in accordance with the
provisions of this section.
(
2) The State Government may by order remove from office any Member, if he—
(
a) has been adjudged an insolvent;
(
b) has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude;
(
c) has become physically or mentally incapable of acting as a Member;
(
d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member;
(
e) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(
f) has been guilty of proved misbehaviour.
(
3) No person shall be removed under this section until that person has been
given an opportunity of being heard in the matter.
17D. (
1) The State Government may specify the numbers, nature and categories
of the officers and employees of the Authority.
(
2) The salaries and allowances payable to, and other terms and conditions of
service of, the officers and employees of the Authority shall be such as may be
prescribed by the State Government.
17E. The Authority shall have its sittings at the head office or any other place
and at such time as the Chairperson may direct, and shall observe such rules of
procedure in regard to the transaction of business in its sittings as it may specify.
17F. A casual vacancy in the office of a Member of the Authority shall be filled
by the State Government, by notification in the Official Gazette, as soon as may be,
after the occurrence of the vacancy.
Term of office
and conditions
of service of
Members.
Removal of
Member.
Officers and
employees of
Authority.
Proceedings of
Authority.
Filling of a
casual vacancy.
9
17G. (
1) The Authority shall, for the purposes of the settlement of disputes
relating to land acquisition compensation under this Act, have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following
matters, namely:—
(
a) summoning and enforcing the attendance of any person and examining
him on oath;
(
b) discovery and production of any document or other material object
producible as evidence;
(
c) receiving evidence on affidavits;
(
d) requisitioning of any public record;
(
e) issuing commission for the examination of witnesses;
(
f) reviewing its decisions, directions and orders;
(
g) any other matter which may be prescribed;
(
2) The Authority shall have the powers to pass such interim order in any
proceeding, hearing or matter before it as it may consider appropriate.
17H. All proceedings before the Authority shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and
the Authority shall be deemed to be a civil court for the purposes of sections 345 and
346 of the Code of Criminal Procedure, 1973.
17-I. The applications relating to settlement of land acquisition compensation
under this Act, shall be decided by the Authority as expeditiously as possible and
endeavour shall be made by it to dispose of the disputes finally within a period of six
months from the date of receipt of the reference under section 18.
17J. The Members and officers of the Authority shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code.
17K. No civil court shall have jurisdiction to entertain any dispute relating to
land acquisition in respect of which the Collector or the Authority is empowered by
or under this Act, and no injunction shall be granted by any court in respect of any
such matter.
PART IIB
ESTABLISHMENT OF THE AUTHORITY FOR THE CENTRE
17L. (
1) The Central Government may, for the purpose of providing speedy
disposal of disputes relating to land acquisition compensation, by notification, establish
one or more Authority to be known as the Land Acquisition Compensation Disputes
Settlement Authority for the Centre to exercise jurisdiction, powers and authority
conferred on it by or under this Act with regard to the acquisition of land by the
Central Government.
(
2) The Central Government shall specify in the notification referred to in subsection
(
1) the matters and places in relation to which the Authority for the Centre may
exercise jurisdiction.
(
3) The Authority for the Centre shall consist of a Chairperson and not less than
two Members to be appointed by the Central Government.
Powers of
Authority.
5 of 1908.
Proceedings
before
Authority.
Speedy
disposal of
disputes by
Authority.
45 of 1860.
2 of 1974.
Members and
officers of
Authority to
be public
servants.
Jurisdiction of
civil courts
barred.
45 of 1860.
Establishment
of Land
Acquisition
Compensation
Disputes
Settlement
Authority for
the Centre.
10
(
4) A person shall not be qualified to be a Member of the Authority for the Centre
unless he,—
(
i) is or has been a Judge of a High Court; or
(
ii) has for at least fifteen years held any Legislative or Legal post of the
Union and a post in the Grade II of the Indian Legal Service for at least three
years; or
(
iii) a person who is or has been a member of the Indian Administrative
Service having sufficient knowledge of land acquisition and has held the post of
Collector of a district and a post equivalent to a Joint Secretary in the Government
of India:
Provided that no appointment of a sitting Judge under clause (
i) shall be made
except after consultation with the Chief Justice of the High Court concerned.
(
5) The Authority for the Centre will have a Secretariat consisting a Secretary-
General and such other staff as may be decided by the Central Government.
17M. The provisions of sections 17B, 17C, 17D, 17E, 17F, 17G, 17H,17-I, 17J and
17K shall apply to the Authority for the Centre and shall have effect, subject to the
following modifications, namely:—
(
a) references to "Authority" shall be construed as references to
"Authority for the Centre";
(
b) references to "State Government" shall be construed as references to
"Central Government";
(
c) for the reference "any Member" in sub-section (2) of section 17C, the
reference "any Member except a sitting Judge of a High Court" shall be
substituted.'.
18.
In section 18 of the principal Act,-
(
i) in sub-section (1), the following provisos shall be inserted, at the end, namely:—
"Provided that the Collector shall, within a period of fifteen days from the
date of receipt of application, make a reference to the Authority for the Centre, or
as the case may be, the Authority:
Provided further that where the Collector fails to make such reference
within the period so specified, the applicant may apply to the Authority for the
Centre, or as the case may be, the Authority, requesting it to direct the Collector
to make the reference to it within a period of thirty days.";
(
ii) in sub-section (2), after the proviso, the following proviso shall be inserted,
namely :—
"Provided further that the Collector may entertain an application after the
expiry of the said period, within a further period of one year, if he is satisfied that
there was sufficient cause for not filing it within the period specified in the first
proviso.".
19.
In section 23 of the principal Act,—
(
i) in sub-section (1), in item "first", after the words ''market value of the land",
the words, figures and letter "in terms of section 11B" shall be inserted;
(
ii) in sub-section (2), for the words "a sum of thirty per centum on such marketvalue",
the words "a sum of sixty per centum on such market-value" shall be substituted.
Application of
certain
provisions
relating to
Authority for
compensation
disputes
settlement to
Authority for
the Centre.
Amendment
of section 18.
Amendment
of section 23.
11
20.
After section 28A of the principal Act, the following section shall be inserted,
namely:—
"28B. Where an award is pending or remains unsettled at any stage under the
Act, prior to the coming into force of the Land Acquisition (Amendment) Act, 2007,
then the amount of compensation payable to the entitled person may be determined
on the basis of section 11B as inserted by the said Act.".
21.
Part VII of the principal Act relating to "Acquisition of Land for Companies" and
sections 38 to 44B (both inclusive) shall be omitted.
22.
After section 54 of the principal Act, the following sections shall be inserted,
namely:—
"54A. (
1) The land acquired under this Act shall not be transferred to any other
purpose except for a public purpose, and after obtaining the prior approval of the
appropriate Government.
(
2) When any land or part thereof, acquired under this Act remains unutilised for
a period of five years from the date of taking over the possession, the same shall return
to the appropriate Government by reversion.
54B. Whenever any land acquired under this Act is transferred to any person for
a consideration, eighty per cent. of the difference in the acquisition cost and the
consideration received, which in no case shall be less than the acquisition cost, shall
be shared amongst the persons from whom the lands were acquired or their heirs, in
proportion to the value at which the lands were acquired, and for the purpose, a
separate fund may be maintained which shall be administered by the Collector in such
manner as may be prescribed.".
23.
In section 55 of the principal Act, in sub-section (1),—
(
i) the first proviso shall be omitted;
(
ii) in the second proviso, for the words "Provided further that", the words
"Provided that" shall be substituted;
(
iii) in the third proviso, for the words "Provided also", the words "Provided
further" shall be substituted.
Insertion of
new section
after section
28A.
Determination
of amount of
compensation
in pending or
unsettled
cases.
Omission of
Part VII.
Insertion of
new sections
54A and 54B.
Utilisation of
land for the
purpose it is
acquired.
Sharing with
landowners
the difference
in price of a
land when
transferred for
a higher
consideration.
Amendment
of section 55.
12
STATEMENT OF OBJECTS AND REASONS
The Land Acquisition Act, 1894 (the Act) has been an affective instrument for the
acquisition of land for public purposes and also for companies, yet its provisions have been
found to be inadequate in addressing certain issues related to the exercise of the statutory
powers of the state for involuntary acquisition of private land and property.
2. Often, such acquisition of land leads to displacement of people, depriving them of
their livelihood and shelter, restricting access to their traditional resource base, and uprooting
them from their socio-cultural environment. These have traumatic, psychological and sociocultural
consequences for the affected population, which call for protecting their rights,
including those of the weaker sections of society, particularly tribals, tenants, etc.
Rehabilitation and resettlement of the persons and families affected by involuntary acquisition
of private land and immovable property is of paramount importance. Thus, it is necessary to
extend the provisions of the extant policies or statutes for rehabilitation and resettlement of
those affected by the acquisition of land under the Act.
3. Also, the ambit of the expression "person interested" under the Act is proposed to
be expanded so as to include tribals and other traditional forest dwellers, who have lost any
traditional rights recognised under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognitions of Forest Rights) Act, 2006 (2 of 2007). Moreover, it is necessary to
ensure that persons having tenancy rights under the relevant State laws are included under
the scope of "person interested".
4. Although the Land Acquisition Act provides for acquisition of land for public
purpose, the expression "public purpose" has not been defined. Hence, the necessity of
defining "public purpose", so as to restrict the scope of land acquisition under the Act to
provision of land for strategic purposes vital to the state, and for infrastructure projects
where the benefits accrue to the general public is essential.
5. The provision of the Act are also used to acquire private lands for companies. This
frequently raises a question mark on the desirability of such state intervention when land
could be arranged by the company through private negotiations on a "willing seller-willing
buyer" basis, which could be seen to be a more fear arrangement from the point of view of the
land owner. In view of this it is desirable to omit the provisions for the acquisition of land for
companies under the Act. However, under certain circumstances, it may be necessary to
acquire some land through statutory mechanism to the extent of a limited portion of the total
area of the land required when the "person" has already purchased the rest of the land
through private negotiations and the purpose is useful to the general public. Such "person"
may include any company or association or body of individuals, whether incorporated or
not.
6. Further, it has been the experience that a large number of disputes relating to land
acquisition compensation are brought before the courts of law. Quite often these cases
remain pending for long periods of time in the courts. Such cases also add to the workload of
the courts, which are generally over-burdened with cases other than land acquisition matters.
Thus, it would be desirable that the jurisdiction of civil courts is barred for the purposes of
the land acquisition compensation disputes and other alternate mechanisms created for
disposal of such disputes in a time-bound manner.
7. Also, it is desirable to make the various steps of the land acquisition process timebound,
so that the entire process can be completed within a reasonable period of time. This
will be in the interest of the land owners and farmers whose lands are acquired as well as the
projects and requiring bodies.
8. Another area of concern in the application of the Act, so far, has been the requirement
of providing a fair compensation at market value commensurate with the purpose for which
the acquired land would be used. Certain provisions need to be introduced accordingly in
the Act. In addition, in view of the involuntary nature of the acquisition, adequate solatium
13
amount should be offered to the land owners, and the amount may be higher in cases of
acquisition under urgency.
9. Often it is seen that the possession of land acquired is not taken over in time, and
also there are delays in the payment of the compensation amount. Therefore, it is necessary
to make a provision to ensure that physical possession of the land is taken over and the
amount of compensation is paid within a defined period from the date of the compensation
award under the Act.
10. Issues around the utilisation of the land acquired and their transfer are also areas
of concern. Here, provision are proposed to be made so that the land acquired is not transferred
to any other purpose except for a public purpose, and that too, not without prior approval of
the appropriate Government. When any land or part thereof, acquired under the Act remains
unutilized for a defined period from the date of taking over possession, the same will return
to the appropriate Government. Further, whenever any land acquired under the Act is
transferred to any person for a consideration, a part of the net unearned income so accruing
to the transferor, will be shared amongst the persons from whom the lands were acquired or
their heirs, in proportion to the value at which the lands were acquired.
11. Bringing in suitable amendments to the Land Acquisition Act, 1894 on these lines
will go a long way in striking a balance between the need for land for development and other
public purposes and protecting the interests of the persons whose lands are statutorily
acquired.
12. The Bill seeks to achieve the above objectives.
New Delhi; RAGHUVANSH PRASAD SINGH,
The
30th November, 2007.
14
FINANCIAL MEMORANDUM
Clause 17 of the Bill proposes to insert a new section 17L in the Act under which it is
proposed that the Central Government may, by notification, establish one or more Authority
to be known as the Land Acquisition Compensation Disputes Settlement Authority for the
Centre to exercise jurisdiction, powers and authority conferred on it by or under this Act with
regard to the acquisition of land by the Central Government, for the purpose of providing
speedy disposal of disputes relating to land acquisition compensation. The Authority for
the Centre shall consist of a Chairperson and not less than two members to be appointed by
the Central Government. It will have a Secretariat consisting of a Secretary-General and other
staff as may be decided by the Central Government. The terms and conditions subject to
which the Chairperson and other members of the Authority, will be appointed and the
procedure of transaction of business of the Authority for the Centre shall be such as may be
prescribed by the Central Government.
This will involve expenditure of a recurring as well as non-recurring nature, which
would be a part of the administrative expenditure of the Ministry.
The exact expenditure which will be involved under the proposed Bill will depend
upon the composition of the above-mentioned Authority, which will be decided after the Bill
is passed. Hence, it is not practicable to make an exact estimate of the recurring and nonrecurring
expenditure for the purpose at this stage.
15
NOTES ON CLAUSES
Clause 2 and 3 seek to omit the words "and for companies" from the long title and the
preamble.
Clause 4 seeks to insert new section 1A to provide for application of the provisions of
the Rehabilitation and Resettlement Act, 2007 for land acquisition under this Act.
Clause 5 seeks to amend section 3 relating to definitions of certain expressions, insert
definitions of new expressions, etc. as a consequence of the amendment to the Act.
Clause 6 seeks to amend the Act to omit the words "or for a Company" (wherever they
occur in the Act) along with grammatical variations.
Clause 7 seeks to amend the Act to substitute the words "the Court" (along with
grammatical variations), with the words "the Authority for the Centre, or as the case may be,
the Authority".
Clause 8 seeks to insert new section 3A relating to mandatory social impact assessment
prior to acquisition of land under the Act in cases of displacement of a certain number of
families.
Clause 9 seeks to amend section 4 providing that no fresh notification to be issued for
a period of one year in respect of the same land and no proceedings to be initiated for five
years if the notification issued under sub-section (1) lapses for the second time. It also seeks
to bar any person from making any transaction of land specified in the notice of acquisition
till final declaration, etc.
Clause 10 seeks to amend sub-section (1) of section 6 so as not to make this subsection
"subject to the provision of Part VII of the Act.". It also seeks to omit Explanation 1
regarding computation of the period referred to in the first proviso.
Clause11 seeks to insert new section 8A for the purpose of evaluation of damages
during survey, measurement, etc.
Clause 12 seeks to substitute new section 11A to provide that the award shall be made
within one year; for delay due to unavoidable circumstances and reasons to be recorded, the
award to be made within an extended period of 6 months, and for such extended period
additional compensation shall be paid.
Clause 13 seeks to insert new sections 11B and 11C. The proposed new section 11B
provides the criteria for assessing and determining the market value, such as the minimum
land value if any specified in the Stamp Act, average sale price of similar type of land or
average sale price paid for already land purchased for the same project; the State Government
may specify floor price per unit area, etc. The proposed new section 11C provides for part
payment of compensation by shares, debentures etc. where a company is authorized to
issue shares.
Clause 14 seeks to amend section 12 casting upon the Collector a duty to keep open
and display summary of the entire proceedings, such summary to include schedule of payment
of compensation, date of taking possession, etc.; to ensure physical possession of the land
and payment of compensation within 60 days from the date of award etc.
Clause 15 seeks to amend section 15 to include therein reference to new section 11B.
Clause 16 seeks to amend section 17 as a consequence of new section 11B, for the
purpose of additional compensation.
Clause 17 seeks to insert Part IIA and Part IIB. The proposed Part IIA relates to
Establishment of the State Authority and contains the proposed new section 17A to section
17K. These deal with establishment of the Land Acquisition Compensation Disputes Settlement
Authority by the State, number of Members of the authority, qualifications of the Members;
16
terms and conditions of service of the Members, removal of a Member, officers and employees
of the Authority, proceedings of the Authority, filling of casual vacancies, powers of the
Authority, speedy disposal of disputes, members and officers to be public servants; and
barring of jurisdiction of civil courts.
The proposed Part IIB relates to establishment of Authority for the Centre, and contains
section 17L and section 17M. These deal with Land Acquisition Compensation, Disputes
Settlement Authority by the Centre, constitution of the Authority, qualifications of the
members etc.; and application of the provisions of sections 17B to 17K (both inclusive to the
Authority for the Centre with necessary modifications to references to "Authority" and
"State Government" to be read as "Authority for the Centre" and "Central Government"
respectively, and reference to "any Member" in section 17C to be read as "any member
except a sitting Judge of a High Court".
Clause 18 seeks to amend section 18 for the purpose of making reference to the
Authority for the Centre by the Collector, etc.
Clause 19 seeks to amend section 23 as a consequence of new section 11B, etc.
Clause 20 seeks to insert new section 28B for determination of amount of compensation
in cases which are pending or unsettled at any stage under the Act prior to the coming into
force of this Act.
Clause 21 seeks to omit Part VII of the Act relating to Land Acquisition Act and
sections 38 to 44B (both inclusive).
Clause 22 seeks to insert new sections 54A and 54B providing for utilization of land for
the purpose for which it is required; and sharing with land owners difference in price of land
where the land is transferred for higher consideration.
Clause 23 seeks to omit the first proviso to sub-section (1) of section 55 of the Act.
17
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill seeks to insert a new section 3A in the Land Acquisition Act, 1894
which relates to mandatory social impact assessment prior to acquisition of land under the
said Act. The new section 3A seeks to empower the Central Government to prescribe, by
rules, the manner and time in which social impact assessment study and other matters
enumerated in the new section shall be carried out. Clause 13 seeks to insert new section 11C
in the Land Acquisition Act, 1894 to provide for allottment of shares and debentures in such
manner as may be prescribed. Clause 14 seeks to amend section 12 of the Act to provide for
payment of compensation and other related matters by framing the rules.
2. Sub-section (3) of section 17B and sub-section (2) of section 17D, which has been
proposed to be inserted by clause 17 of the Bill in the 1894 Act seeks to provide that the State
Government may by rules prescribe the salaries and allowances payable to, and other terms
and conditions of service of Members of the Authority and the officers and employees of the
said Authority. In respect of the Authority for the Centre, similar rules can be framed by the
Central Government under section 17M.
3. Clause 22 of the Bill seeks to insert a new section 54B in the 1894 Act which provides
sharing with landowners the difference in price of a land when transferred for a higher
consideration and provides for making rules for maintaining and administering the fund for
the purposes of new section 54B.
4. As per the provisions contained in sub-section (1) of section 55 to the Land
Acquisition Act, 1894, the rules made under the Act are required to be laid before Parliament
or State Legislature, as the case may be.
The aforesaid matters in respect of which rules may be made relate to matters of
procedure or administrative details and it is not practicable to provide for them in the Bill
itself. The delegation of legislative power is, therefore, of a normal character.
ANNEXURE
E
XTRACTS FROM THE LAND ACQUISITION ACT, 1894
(1
OF 1894)
An Act to amend the law for the acquisition of land for public purposes and for
Companies.
W
HEREAS it is expedient to amend the law for the acquisition of land needed for public
purposes and for Companies and for determining the amount of compensation to be made on
account of such acquisition.
It is hereby enacted as follows:—
PART I
P
RELIMINARY
1.
(1) * * * * *
(
2) * * * * *
(
3) * * * * *
* * * * *
(
b) the expression "person interested" includes all persons claiming an interest
in compensation to be made on account of the acquisition of land under this Act; and
a person shall be deemed to be interested in land if he is interested in an easement
affecting the land;
* * * * *
(
d) the expression "Court" means a principal Civil Court of original jurisdiction,
unless the appropriate Government has appointed (as it is hereby empowered to do) a
special judicial officer within any specified local limits to perform functions of the
Court under this Act;
(
e) the expression "company" means—
(
i) a company as defined in section 3 of the Companies Act, 1956, other
than a Government company referred to in clause (
cc);
(
ii) a society registered under the Societies Registration Act, 1860, or
under any corresponding law for the time being in force in a State, other than a
society referred to in clause (
cc);
(
iii) a co-operative society within the meaning of any law relating to cooperative
societies for the time being in force in any State, other than a cooperative
society referred to in clause (
cc);
(
ee) the expression "appropriate Government" means, in relation to acquisition
of land for the purposes of the Union, the Central Government, and, in relation to
acquisition of land for any other purposes, the State Government;
(
f) the expression "public purpose" includes—
(
i) the provision of village-sites, or the extension, planned development or
improvement of existing village-sites;
18
Definitions.
1 of 1956.
21 of 1860.
19
(
ii) the provision of land for town or rural planning;
(
iii) the provision of land for planned development of land from public
funds in pursuance of any scheme or policy of Government and subsequent
disposal thereof in whole or in part by lease, assignment or outright sale with the
object of securing further development as planned;
(
iv) the provision of land for a corporation owned or controlled by the
State;
(
v) the provision of land for residential purposes to the poor or landless or to
persons residing in areas affected by natural calamities, or to persons displaced or
affected by reason of the implementation of any scheme undertaken by Government,
any local authority or a corporation owned or controlled by the State;
(
vi) the provision of land for carrying out any educational, housing, health
or slum clearance scheme sponsored by Government, or by any authority
established by Government for carrying out any such scheme, or, with the prior
approval of the appropriate Government, by a local authority, or a society
registered under the Societies Registration Act, 1860, or under any corresponding
law for the time being in force in State, or a cooperative society within the
meaning of any law relating to cooperative societies for the time being in force in
any State;
(
vii) the provision of land for any other scheme of development sponsored
by Government or, with the prior approval of the appropriate Government, by a
local authority;
(
viii) the provision of any premises or building for locating a public office,
but does not include acquisition of land for Companies;
(
g) the following persons shall be deemed persons "entitled to act" as and to the
extent hereinafter provided (that is to say)—
trustees for other persons beneficially interested shall be deemed the
persons entitled to act with reference to any such case, and that to the same
extent as the persons beneficially interested could have acted if free from
disability;
a married woman, in cases to which the English law is applicable, shall be
deemed the person so entitled to act, and, whether of full age or not, to the same
extent as if she were unmarried and of full age; and
the guardians of minors and the committees or managers of lunatics or
idiots shall be deemed respectively the persons so entitled to act, to the same
extent as the minors, lunatics or idiots themselves, if free from disability, could
have acted:
Provided that—
(
i) no person shall be deemed "entitled to act" whose interests in the
subject-matter shall be shown to the satisfaction of the Collector or Court to be
adverse to the interest of the person interested for whom he would otherwise be
entitled to act;
(
ii) in every such case the person interested may appear by a next friend,
or, in default of his appearance by a next friend, the Collector or Court, as the
case may be, shall appoint a guardian for the case to act on his behalf in the
conduct thereof;
(
iii) the provisions of Order XXXII of the First Schedule to the Code of
Civil Procedure, 1908 shall,
mutatis mutandis, apply in the case of persons
interested appearing before a Collector or Court by a next friend, or by a guardian
for the case, in proceedings under this Act; and
21 of 1860.
5 of 1908.
20
(
iv) no person "entitled to act" shall be competent to receive the
compensation-money payable to the person for whom he is entitled to act,
unless he would have been competent to alienate the land and receive and give
a good discharge for the purchase-money on a voluntary sale.
PART II
ACQUISITION
Preliminary investigation
4.
(1) Whenever it appears to the appropriate Government that land in any locality is
needed or is likely to be needed for any public purpose or for a Company, a notification to
that effect shall be published in the Official Gazette and in two daily newspapers circulating
in that locality of which at least one shall be in the regional language, and the Collector shall
cause public notice of the substance of such notification to be given at convenient places in
the said locality (the last of the dates of such publication and the giving of such public
notice, being hereinafter referred to as the date of the publication of the notification.
* * * *
Declaration of intended acquisition
6.
(1) Subject to the provisions of Part VII of this Act when the appropriate Government
is satisfied after considering the repot, if any, made under section 5A, sub-section (
2) that
any particular land is needed for a public purpose or for a Company a declaration shall be
made to that effect under the signature of a Secretary to such Government or of some officer
duly authorised to certify is orders and different declarations may be made from time to time
in respect of different parcels of any land covered by the same notification under section 4,
sub-section (
1), irrespective of whether one report or different reports has or have been
made (wherever required) under section 5A, sub-section (
2):
Provided that no declaration in respect of any particular land covered by a notification
under section 4, sub-section (
1),—
(
i) published after the commencement of the Land Acquisition (Amendment and
Validation) Ordinance, 1967 but before the commencement of the Land Acquisition
(Amendment) Act, 1984 shall be made after the expiry of three years from the date of
the publication of the notification; or
(
ii) published after the commencement of the Land Acquisition (Amendment
Act, 1984 shall be made after the expiry of one year from the date of the publication of
the notification:
Provided further that no such declaration shall be made unless the compensation to be
awarded for such property is to be paid by a Company, or wholly or partly out of public
revenues or some fund controlled or managed by a local authority.
Explanation 1.—
In computing any of the periods referred to in the first proviso, the
period during which any action or proceeding to be taken in pursuance of the notification
issued under section 4, sub-section (
1), is stayed by an order of a Court shall be excluded.
* * * * *
Enquiry into measurements value and claims and award by the Collector
11.
(1) On the day so fixed, or any other day to which the enquiry has been adjourned,
the Collector shall proceed to enquire into the objections (if any) which any person interested
has stated pursuant to a notice given under section 9 to the measurements made under
section 8, and into the value of the land at the date of the publication of the notification
under section 4, sub-section (
1), and into the respective interests of the persons claiming the
compensation, and shall make an award under his hand of—
(
i) the true area of the land;
(
ii) the compensation which in his opinion should be allowed for the land; and
Publication of
preliminary
notification
and powers of
officers
thereupon
Declaration
that land is
required for a
public
purpose—
Enquiry and
award by
Collector.
Ord. 1 of 1967.
68 of 1984.
21
(
iii) the apportionment of the said compensation among all the persons known
or believed to be interested in the land, of whom, or of whose claims, he has information,
whether or not they have respectively appeared before him:
Provided that no award shall be made by the Collector under this sub-section without
the previous approval of the appropriate Government or of such officer as the appropriate
Government may authorise in this behalf:
provided further that it shall be competent for the appropriate Government to direct
that the Collector may make such award without such approval in such class of cases as the
appropriate Government may specify in this behalf.
(
2) Notwithstanding anything contained in sub-section (1) if at any stage of the
proceedings, the Collector is satisfied that all the persons interested in the land who appeared
before him have agreed in writing on the matters to be included in the award of the Collector
in the form prescribed by rules made by the appropriate Government, he may, without making
further enquiry, make an award according to the terms of such agreement.
(
3) The determination of compensation for any land under sub-section (2) shall not, in
any way affect the determination of compensation in respect of other lands in the same
locality or elsewhere in accodance with the other provisions of this Act.
(
4) Notwithstanding anything contained in the Registration Act, 1908, no agreement
made under sub-section (
2) shall be liable to registration under that Act.
11A.
(1) The Collector shall make an award under section 11 within a period of two
years from the date of the publication of the declaration and if no award is made within that
period, the entire proceedings for the acquisition of the land shall lapse:
Provided that in a case where the said declaration has been published before the
commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made
within a period of two years from such commencement.
Explanation.—
In computing the period of two years referred to in this section, the
period during which any action or proceeding to be taken in pursuance of the said declaration
is stayed by an order of a Court shall be excluded.
* * * *
15.
In determining the amount of compensation, the Collector shall be guided by the
provisions contained in sections 23 and 24.
* * * *
PART III
R
EFERENCE TO COURT AND PROCEDURE THEREON
18.
(1) Any person interested who has not accepted the award may, by written
application to the Collector, require that the matter be referred by the Collector for the
determination of the Court, whether his objection be to the measurement of the land, the
amount of the compensation, the persons to whom it is payable, or the apportionment of the
compensation among the persons interested.
(
2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made,—
(
a) if the person making it was present or represented before the Collector at
the time when he made his award, within six weeks from the date of the Collector's
award;
(
b) in other cases, within six weeks of the receipt of the notice from the Collector
Period within
which an
award shall be
made.
Matters to be
considered and
neglected.
Referrence to
Court.
16 fo 1908.
68 to 1984.
22
under section 12, sub-section (
2), or within six months from the date of the Collector's
award, whichever period shall first expire.
19.
(1) In making the reference, the Collector shall state, for the information of the
Court, in writing under his hand,—
(
a) the situation and extent of the land, with particulars of any trees, buildings or
standing crops thereon;
(
b) the names of the persons whom he has reasons to think interested in such
land;
(
c) the amount awarded for damages and paid or tendered under sections 5 and
17, or either of them, and the amount of compensation awarded under section 11;
(
cc) the amount paid or deposited under sub-section (3A) of section 17; and
(
d) if the objection be to the amount of the compensation, the grounds on which
the amount of compensation was determined.
(
2) To the said statement, shall be attached a Schedule giving the particulars of the
notices served upon, and of the statements in writing made or delivered by the parties
interested, respectively.
20.
The Court shall thereupon cause a notice specifying the day on which the Court
will proceed to determining the objection, and directing their appearance before the Court on
that day, to be served on the following persons, namely:—
(
a) the applicant;
(
b) all persons interested in the objection, except such (if any) of them as have
consented without protest to receive payment of the compensation awarded; and
(
c) in the objection is in regard to the area of the land or to the amount of
compensation, the Collector.
* * * *
23.
(1) In determining the amount of compensation to be awarded for land acquired
under this Act, the Court shall take into consideration—
first,
the market-value of the land at the date of the publication of the notification
under section 4, sub-section (
1);
* * * *
(
2) In addition to the market-value of the land, as above provided, the Court shall in
every case award a sum of thirty per centum on such market-value, in consideration of the
compulsory nature of the acquisition.
24.
But the Court shall not take into consideration—
first,
the degree of urgency which has led to the acquisition;
secondly,
any disinclination of the person interested to part with the land
acquired;
thirdly,
any damage sustained by him which, if caused by a private person,
would not render such person liable to a suit;
fourthly,
any damage which is likely to be caused to the land acquired, after the
date of the publication of the declaration under section 6, by or in consequence of the
use to which it will be put;
fifthly,
any increase to the value of the land acquired likely to accure from the use
to which it will be put when acquired;
sixthly,
any increase to the value of the other land of the person interested likely
to accrue from the use to which the land acquired will be put;
Collector's
statement to
the Court.
Service of
notice.
Matters to be
considered in
determining
compensation.
Matters to be
neglected in
determining
compensation.
23
seventhly,
any outlay or improvements on, or disposal of, the land acquired,
commenced, made or effected without the sanction of the Collector after the date of
the publication of the notification under section 4, sub-section (
1); or
eighthly,
any increase to the value of the land on account of its being part to any
use which is forbidden by land or opposed to public policy.
25.
The amount of compensation awarded by the Court shall not be less than the
amount awarded by the Collector under section 11.
* * * * *
27.
(1) Every such award shall also state the amount of costs incurred in the proceedings
under this Part, and by what persons and in what proportions they are to be paid.
(
2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by
the Collector, unless the Court shall be of opinion that the claim of the applicant was so
extravagant or that he was so negligent in putting his case before the Collector that some
deduction from his costs should be made or that he should pay a part of the Collector's
costs.
28.
If the sum which, in the opinion of the Court, the Collector ought to have awarded
as compensation is inexcess of the sum which the Collector did award as compensation, the
award of the Court may direct that the Collector shall pay interest on such excess at the rate
of nine per centum per annum from the date on which he took possession of the land to the
date of payment of such excess into Court:
Provided that the award of the Court may also direct that where such excess or any
part thereof is paid into Court after the date of expiry of a period of one year from the date on
which possession is taken, interest at the rate of fifteen per centum per annum shall be
payable from the date of expiry of the said period of one year on the amount of such excess
or part thereof which has not been paid into Court before the date of such expirty.
28A.
(1) Where in an award under this Part, the Court allows to the applicant any
amount of compensation in excess of the amount awarded by the Collector under section 11,
the persons interested in all the other land covered by the same notification under section 4,
sub-section (
1) and who are also aggrieved by the award of the Collector may, notwithstanding
that they had not made an application to the Collector under section 18, by written application
to the Collector within three months from the date of the award of the Court require that the
amount of compensation payable to them may be re-determined on the basis of the amount
of compensation awarded by the Court:
Provided that in computing the period of three months within which an application to
the Collector shall be made under this sub-section, the day on which the award was
pronounced and the time requisite for obtaining a copy of the award shall be excluded.
(2)
The Collector shall, on receipt of an application under sub-section (1), conduct an
inquiry after giving notice to all the persons interested and giving them a reasonable
opportunity of being heard, and make an award determining the amount of compensation
payable to the applicants.
(3)
Any person who has not accepted the award under sub-section (2) may, by written
application to the Collector, require that the matter be referred by the Collector for the
determination of the Court and the provisions of sections 18 to 28 shall, so far as may be,
apply to such reference as they apply to a reference under section 18.
Amount of
compensation
awarded by
Court not to
be lower than
the amount
awarded by the
Collector.
Costs.
Collector may
be directed to
pay interest
on excess
compensation.
Redetermination
of the amount
of
compensation
on the basis of
the award of
the Court.
24
PART IV
A
PPORTIONMENT OF COMPENSATION
* * * * *
30.
When the amount of compensation has been settled under section 11, if any
dispute arises as to the apportionment of the same or any part thereof, or as to the persons
to whom the same or any part thereof, is payable, the Collector may refer such dispute to the
decision of the Court.
PART V
P
AYMENT
31.
(1)* * * * *
(
2) If they shall not consent to receive it, or if there be no person competent to alienate
the land, or if there be any dispute as to the title to receive the compensation or as to the
apportionment of it, the Collector shall deposit the amount of the compensation in the Court
to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive such payment under
protest as to the sufficiency of the amount:
Provided also that no person who has received the amount otherwise than under
protest shall be entitled to make any application under section 18:
Provided also that nothing herein contained shall affect the liability of any person,
who may receive the whole or any part of any compensation awarded under this Act, to pay
the same to the person lawfully entitled thereto.
* * * * *
32.
(1) If any money shall be deposited in Court under sub-section (2) of the last
preceding section and it appears that the land in respect whereof the same was awarded
belonged to any person who had no power to alienate the same, the Court shall—
(
a) order the money to be invested in the purchase of other lands to be held
under the like title and conditions of ownership as the land in respect of which such
money shall have been deposited, was held, or
(
b) if such purchase cannot be effected forthwith, then in such Government or
other approved securities as the Court shall think fit;
and shall direct the payment of the interest or other proceeds arising from such investment
to the person or persons who would for the time being have been entitled to the possession
of the said land, and such moneys shall remain so deposited and invested until the same be
applied—
(
i) in the purchase of such other lands as aforesaid; or
(
ii) in payment to any person or persons becoming absolutely entitled
thereto.
(
2) In all cases of moneys deposited to which this section applies, the Court shall order
the costs of the following matters, including therein all reasonable charges and expenses
incident thereon, to be paid by the Collector, namely:—
(
a) the costs of such investments as aforesaid;
(
b) the costs of the orders for the payment of the interest or other proceeds, of
the securities upon which such moneys are for the time being invested, and for the
payment out of Court of the principal of such moneys, and of all proceedings relating
thereto, except such as may be occasioned by litigation between adverse claimants.
Payment of
compensation
or deposit of
same in Court.
Dispute as to
apportionment.
Investment of
money
deposited in
respect of
lands
belonging to
persons
incompetent
to alienate.
25
33.
When any money shall have been deposited in Court under this Act for any cause
other than that mentioned in the last preceding section, the Court may , on the application of
any party interested or claiming an interest in such money, order the same to be invested in
such Government or other approved securities as it may think proper, and may direct the
interest or other proceeds of any such investment to be accumulated and paid in such
manner as it may consider will give the parties interested therein the same benefit therefrom
as they might have had from the land in respect whereof such money shall have been
deposited or as near thereto as may be.
* * * *
PART VI
T
EMPORARY OCCUPATION OF LAND
35.
(1) * * * * *
(
3) In case the Collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof, the Collector shall refer such difference to the
decision of the Court.
* * * * *
37.
In case the Collector and persons interested differ as to the condition of the land
at the expiration of the term, or as to any matter connected with the said agreement, the
Collector shall refer such difference to, the decision of the Court.
PART VII
A
CQUISITION OF LAND FOR COMPANIES
* * * *
38A.
An industrial concern, ordinarily employing not less than one hundred workmen
owned by an individual or by an association of individuals and not being a Company,
desiring to acquire land for the erection of dwelling-houses for workmen employed by the
concern or for the provision of amenities directly connected therewith shall, so far as concerns
the acquisition of such land, be deemed to be a Company for the purposes of this Part, and
the references to Company in sections 4, 5A, 6, 7 and 50 shall be interpreted as references
also to such concern.
39.
The provisions of sections 6 to 16 (both inclusive) and sections 18 to 37 (both
inclusive) shall not be put in force in order to acquire land for any company under this part,
unless with the previous consent of the appropriate Government, nor unless the Company
shall have executed the agreement hereinafter mentioned.
40.
(1) Such consent shall not be given unless the appropriate Government be satisfied,
either on the report of the Collector under section 5A, sub-section (
2), or by an enquiry held
as hereinafter provided—
(
a) that the purpose of the acquisition is to obtain land for the erection of
dwelling-houses for workmen employed by the Company or for the provision of
amenities directly connected therewith; or
(
aa) that such acquisition is needed for the construction of some building or
work for a Company which is engaged or is taking steps for engaging itself in any
industry or work which is for a public purpose; or
(
b) that such acquisition is needed for the construction of some work and that
Investment of
money
deposited in
other cases.
Temporary
occupation of
waste or
arable land,
procedure
when
difference as
t o
compensation
exists.
Difference as
to condition
of land.
Industrial
concern to be
deemed
Company for
certain
purposes.
Previous
consent of
appropriate
Government
and execution
of agreement
necessary.
Previous
enquiry.
26
such, work, is likely to prove useful to the public.
(
2) Such enquiry shall be held by such officer and at such time and place as the
appropriate Government shall appoint.
(
3) Such officer may summon and enforce the attendance of witnesses and compel the
production of documents by the same means and, as far as possible, in the same manner as
is provided by the Code of Civil Procedure, 1908 in the case of Civil Court.
41.
If the appropriate Government is satisfied after considering the report, if any, of
the Collector under section 5A, sub-section (
2), or on the report of the officer making an
inquiry under section 40 that the proposed acquisition is for any of the purposes referred to
in clause (
a) or clause (aa) or clause (b) of sub-section (1) of section 40, it shall require the
Company to enter into an agreement with the appropriate Government providing to the
satisfaction of the appropriate Government for the following matters, namely:—
(
1) the payment to the appropriate Government of the cost of the acquisition;
(
2) the transfer, on such payment, of the land to the Company;
(
3) the terms on which the land shall be held by the Company;
(
4) where the acquisition is for the purpose of erecting dwelling-houses or the
provision of amenities connected therewith, the time within which, the conditions on
which and the manner in which the dwelling-houses or amenities shall be erected or
provided;
(
4A) where the acquisition is for the construction of any building or work for a
Company which is engaged or is taking steps for engaging itself in any industry or
work which is for a public purpose, the time within which and the conditions on which,
the building or work shall be constructed or executed; and
(
5) where the acquisition is for the construction of any other work the time
within which and the conditions on which the work shall be executed and maintained,
and the terms on which the public shall be entitled to use the work.
42.
Every such agreement shall, as soon as may be after its execution, be published in
the Official Gazette, and thereupon (so far as regards the terms on which the public shall be
entitled to use the work) have the same effect as if it had formed part of this Act.
43.
The provisions of section 39 to 42, both inclusive, shall not apply and the
corresponding sections of the Land Acquisition Act, 1870, shall be deemed never to have
applied, to the acquisition of land of any Railway or other Company, for the purposes of
which, under any agreement with such Company, the Secretary of State for India in Council,
the Secretary of State, the Central Government or any State Government is or was bound to
provide land.
44.
In the case of the acquisition of land for the purposes of a Railway Company, the
existence of such an agreement as is mentioned in section 43 may be proved by the production
of a printed copy thereof purporting to be printed by other of Government.
44A.
No Company for, which any land is acquired under this Part shall be entitled to
transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise except
with the previous sanction of the appropriate Government.
44B.
Notwithstanding anything contained in the Act, no land shall be acquired under
this Part, except for the purpose mentioned in clause (
a) of sub-section (1) of section 40, for
a private company which is not a Government company.
Explanation.
—''Private company" and "Government company" shall have the
meanings respectively assigned to them in the Companies Act, 1956
Agreement
with
appropraite
Government.
Publication of
agreement.
Sections 39 to
42 not to
apply where
Government
bound by
agreement.
How agreement
with
railway Company
may be
proved.
Restriction on
transfer, etc.
Land not to be
acquired under
this Part except
for certain
purposes for
private
companies
other than
Government
Companies.
5 of 1908.
10 of 1870.
1 of 1956.
27
PART VIII
MISCELLANEOUS
* * * * *
49.
(1) The provisions of this Act shall not be put in force for the purpose of acquiring
a part only of any house, manufactory or other building, if the owner desires that the whole
of such house, manufactory or building shall be so acquired:
* * * * *
Provided also that, if any question shall arise as to whether any land proposed to be
taken under this Act does or does not form part of a house, manufactory or building within
the meaning of this section, the Collector shall refer the determination of such question to
the Court and shall not take possession of such land until after the question has been
determined.
In deciding on such a reference, the Court shall have regard to the question whether
the land proposed to be taken is reasonably required for the full and unimpaired use of the
house, manufactory or building.
* * * * *
50.
(1) Where the provisions of this Act are put in force for the purpose of acquiring
land at the cost of any fund controlled or managed by a local authority or of any Company,
the charges of any incidental to such acquisition shall be defrayed from or by such fund or
Company.
(
2) In any proceeding held before a Collector or Court in such cases the local authority
or Company concerned may appear and adduce evidence for the purpose of determining the
amount of compensation:
Provided that no such local authority or Company shall be entitled to demand a reference
under section 18.
* * * * *
53.
Save in so far as they may be inconsistent with anything contained in this Act, the
provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the
Court under this Act.
54.
Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals
from original decrees, and notwithstanding anything to the contrary in any enactment for
the time being in force, an appeal shall only lie in any proceedings under this Act to the High
Court from the award, or from any part of the award of the Court and from any decree of the
High Court passed on such appeal as aforesaid an appeal shall lie to the Supreme Court
subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and
in Order XLIV thereof.
55.
(1) The appropriate Government shall have power to make rules consistent with
this Act for the guidance of officers in all matters connected with its enforcement, and may
from time to time alter and add to the rules so made:
Provided that the power to make rules for carrying out the purposes of Part VII of this
Act shall be exercisable by the Central Government and such rules may be made for the
guidance of the State Governments and the officers of the Central Government and of the
State Governments:
Provided further that every such rule made by the Central Government shall be laid as
soon as may be after it is made, before each House of Parliament while it is in session for a
total period of thirty days which may be comprised in one session or two or more successive
Code of Civil
Procedure to
apply to
proceedings
before Court.
Acquisition
of part of
house or
building.
Acquisition of
land at cost of
local
authority or
Company.
Appeals in
proceedings
before Court.
Power to
make rules.
5 of 1908
5 of 1908
28
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under the rule:
Provided also that every such rule made by the State Government shall be laid, as soon
as may be after it is made, before the State Legislature.
* * * * *
MGIPMRND—4453LAW(S-5)—14-11-2007.
LOK SABHA
————
A
Bill
further to amend the Land Acquisition Act, 1894.
————
(Shri Raghuvansh Prasad Singh, Minister of Rural Development)
MGIPMRND—5103LS(S-5)—01-12-2007.
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