JPC on land Bill to seek eight extension 

JPC on land Bill to seek eight extension 

Context:

The Joint Parliamentary Committee (JPC) on the Land Acquisition Bill, 2015, will seek the eighth extension in the upcoming Parliament session.

Introduction:

• The JPC was set up in May 2015 to examine the Bill after it was opposed by many political parties, including allies of  the ruling BJP.
• The Bill seeks to remove the consent clause for acquiring land for five purposes- industrial corridors, public-private projects, rural infrastructure, affordable housing and defence.
  

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 :

• The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected
• Public purpose: The Act shall apply when land is acquired for ‘public purpose’. This includes land acquisition for defence purposes, infrastructure development, housing for the poor, etc.
• Consent: Consent is not required for government projects. Private projects require the consent of at least 80% landowners. Public-private partnership projects require the consent of at least 70% landowners.
• Social Impact Assessment (SIA): Conducting an SIA is mandatory for all acquisition cases except irrigation projects where an Environmental Impact Assessment has already been done or those cases exempted under the urgency provision.
• Compensation: Compensation for land shall be two to four times the market value of land in rural areas and two times the market value of land in urban areas.
• Rehabilitation and Resettlement (R&R): R&R will be given to all affected families, including land owners, and families whose livelihood is primarily dependent on the acquired land. R&R must be provided in case land is purchased (not acquired) by a private company, when the area to be purchased is more than that specified by the state.

Objectives:

The aims and objectives of the Act include:

• To ensure, in consultation with institutions of local self-government and Gram Sabhas established under the  Constitution of India ,a humane, participative, informed and transparent process for land acquisition for industrialization  , development of essential infrastructural facilities and  urbanization with the least disturbance to the owners of the land and other affected families
• Provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition
• Make adequate provisions for such affected persons for their rehabilitation and resettlement
• Ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.

Scope:

• The Act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in India.
• The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir.

The Act is applicable when:

• Government acquires land for its own use, hold and control, including land for Public sector undertakings.
• Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects.
• Government acquires land for immediate and declared use by private companies for public purpose.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015:
Key amendments introduced:

• The amended bill creates five special categories of land use: 1. defence, 2. rural infrastructure, 3. affordable housing, 4. industrial corridors, and 5. infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land.
• The Bill exempts the five categories from provisions of the LARR Act, 2013 which requires the consent of 80 per cent of landowners to be obtained for private projects and that of 70 per cent of land owners for PPP projects.
• The Bill allows exemption for projects in these five categories from requiring Social Impact Assessment be done to identify those affected and from the restrictions on the acquisition of irrigated multi-cropped land imposed by LARR Act 2013.
• The Bill changes acquisition of land for private companies mentioned in LARR Act, 2013 to acquisition for ‘private entities’. A private entity could include companies, corporations and nonprofit organisations.