Explained: Haryana’s changes to land law; why they have been criticised

Relevance: To understand land policies of Haryana

Synopsis:  The recent land acquisition bill passed by Haryana Government is being termed as “anti-farmer” which will promote “crony capitalism”.

Context:

Recently, Haryana government passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment), Bill, 2021. It seeks to expedite development projects by simplifying the procedure for the acquisition of land.

Provisions of the bill

1. Exemption: It has brought Public-Private Partnership (PPP) projects to the ‘exempt’ category, for which Social Impact Assessment (SIA)/ consent of landowners is not required.
   • • Under the Central Land Acquisition Act, it is mandatory for the government in PPP projects to seek the consent of at least 70 % of affected families and conduct Social Impact Assessment (SIA).

2. Power of collector: The Collector can determine the fair compensation and make the award without further enquiry if he is satisfied that all persons interested in the land have given their consent to the terms and conditions based on their free will.
3. Building Evacuation: Under the new law, the condition of giving 48-hour notice to the occupants of an acquired building to evacuate has been removed. Occupants would be required to vacate the building immediately after the Collector announces the award.
4. Compensation: It seeks to do away with the provision that required the government to give the evicted people plots of land in addition to monetary compensation.

Impact of the bill:

The government is no more bound to obtain the Consent of landowners, SIA for a range of projects. These projects are related to

1. National security or defence of India;
2. Rural infrastructure eg electrification; affordable housing etc
3. Industrial corridors set up by the state government or its undertakings
4. PPP projects wherein the ownership of land continues to vest with the state government
5. Urban Metro and rapid rail projects.

Why the bill is being opposed?

• It will provide arbitrary powers to the government to acquire land from landowners, majorly farmers. It will provide arbitrary powers to vacate buildings immediately after Collector’s notice, even at midnight.
• It would offer no choice to landowners to negotiate, but to accept the compensation and hand over their lands
• The government can now acquire even irrigable/cultivable land with or without the consent of the owner
• Tenants and poor persons who may have non-proprietary rights on the land are likely to lose out.
• There is fear that land will fall into the hands of corporates

Haryana Governments Stand

The government rejected the apprehensions that acquired lands will eventually go to corporates. Further,

• There is no reduction in the amount of compensation. It will continue to be the same as it used to be under the Central Act

Conclusion:

Haryana is not the only state that has sought to make the amendments in the Central Act. 16 other states, including Telangana, Gujarat, Tamil Nadu, and Maharashtra, have also enacted such laws. Although these laws have also been challenged, they are pending in court at present.

Terms to know

• Social Impact Assessment
• Public Private Partnership