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Central Government ammends Land Acquisition Act

Wednesday, 25 Feb 2009
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Group of Ministers (GoM) headed by Union Agriculture Minister Mr Sharad Pawar has cleared the proposed amendments to the Land Acquisition Act and the Rehabilitation and Resettlement (R&R) Policy.

Central Government has retained the 70:30 formula for land acquisition for industrial projects which will allow states to acquire 30 per cent of land for private developers provided they have acquired the remaining 70 per cent for setting up industrial and SEZ projects. Thus, the state will come into picture only after the private company concerned has acquired the 70 per cent of the land. Earlier, the Left parties, some state governments and the Parliamentary Standing Committee on Rural Development had objected to the 70:30 formula and sought full authority for the state to acquire land.

The R&R Bill, which is designed to give a statutory status to the National R&R Policy, 2007, makes it mandatory for parties concerned to get a social impact assessment prepared by independent multi-disciplinary expert group in cases where 400 or more families are displaced in plain areas and 200 or more families in tribal and hilly areas. The bill has also revised the quantum of compensation to be given to persons whose land is to be acquired by the state. It will be 60 per cent of the land's market value in the case of normal acquisition, and as much as 75 per cent in the case of urgent acquisition. Land will be acquired at existing market prices or area floor rate, whichever is higher. In case of a dispute, land owners will be able to approach the Land Acquisition Disputes Settlement Authority, which will be set up in every state.

The benefits include allotment of land to the extent available with the government in resettlement areas and preference in employment to at least one person from each nuclear family affected by the project. The benefits under the new policy would be available to all affected persons and families whose livelihood has been affected. The benefits also include scholarship for education, preference in allotment of contracts and housing benefits, including houses to the landless affected families. A special provision has also been made for providing lifetime monthly pension to vulnerable persons.

Now, the Central Government is planning to turn the R&R policy into a law through an amendment in the Land Acquisition Act.

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