On 29 August 2013, the Union Government passed the 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012.'
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011, renamed - the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012, replaces the Land Acquisition Act of 1894, and is aimed at bringing in transparency in the acquisition process, and providing adequate compensation and rehabilitation to landowners and others affected by the acquisition.
One condition imposed by the bill for the acquisition is that land can be acquired by the govt for private and PPP projects, provided there is 80 per cent consent of land owners and 70 per cent for PPP. The acquisition will be preceded by social-impact assessment to identify affected families to be compensated and whose consent has to be sought.
As per the Bill, the affected families will get four times the market value of the land acquired in rural areas and two times in urban areas while land losers and livelihood losers will get compensation. The new rules will apply retrospectively to cases where no land acquisition award has been made, besides those where land was acquired five years ago but no compensation was paid or no possession took place.
However, the policy to be adopted in the case of arable land had been left to state governments, as three states - Kerala, Haryana and Punjab - represented to the Centre that all land in the state was multi-crop and if there was a bar on selling such land to industry, there would be no industrialisation in their states.
The clauses of the Bill will apply with retrospective effect in three circumstances: If land has been acquired by any entity (government or industry) and no compensation has been given; if compensation has been awarded but 50 per cent or more of the farmers have not accepted compensation; and land was acquired five years ago but no compensation has been paid or no possession taken. These rules will apply to land acquired for special economic zones (SEZs) as well.
Related Link:
Land Acqicition BIll