Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 was recently passed by the Parliament. The Bill has provisions to provide fair compensation to those whose land is acquired by public or private sector. There are advantages and disadvantages of the bill.
ADVANTAGES OF THE BILL
It brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected.
This legislation will benefit both industry and those whose livelihood is dependent on land. It provides two times more compensation in urban areas and four times more compensation in rural areas than the circle price.
The circle rates are decided by the local government on the basis of average sale price for the last 3 years or last 3 months whichever is higher.
The bill establishes regulations for land acquisition as a part of India's massive industrialization drive driven by public-private partnership.
The bill will be central legislation in India for the rehabilitation and resettlement of families affected by land acquisitions.
In addition the bill has a provision by which states can add some more benefits to it.
The bill will eclipse the eminent domain criteria and introduce voting criteria in which 80% of the people should say yes only then land will be acquired.
The Bill will replace the decade old Land Acquisition Act of 1894, which was enacted during British rule.
However there is still some confusion whether the bill is boon or a bane. Many people say it is a boon, others say that it is just a move to increase the vote bank in the forthcoming elections.
DISADVANTAGES OF THE BILL
The Industry has serious concerns on some of the provisions of the Land Acquisition Bill.
In addition, the Government has exempted some clauses & act from the bill. They can acquire land under these acts without any voting as these are exempted sectors. Some of the sectors are:
Besides these, the Land acquisition has been placed under state list. States will decide now whether to improve the bill or follow the existing norms.
So seeing all these facts, the bill has brought more disadvantages with it rather than the advantages. The bill is said to be the base for "Right to Fair Compensation," it means wellbeing of the people whose lands are acquired. Now the question is whether the bill has benefitted the people. Seeing all the disadvantages, the answer is a NO.