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LATEST NEWS UPDATES | NAC for 100% land acquisition by govt

NAC for 100% land acquisition by govt

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published Published on May 26, 2011   modified Modified on May 26, 2011

-The Indian Express

 

With Trinamool Congress chief Mamata Banerjee resigning from the Union Cabinet to take over as the Chief Minister of West Bengal, the Sonia Gandhi-led National Advisory Council (NAC) today completely sidelined her objections against government role in land acquisition — even for private industry.

“The government will be acquiring 100 per cent of the land for public purpose by offering very good compensation to landowners. If the public purpose is being served by a private industry, then government will acquire land for them as well,” a NAC member told The Indian Express after the meeting chaired by Sonia Gandhi in the capital today.

With land rate compensation becoming a hot political issue, the NAC also decided to recommend that landowners be given six times the price of plot purchases registered in that area, said a press release issued late in the evening.

The other recommendations:

Participatory and full consultation with affected families on acquisition. At least 75 per cent should consent.

A law to ensure “more barren, less fertile and wastelands have been explored”, before acquisition of agricultural land.

Land acquired be returned to original owners if it is not used within 5 years.

Agricultural workers, artisans, fisher-folk and forest-gatherers to be affected by the acquisition should get 10 days’ minimum wages of that area every month for 33 years as compensation.

Option to seek all or part of the land compensation in annuities.

A single ‘National Development, Land Acquisition, Resettlement and Rehabilitation Act’ in place of the two legislations Amendment to Land Acquisition Act and Resettlement and Rehabilitation Act.

Establishment of the National Commission for Land Acquisition, Resettlement and Rehabilitation (NCLRR) to supervise the implementation of provisions.

Two per cent of urban land be reserved for urban vendors; a legislation be introduced making it mandatory for government to rehabilitate every manual scavenger.

Reform of the Integrated Child Development Scheme.

The decision on government role in acquisition is a major departure from the previous approved amendments that had imposed a ceiling of 30 per cent land acquisition by the government for private industry. More so, the government was allowed to undertake land acquisition for private projects provided the private person had already acquired at least 70 per cent land.

Even the land compensation rate is a change from previous amendments suggested by the government, where it had stipulated that the market price of top 50 per cent of land transactions during previous three years be taken as the price for compensation. This was to be supplemented with 60 per cent additional solatium.

While Mamata had opposed any role for government in land acquisition for private projects, the industry was advocating 100 per cent acquisition by the government, citing difficulty in negotiating prices with each land owner. It had recently petitioned Rural Development Minister Vilasrao Deshmukh against withdrawing government role.

However, Deshmukh said the single legislation replacing Land Acquisition Act and R&R Act might be a problem. “The Resettlement and Rehabilitation Bill provides for rehabilitation of people affected far beyond those getting affected due to implementation of the Land Acquisition Act alone. Its provisions are also for people getting affected due to national calamities and other land acquisition provisions,” the Rural Development Minister said.

Krishi Bhavan officials said the legislation being proposed by NAC would also cover acquisition for Railways and national highways, for which there is a separate legislation. However, NAC member Harsh Mander contested this argument: “Nobody is stopping to bring those legislations (for Railways and highways) in conformity with the proposed single comprehensive legislation.

The Indian Express, 26 May, 2011, http://www.indianexpress.com/news/nac-for-100-land-acquisition-by-govt/795613/


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