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LATEST NEWS UPDATES | Spotlight on TN land law by Radhika Ramaseshan

Spotlight on TN land law by Radhika Ramaseshan

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published Published on Apr 28, 2011   modified Modified on Apr 28, 2011
The Sonia Gandhi-headed National Advisory Council is expected to recommend the “painless” Tamil Nadu model of land acquisition when it takes stock of the draft central law at its meeting tomorrow.

The draft Land Acquisition Bill 2009 awaits Mamata Banerjee’s nod. The Centre was wary of introducing it before the Bengal elections, but with the polls nearing their end, the panel felt it was time to look at it.

A panel source said a paper by member N.C. Saxena, an ex-bureaucrat, would form the basis of a blueprint that might emerge from the meeting.

The paper, made available to The Telegraph, noted that the Tamil Nadu Acquisition of Land for Industrial Purposes Act 2001 was “more flexible with regard to the compensation offered” as compared to the central law. This also allowed the acquisition to be completed faster — from a maximum of three years to less than 180 days — because fewer people challenged it.

“By following a policy that offers generous compensation for land acquired, while allowing some room for negotiation, land-owners face powerful incentives to avoid legal contestation,” it said.

The blanket provision to disregard future value of land while fixing compensation should be replaced with one that gives the original landowner 25 per cent of the difference in case the land bought for public purpose is sold to an individual or a company, the paper said.

At the heart of the argument for a more “humane” law is the experience in Nandigram, Singur and other hotspots. “Thus far the model followed has been ‘let some people lose so others may gain’…. the losers tend to be the poorest with little skills.”

The “problem” is of assuring the original possessor a “fair share in the augmented value of the land for at least 25 years”, the paper said, adding there should be a capital gains tax on land value, a part of which should be shared with those who “lost” land.

The Telegraph, 28 April, 2011, http://telegraphindia.com/1110428/jsp/nation/story_13913042.jsp


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