New Delhi, July 29 (IANS) The following are the highlights of the draft land acquisition bill that was released Friday to replace a 125-year legislation and bring make such transactions equitable and transparent:
- New bill officially intended to be called National Land Acquisition and Rehabilitation and Resettlement Bill, 2011
- Current law, the Land Acquisition Act, 1894, archaic and needs updating
- Need to balance concerns of farmers, those whose livelihoods depend on land being acquired, and industrialisation
- Proposed as the first federal law on the twin subject of resettlement and rehabilitation of families affected and displaced
- Land for public purpose but under private projects can be acquired only if 80 percent of those affected agree
- Public purpose defined as need for national security, infrastructure, village or urban development, and needs from natural calamities
- Urgency clause in rarest of rare cases only for national defence security purposes, emergencies and natural calamities
- Market value of land defined as what is determined for stamp duty or average sale price of similar type of land in the vicinity, ascertained from sale deeds in preceding three years, whichever is high.
- Also, market value in rural areas will be multiplied by three
- In urban areas, the award amount would be not less than twice that of the market value determined
- In rural areas it would not be less than six times the original market value
- For land owners and those whose livelihood depends on land, subsistence allowance of Rs.3,000 per month per family for 12 months, Rs.2,000 per month per family as annuity for 20 years, indexed to inflation
- Also Rs.50,000 for transportation and mandatory employment for one member per affected family or Rs.200,000 if job not offered
- Acquirers must also provide for social infrastructure, apart from acting on some special provisions for members of Scheduled Tribes
- Indiscriminate acquisition calls for return of land to original owner if not used in 5 years for purpose stated along with one-fourth of the award amount
- Strict penalties against violators and disciplinary action against public servants for mala fide actions