Is the new Land Bill against the farmers or is it amended to suit corporates? DC discusses the recent amendments to Land Acquisition Act, 2014, and their effects.
New land bill not against farmers
Three of the most important functions of the government are: to reform, to regulate, and to generate revenue. These are the ‘3Rs’ as we call them. After missing the massive manufacturing, trade and infrastructure revolution in the early 90s and being relegated to the gait of an elephant and below 5 per cent growth rate, Indian economy was at its nadir, until the BJP-led NDA woke it up with a macro plan called ‘Make in India’.
‘Need for speed’ is the mantra of development, to trigger the sluggish economy tied down by two terms of misgovernance and policy paralysis of the Congress-led UPA government.
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force on January 1, 2014.
Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894.
On December 31, 2014, the newly-elected BJP-led NDA government passed an ordinance with an official mandate to meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country.
The government passed a Land Acquisition Amendment Bill in Lok Sabha on March 10, 2015.
For a free global economy to thrive, expeditious clearances, land acquisitions and policy reforms are the core essentials.
With over four lakh projects critical to employment generation, rural infrastructure, national security, manufacturing and industrial growth mired in litigation for years due to clauses like 75 per cent acceptance and social impact assessment, it is not surprising that we are far behind many small countries like Uganda, Kenya, Equador and Bangladesh and are ranked 134 for ease of doing business globally.
The direct impact of it is on employment for youth, rural and agri-infrastructure, industrial growth and indigenous manufacturing.
The overall land acquisition under selected projects impacted by this Bill will not be more than 0.5 per cent of the cultivated land in India.
However, by branding it anti-farmer, the united Opposition, led by a jittery Congress, is having a field day using the sheer statistical strength in the Upper House to stall this extremely important legislation, which can drive this nation’s economy in the right direction.
In fact, with this mispropaganda, they are doing gross injustice to the farmers, who can demand up to four times the value of the land, and are undermining a massive rural infrastructure and industrial growth spurt, which can positively impact the living standards of millions of poor people in this country.
Imagine, if Andhra Pradesh’s new capital and Telangana’s water grid projects were to be stuck in land acquisition litigations, what would have been the fate of growth in these two new states.
Imagine the same on a national scale to understand the damage caused by opposing this important piece of legislation.
India and Indians have no choice but to move in the direction of growth, which is long due and to bridge the gap between the ultra poor and the rich of this country, through right steps at the right time.
It is important for the Opposition parties to move away from petty political expediency and put the country first by supporting this Bill in Parliament.
- Krishna Saagar Rao, BJP spokesperson
Bill amended to suit corporates
Land Acquisition, Rehabilitation and Resettlement Act-2013 was promulgated before the draconian Land Acquisition Ordinance, 2014.
Land Acquisition Act-2013 came into existence after a debate in Parliament just nine months before this amendment ordinance. The present ordinance was introduced in order to help corporate sharks.
The Land Acquisition Act, 2013 came into force in the UPA regime. The Act clearly said that land will be acquired only with the consent of farmers.
It had also clarified that people displaced due to the acquisition will not lose anything. In fact, their socio-economic condition will improve.
The 2013 Act had put an end to forcible acquisition, whereas the present ordinance will forcibly displace either farmers or tribals from their land.
The Act of 2013 clearly said that nobody should be displaced from their land until and unless due compensation is completely paid and displaced people are rehabilitated.
The previous Act mandated that apart from farmers, tenant farmers, agricultural labourers, artisans and other dependents on the particular piece of land, will also get compensation. The Act was very clear that a particular piece of land will be acquired only after thorough enquiry to confirm that the acquisition is necessary, and any alternative land cannot be acquired etc.
Land Acquisition Act, 2013 also categorically stated that land can be acquired only after providing safeguards to farmers and tribals enshrined in the Panchayat Act and Forest Rights Act.
If anybody does not use the acquired land for the said purpose, that land must be returned to its previous owner. If at all that land is sold to a third party and land value is increased, 40 per cent share is to be given to the farmer. According to the Act, if the lands of farmers are to be acquired, consent of 80 per cent of the total number of farmers giving up land was required.
Chapter 2 of the Act also said that social impact assessment should be made. It included questions like — Is the acquisition necessary for public purpose? How many families will be impacted? How much land is required? Whether any alternative land can be acquired, and the amount of money required for that?
In the rehabilitation programme, roads, drainage, drinking water, water for cattle, trees, post offices, godowns, electricity, places of worship and tribal welfare centres etc. were listed as basic infrastructure to be provided to the rehabilitated people.
In Chapter 3, it was pointed out that multi-crop cultivable land should not be acquired. If at all such land is to be acquired, alternative land must be provided and the necessary amount for the development of infrastructure must be deposited with the government.
But, unmindful of the negative impact it is going to create, the NDA government is not interested in abandoning the objectionable amendments it wants to bring. It only seems interested in making few minor changes which can’t check the negative impact.
Incidentally, both TRS government in Telangana and TD government in AP are not interested to press for major changes as they want to sail with the NDA, in order to avoid several issues in land acquisition for their projects in their respective states.
- K. Narayana, National executive member, Communist Party of India
