The LARR Bill 2011 introduced in Parliament, specifies these
quite irrespective of the ratios of private and government acquisition. The
objective is to make the process of land acquisition easy, transparent and fair
for both sides in each instance. This Bill covers all cases (0-100 percent,
50-50 percent, 70-30 percent, 90-10 percent, 100-0 percent and all other
possible combinations in between), irrespective of the ratios and leads to
equal treatment of equals in R&R, irrespective of who acquires their land,
government or private parties. The Bill puts in place a new institutional
mechanism to ensure that the R&R provisions are implemented effectively as
an integral part of land acquisition. The draft Bill is fully compliant with
the provisions of (i) PESA, 1996; (ii) Forest Rights Act, 2006; and (iii) Land
Transfer Regulations in Schedule V (i.e., tribal) areas. It also gives the
State the right to have their own Land Acquisition Policies and Acts as long as
they are not in violation of the Central Act.
Scope of LARR, 2011
Both LA and R&R Provisions will apply when:
1. Government
acquires land for its own use, hold and control
2. Government
acquires land with the ultimate purpose to transfer it for the use of private
companies for stated public purpose (including PPP projects but other than
state or national highway projects)
3. Government
acquires land for immediate and declared use by private companies for public
purpose
Note I: Public purpose for 2. & 3. above, once stated,
cannot be changed
Note II: Land Acquisition under 2. & 3. above can take place
provided 80 percent of the project affected families give prior informed
consent to the proposed acquisition.
Only R&R provisions will apply when:
- Private
companies buy land for a project, more than 100 acres in rural areas, or
more than 50 acres in urban areas
Only LA provisions will apply to the area to be acquired but
R&R provisions will apply to the entire project area even when:
- Private
company approaches Government for partial acquisition for public purpose
Salient Features of the Draft Bill
Definition of Public
Purpose
1. Land for strategic purposes relating to armed forces of the
Union, national security or defence, police, safety of the people;
2. Land for railways, highways, ports, power and irrigation
purposes for use by Government and public sector companies or corporations;
3. Land for the project affected people;
4. Land for Planned development or improvement of village or
urban sites or for residential purpose to weaker sections in rural or urban
areas;
5. Land for Government administered educational, agricultural,
health and research schemes or institutions;
6. Land for persons residing in areas affected by natural
calamities;
7. Land acquired by the Government for;
(I) use by government itself for purposes other than those covered under (1), (2), (3), (4), (5) and (6) above,
(ii) public sector companies; or
(iii) PPP projects for the production of public goods or the provision of public services;
(I) use by government itself for purposes other than those covered under (1), (2), (3), (4), (5) and (6) above,
(ii) public sector companies; or
(iii) PPP projects for the production of public goods or the provision of public services;
8. Land for private companies for the production of public goods
or provision of public services;
Under (7) and (8), consent of at least 80 Percent of the project
affected families shall be obtained through a prior informed process.
Urgency Clause
The Urgency Clause can only be invoked in the following cases:
1. National
defense and security purposes
2. R&R
needs in the event of emergencies or natural calamities
Definition of `Affected Families’
Land Owners:
1. Family
or company whose land/other immovable properties have been acquired;
2. Those
who are assigned land by the Governments under various schemes;
3. Right
holders under the Forest Rights Act, 2006.
Livelihood Losers:
1. Over
the last three years, a family whose livelihood is primarily dependent on the
land being acquired, including agriculture labourers, tenants or sharecroppers;
2. Over
the last three years, families which are dependent on forests or water bodies
for their livelihoods when these are acquired; including forest gatherers,
hunters, fisher folk and boatmen;
3. Over
the last three years, any family whose livelihood is dependent primarily on the
land being acquired in the urban areas or any family who is residing on the
land being acquired in the urban areas.
Definition of `Land’
“Land includes benefits to arise out of land, and things
attached to the earth or permanently fastened to anything attached to the
earth.”
Safeguarding Food Security
1. Multi-crop irrigated land will not be acquired except as a
demonstrably last resort measure, which in no case should lead to acquisition
of more than 5 percent of multi-crop irrigated area in a district.
2. Wherever multi crop irrigated land is acquired an equivalent
area of culturable wasteland shall be developed for agricultural purposes.
3. In districts where net sown area is less than fifty per cent
of total geographical area, no more than ten per cent of the net sown area of
the district may be cumulatively acquired under all land acquisition projects
put together in that district.
Special Provisions for SCs/STs
In addition to the R&R package, SC/ST families will be
entitled to the following additional benefits: (Schedule II)
1. 2.5
acres of land or extent of land lost to each family in every project, In case
of irrigation project 1 acre in the command area;
2. One
time financial assistance of Rs. 50,000 per family;
3. Families
settled outside the district shall be entitled to an additional 25 percent
R&R benefits;
4. Payment
of one third of the compensation amount at very outset;
5. Preference
in relocation and resettlement in area in same compact block;
R&R in case of Private Purchase of Land
1. Where a private company is purchasing land for a project
which is more than 100 acres in rural areas or more than 50 acres in urban
areas through private negotiations, the Company shall file an application with
the District Collector notifying him of:
(a) Intent to Acquire;
(b) Purpose of Purchase;
(c) Particulars of lands to be purchased
2. Collector shall refer the matter to the Commissioner R&R
for the satisfaction of all relevant provisions under this Act related to
R&R
3. Based upon the R&R Scheme approved by the Commissioner
R&R, the Collector shall pass individual awards covering R&R
entitlements
Safeguards against Indiscriminate Acquisition
- Social
Impact Assessment made mandatory;
- Chief
Secretary Committee/ Delegated Committee to approve `public purpose’ and
approve the SIA report if area is above 100 acres (Otherwise to be
reviewed by Delegated Committee so designated);
- Draft
Notification to include:
• Summary of SIA;
• Particulars of Administrator for R&R who prepares R&R scheme; - Draft
Declaration to include:
• Summary of R&R package; - No
Change of Purpose: No change from the purposes specified in the Land Use
Plan submitted at the time of land acquisition will be allowed;
- Change
ofOwnership:No change of ownership without specific permission
ofAppropriate Government is allowed;
- Land
not Used: Land that is not used within 10 years in accordance with the
purposes for which it was acquired at the time of acquisition, shall be
transferred to the State Government’s Land Bank;
- Sharing
appreciated value: Upon every transfer of land without development, 20
Percent of the appreciated land value shall be mandatorily
Special Provisions for
the States
1. The
LARR Bill 2011 allows all States to enact any law or policy related to
LA&RR, provided the same does not contradict or reduce the entitlements
under LARR 2011.
2. Any
State can therefore confer higher compensation or make provisions for
rehabilitation and resettlement which enhance or go beyond those provided for
under the Bill.
3. If any
existing State policy or law provides for entitlements that are greater than
those listed in the LARR Bill then the State is free to continue with those.
4. The
proportion in which States can acquire land for private parties has been left
entirely to the discretion of the States i.e. States can step in and acquire
land for private parties after any percentage of total acquisition has taken
place.
5. The
only conditions are that at the very least the land acquisition provisions of
LARR 2011 will apply to that part of the land that is acquired by the State
Government and the R&R provisions of LARR 2011 will apply to all of the
land already purchased by the private party as well as the remaining part of
the land to be acquired by the State Government.
Impact on Existing
Legislations
1. There
are 16 Acts of the Central Government in force that allow for land acquisition.
These are listed in schedule IV of the Act (and include legislations relating
to National Defence, National Highways, Railways etc)
2. The
provisions of LARR 2011 can be applied to the existing 16 Acts by a
notification of the Central Government.
3. The
provisions of the LARR Bill 2011 are in addition to and not in derogation of
any other Central or State law in force.