Union Cabinet of India Approved Land Acquisition Bill

The Land Acquistion, Relief and Rehabilitation Bill, 2011, was approved by the Union Cabinet on 5 September 2011. It aims to put in place a transparent and legal framework for land acquisition. According to the proposed Bill, consent of at least 80 per cent of people will be mandatory to acquire land except where it is acquired for a public purpose. The Bill defines public purpose as land use for strategic purposes, infrastructure and industry. The Bill calls for different land acquisition norms for rural and urban areas. Under the new Bill, the states will be free to have their own land acquisition laws. The proposed law seeks to replace the 117-year-old Land Acquisition Bill, 1894 and for the first time integrates both land acquisition and R&R package.

Main features of land draft bill
• For land acquired in rural areas, the compensation will be four times the market value. The compensation package for urban area however remains two times the market value.

• Linear projects like Railways and Power lines will not be covered under the Bill.
Irrigated multi crop land can be acquired upto five percent. However, an equal area of waste land within the district will have to be developed.
• In case the acquired land is not used for the stated purpose the land will not be returned to the original owner but will go to state.
• States  are free to have their own land acquisition law.
• Public purpose has been defined as land use for strategic purpose, infrastructure and industry.
• Consent of 80 percent people would be mandatory in case the land is acquired for private project. Consent not mandatory when land is acquired by the government for its own use.
• Urgency clause to be used in rarest of rarest case, such as emergencies or national calamity.
• Compensation should be completed within three months of acquisition. Re settlement and rehab monetary part should be completed within 6 months.
• Persons who have been dependent on the said land for at least three years will be eligible for compensation.