The resettlement area should also provide at least 25 infrastructural amenities including schools and playgrounds, health centres, roads and electric connections, assured sources of safe drinking water for each family, panchayat ghars, fair-price shops and seed-cum-fertiliser storage facilities, places of worship and burial and cremation grounds. In 'Anthropological Impact Assessment of Development Initiatives'. Most people move out to industry. The law also ensures that all rights guaranteed under such legislation as the Panchayat Extension to Scheduled Areas Act 1996 and the Forest Rights Act 2006 are taken care of. These limits shall not apply to linear projects which includes projects for railways, highways, major district roads, power lines, and irrigation canals.
Land rights as social rights. Union Government of India has also made and notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Social Impact Assessment and Consent Rules, 2014 under the Act to regulate the procedure. The requirement of obtaining consent of 80% of the affected families is intended to make the process of acquisition more participatory and transparent. Displaced Tribals Project State Displaced Population Tribal Percentage Karjan 11,600 100 Sardar Sarovar 2,00,000 57. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt.
This misaligns the interests of land acquirer and those affected. Ministry of Labour and Employment, Government of India. The concerned State Government shall then appoint an administrator for rehabilitation and resettlement who shall be responsible for formulation of rehabilitation and resettlement schemes. Under the new Land Acquisition law, farmers and landowners are entitled to get compensation of up to four times of the market value for land acquired in rural areas, and two times the market value in urban areas. Where a State law or a policy framed by the Government of a State provides higher compensation than calculated for the acquisition of land, the affected persons or his family member may opt to avail such higher compensation and rehabilitation and resettlement under State law or policy of the State. The compensation for the acquired land is based on the value of the agricultural land, however price increases have been ignored.
When government declares public purpose and shall control the land directly, consent of the land owner shall not be required. This means no enhancement of the market value calculated occurs. This results in the complete dispossession of the land without even the token satisfaction of the processes listed under the Act. As of 2009, about 15. The Act replaced the , a nearly 120-year-old law enacted during British rule. This wage rate in rural India study included the following agricultural operations common in India: ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking, herdsmen, tractor driver, unskilled help, masonry, etc. It was passed by the Lok Sabha on Thursday and will likely be passed by the Rajya Sabha shortly as well.
Waiver of income tax and stamp duty: To further ameliorate the suffering of displaced families, the Act has exempted them from the payment of income tax and stamp duty for amounts received under this law. Two bills similar to the former had been introduced in the 2007. Emerging Property Regimes In India: What It Holds For the Future of Socio-Economic Rights? Rural Development Minister Jairam Ramesh moved the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Bill, 2013, as passed by the Lok Sabha, for consideration after a delay of about three and half anxious hours for the government. The aim of the bill is to bring in more transparency to the process of land acquisition, thereby bringing assurance of rehabilitation to the affected people. The Act forbids or regulates land acquisition when such acquisition would include multi-crop irrigated area. Once the payment is made, one or more of the affected families may seek to delay the progress of the project to extract additional compensation, thereby adversely affecting those who chose long term employment in the affected families.
The government has issued a document explaining the tenets of the Bill that offers a comprehensive explanation of a law that will change how land is acquired and owners are compensated in India. The Central Government shall constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act. European Journal of Development Research, advance online publication, 31 January2013;doi:10. Proponents cite how land acquisition policies by Governments unwittingly encourage rampant land speculation making the projects expensive since huge portion of investment would be need to be allocated for land acquisition costs. Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation 3.
The provisions relating to scheduled castes and scheduled tribes have been removed from the schedule to the law: And bought into the main legislation as recommended by the Standing Committee. The 80% requirement shall however not be applicable in cases where the acquisition is by the Government for its own use, thereby keeping the eminent domain concept intact under the new draft Bill as well. In fact over a 10-15-year period, we should move to a situation where governments do not acquire land even for their own use. Learning from case studies — Relocation and rehabilitation of non-title holder 9. Rural Areas market value x 1. This is widely summarised under the provisions of the 1894 Act. These projects have a proposed investment of nearly Rs 10 lakh crore and affect over 30 lakh people.
More clarity is needed, perhaps with the option that each state have the right to hold a referendum, whereby the voters in the state can vote to approve or disapprove proposed public purpose land acquisitions through the referendum, as is done through local elections in the United States for certain public acquisition of private or agricultural land. This group further claims that the bill, if passed, will increase the cost of acquisition of land to unrealistic level. Expands the scope to include other decision points compensation awards, disputes, etc. Narendra Singh Tomar, minister for rural development, was not available for comment. Earlier compensation in rural areas was to be four times market value. Multiplier to calculate compensation: Flexibility has been given to the states to fix the multiplier by which the compensation will be calculated.