Land acquisition topic is very important for almost all competitive exams of India

starting from UPSC, State PSC, CPF, APFC, Bank and MBA Group Discussion /
Interviews.
1. What is Land Acquisition?
2. How is this process governed?
3. Land is a state subject then how can the parliament pass a law?
4. What is the problem with land acquisition act of 1894?
5. Why was new law required?
6. What are the major changes being proposed?
7. Land acquisition Bill, 2011: Salient Features
Introduction
Excluded
Then where is it applicable?
Applicable even to private companies
Government can acquire land for Public Purposes
Consent
Limits on land acquisition
Compensation
Dispute resolution
What if the acquired land is not used?
8. Download Pro Con analysis and summery
What is Land Acquisition?
Land acquisition is the process by which the government forcibly acquires
private property for public purpose without the consent of the land-owner.
It is thus different from a land purchase, in which the sale is made by a willing
seller.
How is this process governed?
Land Acquisition is governed by the Land Acquisition Act, 1894. The
government has to follow a process of declaring the land to be acquired, notify
the interested persons, and acquire the land after paying due compensation.
Various state legislatures have also passed Acts that detail various aspects of
the acquisition process.

Land is a state subject then how can the parliament pass a law?
Though land is a state subject, acquisition and requisitioning of property is in the
concurrent list. Both Parliament and state legislatures can make laws on this
subject.
What is the problem with land acquisition act of 1894?
very old, ineffective, weak
draconian
delayed and no compensation
no livelihood provisions afterwards
Why was new law required?
Heightened public concern: Singur, Yamuna Express etc.
absence of proper rehabilitation law
anticorruption movement
public unrest at many places
Law and order problems: police and farmer clashes in UP
The government had introduced a Bill to amend this Act in 2007. That Bill lapsed
in 2009 at the time of the general elections. The government enacted a new bill in
2011.
What are the major changes being proposed?
In 2011, the (bogus UPA) Government made changes in 2007 Bill with regard to
the purpose for which land may be acquired;
the amount of compensation to be paid;
the process of acquisition;
use of the land acquired; and
dispute settlement mechanisms.
Land acquisition Bill, 2011
Introduction
Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced
by the Minister of Rural Development.
The Bill proposes a unified legislation for acquisition of land and adequate
rehabilitation mechanisms for all affected persons
replaces the Land Acquisition Act, 1894



Excluded
provisions of this Bill shall not apply to 16 existing legislations that provide
for land acquisition. These include
1. The Atomic Energy Act, 1962,
2. The National Highways Act, 1956,
3. SEZ Act, 2005,
4. Land Acquisition (Mines) Act, 1885,
5. The Railways Act, 1989.
Then where is it applicable?
provisions of the Bill shall be applicable in cases when the appropriate
government acquires land,
1. for its own use and control,
2. to transfer it for the use of private companies for public purpose, and
3. on the request of private companies for immediate use for public purpose
Applicable even to private companies
private companies shall provide for rehabilitation and resettlement if they
purchase or acquire land, through private negotiations, equal to or more than
100 acres in rural areas and 50 acres in urban areas.
Anti-argument
It is not clear whether Parliament has jurisdiction to impose rehabilitation and
resettlement requirements on private purchase of agricultural land.
While private companies are included, but PSUs are excluded from the
responsibility of rehabilitation.
Government can acquire land for these Public Purposes
1. strategic defense purposes and national security,
2. roads, railways, highways, and ports, built by government and public sector
enterprises
3. project affected people,
4. planned development or improvement of villages.
5. residential purposes for the poor and landless.
Public purpose includes other government projects which benefit the public as well
as provision of public goods and services by private companies or public-private
partnerships.



Consent
Land acquisition will require the consent of 80 per cent of project affected
people
Affected families include those whose livelihood may be affected due to the
acquisition, and includes landless labourers and artisans.
Anti-argument
Projects involving land acquisition and undertaken by private companies
or public private partnerships require the consent of 80 per cent of the people
affected. However, no such consent is required in case of PSUs.
Limits on land acquisition
maximum of five per cent of irrigated multi-cropped land may be acquired in a
district, with certain conditions.
Every acquisition requires a Social Impact Assessment (SIA) by an
independent body followed by a preliminary notification and a final award by
the District Collector.
In the case of urgency, the Bill proposes that the appropriate government shall
acquire the land after 30 days from the date of the issue of the notification
(without SIA).
This clause may be used only for defence, national security, and conditions
arising out of a national calamity.
Compensation
The value of the assets (trees, plants, buildings etc) attached to the land being
acquired will be added to this amount.
mandated the job for one person in each affected family or Rs. Two lakhs
separate allowance for SC,ST
provision for housing, if the land is acquired for housing projects
Anti-Argument
1. The market value is based on recent reported transactions. This value is
doubled in rural areas to arrive at the compensation amount. This method may
not lead to an accurate adjustment because people sell land to each other at
underreported price to save stamp duty.
2. The government can temporarily acquire land for a maximum period of three
years. There is no provision for rehabilitation and resettlement in such cases.


Dispute resolution
Bill proposes the following authorities;
1. Administrator;
2. Commissioner for Rehabilitation and Resettlement;
3. Rehabilitation and Resettlement Committee (for acquisition of 100 acres or
more of land);
4. National Monitoring Committee for Rehabilitation and Resettlement; and Land
Acquisition, Rehabilitation and Resettlement Authority (which shall adjudicate
all disputes, with appeal to the High Court).
What if the acquired land is not used?
If an acquired land which is transferred to a person for a consideration, is left
unutilised for a period of 10 years from the date it was acquired, it shall be
returned to the Land Bank or the appropriate government.
in cases where the ownership of an acquired land is sold to any person, without
any development made, 20 per cent of the profit made shall be shared among
all the persons from whom the land was acquired.
Reference
1. Inputs from Om Kasera (AIR 17 / CSE 2011).
2. Rediff news report.
3. PRS Legislative Research (PRS), New Delhi