LAND ACQUISITION

Sandeep Goyal GO5139 Pravin Pawar GO5127

Guided By:- Mr. Siddesh Pai

INTRODUCTION
Land Land is the most critical component for any development work, be it a road, building, development of new township, power project, laying of new railway track, or a housing colony. With increasing pace of urbanization, pressure on land, particularly urban land is getting more and more pronounced. Land is already a scarce commodity.

Land Scenario in India - 2.3% of the global land housing, 17% of the human population and 15% livestock population. High degree of population pressure. high degree of

- Land resource under developmental stress. -

Large scale land degradation due to soil erosion, deforestation etc. (38.4-187 million ha of land) 20% of land falls under the category of Waste Land.

Major Problems of Land Management in India include:

Acquisition ACT, 1894. Absence of urban land policy Lack of information. Existence of a weak institutional capacity to manage land. Lack of adequate financial resources. Corruption/illegal practices.

Mode of procuring land from the owners for development . Amount of compensation. Socio -Political uprising against acquisition of private land. Huge difference between Government Value and Market Value.

Land Acquisition Act, 1894

The Land Acquisition Act of 1894 is a law that allows the government to acquire private land. Framed by Britishers. For Public Purpose by government/government agency. A fixed compensation has to be paid at Govt. Price.

Purpose of Land Acquisition Act

Facilitating the government s acquisition of privately held land for public purposes. The word "public purpose", as defined in the act, refers to the acquisition of land for EDUCATIONAL INSTITUTIONS HOUSING HEALTH SLUM CLEARANCE

Procedure for the Land Acquisition

Investigation Objection and Confirmation Claim and Award Reference to Court

The Land Acquisition (Amendment) Bill, 2007

The Land Acquisition (Amendment) Bill, 2007 was passed by the Lok Sabha on 25th February 2009 The Amendment attempts to expand the rights of those whose land is being acquired  To restrict the types of projects for which governments can acquire land. The Rehabilitation and Resettlement Bill, 2007 which attempts to specify the benefits that displaced people will receive.

Highlights of the Bill

Role and Power of Govt The consent of 80% of those likely to be affected. Even landless people of the village, will be considered. The compensation is likely to be six times the registered value, with Rs 2000 per month annuity for 20 years. If the value of land goes up in future transactions for the next ten years, 20% of the increased value would go to the original land owners. Companies have to offer the land owner with a share of the profits of the project.

Resettlement of displaced residents.  While determining compensation, the intended use of land and value of such land in the current market is to be considered. Establishment of Disputes Settlement Authority at the state and central levels.

Key Ingredients of Successful Acquisitions ?

Less reliance on agricultural land Providing attractive compensation to local communities Direct engagement with stakeholders Involve people in the developmental activity after acquisition Owner to have option to buy back the land Avoiding political alignments

What are the various models of land acquisition ?

State Sponsored Model of land acquisitions

The dominant model of land acquisition in India till date.

The state directly acquires fragmented land from the peasants.

However, in recent times, this model of land acquisition has come under serious questioning from the direct stakeholders Nandigram , Singur.

Due to lack of inadequate compensation it has become practically very difficult to implement in the current democratic set up of India.

Second model of land acquisition - Marketization

State should in no way be involved in any acquisition of land. Land has to be obtained through the process of direct exchange between buyers (private or state agencies) and sellers. This model however does not clarify the compensation package for other stakeholders related to land, say, for example, the agricultural workers. This model would lead to the emergence of a huge 'brokerage' land market and 'land acquiring' private companies would create 'private land bank .

Third model of land acquisition PPP (Public Privet Partnership)

The third model is derived from the first and the second models. The state government outsource the process of buying land to an agency. The agency act as a buyer in the market to acquire land directly from the peasants only to hand it over to the state government.

Two kinds of contracts rule this model of land acquisition I. II. A contract between state and private agency of land buyer - a written or unwritten contract. Between the private agency of land buyer and the peasants - has to be written and legally ratified.

Cases of Acquisition

Jindal Model, in Salboni

JSW is setting up a 10-million-tonne plant. On 4877.44 acres at Salboni in West Bengal. At a cost of Rs 35,000 crore. It has three components: i. Employment for at least one person per family losing land. ii. Compensation for land price in the form of cash and insurance annuity. iii. Free shares at par equivalent to land price. Steps taken: The process of land acquisition was started in 2006.  In 2008 project was brought under the purview of the SEZ-2005 act.  Jindals obtained universal acceptance of their compensation package.  They also have earned the reputation of a large-scale green-field project.  Projects like cattle rearing and water-shed management proposed.  Distribution of drinking water to the villagers is being worked out with priority.  Local youth are being trained and then employed to build a 38km long boundary wall.

POSCO model, in Paradeep

Posco's proposed 12 million tonnes steel plant - the largest foreign investment in India. About 120 km from -Paradip, At least 2,900 acres of the forest land. Only 21 out of the 2200 odd families have applied for compensation. The lack of response is attributed to the lack of coordination due announcement of lesser compensation,for the betel vine farmers by the district administration. The rising demand for betel leaves have led to the poor response to the compensation package Also the disbursement of compensation was stopped by the district as Posco paid a compensation of Rs 10000 per decimal of land as against Rs 6000 per decimal stated in the Rehabilitation and Resettlement Policy of the Orissa government.

What are the alternative models of land acquisition ?

1.

Plot Reconstitution (PR) Technique

 The concept of land assembly was first implemented in Maharashtra with the enforcement of the Bombay Town Planning Act, 1915.  Achieved by providing each holding unit with a public road access and regularizing the shape of each plot.  Compensation is paid to land owners for the land taken away for roads and public facilities.  At the same time, betterment charges known as incremental contribution are collected from each owner.

2. Land pooling/Readjustment (LP/R) Technique

 This is a simpler version of PR technique used in many Asian countries in which neither compensation nor incremental charges are paid.  The authority in charge of urban development selects land in the fringe area which is suitable for development.  The public agency engages land owners in a compulsory partnership for preparing a comprehensive plan. It sells some of the redeveloped plots to recover the expenditure and passes on the rest of the plots to land owners in proportion to the original size of the land holdings.  The land owners, thus, become partners in the urban development process.

3. Negotiated Land Purchase

 Negotiated land purchase as pursued by private colonizers. This was made possible for the first time in India under the Haryana Municipal and Regulation of Urban Areas Act, 1975.  The Act permits developers to negotiate direct purchase from farmers for large scale land assembly for urban development.  Aforesaid Act, In which owner has to apply to the State Town Planning Department in a prescribed from for issuance of licence.  Like Haryana, in Punjab too, colonization of private land in urban areas is regulated under Punjab Apartment and Property Regulation Act, 1995.

Conclusion
People are not only against the land acquisition but to the very idea of giving up land and their forms of life. A need to give a quieter and deeper look at actual policy of land acquisition specially on - the willingness of people to depart from their land - the matters related to compensation To identify alternative way of relationship between agriculture and industry

THANKS

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