UP allows direct buying of land
The Uttar Pradesh government had in March 2015 approved a policy to simplify the cumbersome process of land acquisition, for major infrastructure projects. The policy allowed direct negotiation between a potential seller and a buyer, so that opposition parties' would not be able to allege forceful land acquisition. One of the targets of this move was the Agra-Lucknow Expressway project. The expressway was being constructed by the state for nearly Rs 15,000 crore, using its own resources as an attempt to use the public-private partnership route had failed. Nearly 3,000 hectares have been acquired without any major problem. The new policy allowed for a simple agreement between the seller and the buyer for acquiring land, as the Land Acquisition Act of 2013 had time-consuming procedures, government officials said.
The policy can now be used by government departments, local bodies, autonomous institutions, municipal boards and respective development authorities for their projects. The policy had become imperative as the ruling Samajwadi Party had been vocal against the new land acquisition Bill in Parliament, brought by the Narendra Modi government. The party had publicly said it would not allow any forcible acquisition of land without the express consent of the farmers or the landowners. Compensation in urban areas would not be more than two times the market value or circle rate.
In rural areas, the compensation would not be more than four times the prevailing market value or circle rate. There were reports the state was even looking at a new category called semi-urban for land acquisition, which would get three times the prevailing market or circle rate.
Besides, the state government was supportive of the social impact assessment clause for all forms of acquisition.
The respective additional district magistrates (finance and revenue) would be responsible for settling compensation for land costing up to Rs 10 crore. For higher-value land, the decision would be taken by a committee headed by the respective district magistrate.
As the new policy came into force in UP, the only mega project that benefitted from it was the 302-km Agra-Lucknow Expressway, projected to be completed by October 2016.
The state government had also proposed a 382-km Lucknow-Ballia Expressway. This might be the next major project to go for large-scale land acquisition under the existing policy.
Virendra Singh Rawat
MAHARASHTRA
Maharashtra eyes own land Act
The Maharashtra government is exploring options to bring in its own Act on land acquisition or to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. The government wanted to continue using Maharashtra Industrial Development Act, 1961, for industrial projects but adhere to the provisions of the higher compensation proposed in the present Act (LAAR Act).
The government had assured higher compensation to landowners through negotiations and consent route when land was being acquired for industrial purpose.
Maharashtra Chief Minister Devendra Fadnavis had at the NITI Aayog meeting on Wednesday said the Centre had retained the right to exempt social-impact assessment (SIA) and the consent clause for acquisition under the LARR Act, 2013, while states had not been given this flexibility. A state revenue official said the government would in its new Act give more clarity to contentious issues relating to compensation, social impact assessment, consent and redressal.
As far as land acquisition for industrial purpose was concerned, the industry department official said the Centre had turned down the state's request to exempt the Maharashtra Industrial Development Act, 1961 from the LARR Act.
"However, the attorney-general had said the state can continue to acquire land through negotiations and consent route by paying compensation as per the LARR Act provisions or higher. MIDC, which is the nodal agency for industrial development, has been offering higher compensation package to landowners and it will continue to do so for ongoing and future land acquisitions. As on date, acquisition of about 6,000 hectare of land was in progress," the official said.
The official said MIDC acquired only barren, non-irrigated and infertile land for industrialisation.
A state revenue official told Business Standard: "The government may table state amendments to sections 105, 106 and 108 of the Centre's LARR Act in the legislature and seek the Presidential assent for its implementation for land acquisition in Maharashtra. Section 105 is with regard to option of appropriate government to lease while Section 106 says the provisions of the LARR Act will not apply in certain cases or to apply with certain modifications. Further, Section 108 relates to the power of the state legislatures to enact any law more beneficial to affected families."
This apart, the official said the state government would in its new Act give more clarity to contentious issues relating to compensation, social impact assessment, consent and redressal.
Sanjay Jog
WEST BENGAL
Prevailing land law
The West Bengal Land (Requisition and Acquisition) Act, 1894, has no consent clause. Since the new government came to power, it has been working on a land acquisition law that would have 100 per cent consent clause
Social impact assessment
The 1894 land Act does not have such a clause
Compensation
Compensation according to the Land Acquisition Act of 1894
UPA govt's land Bill
While there has been no change in the law, the state government has made some changes in the laws governing land administration and tenure
Land acquisition cases
No major acquisition of land in the past four years as the West Bengal government has refused to invoke the 1894 Act
RAJASTHAN
Prevailing land law
The Land Acquisition Act of 1894 has no consent clause
Social impact assessment
Such a clause does not exist
Current situation
Rajasthan was the first state to try and ratify the Centre's Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with some amendments. Though the state cabinet cleared the draft of the Rajasthan Land Acquisition Bill in September, 2014, it was stonewalled by its own legislators in the Assembly. The draft had suggested some changes: Landowners in cities can claim compensation double the market value; people living five km from cities will get compensation of 2 to 4.5 times the market value and those beyond five km can seek up to 9 times
GUJARAT
Prevailing land law
State adopted 2013 Act; it has a consent clause. Eighty per cent should give consent for any private projects, while seventy per cent should give nod for private-public projects.
Social impact assessment
Except for non-polluting rural infra industries, railways corridor and armed forces, all require SIA
Compensation
Minimum Rs 5 lakh a acre to a person giving away land and 50 per cent job to local people
UPA govt's land Bill
State has adopted the 2013 land acquisition Act with certain guidelines for district administration
Land acquisition cases
No significant land has been acquired in two-three years