NEW “MODEL ACT 2015 FOR LAND ACQUISITION, REHABILITATION AND RESETTLEMENT with the provision of digitalisation facilities is desirable

Cabinet approval for Smart Cities and AMRUT is a Heroic move!

Now the controversy over Land Acquisition Bill Should End Soon!
(New “Model Act 2015 For Land Acquisition, Rehabilitation And Resettlement with the provision of digitalisation facilities is desirable)

Controversy No 1:- Obtaining consent of 70% and 80% land owners for acquisition of land? In the Land Acquisition Act 2013 made by UPA government the word “consent” is not defined, while the other words or subjects are well defined, no conditions are also stated at the situation of disagreement or disparity of land owners. It simply point out that if the word “consent” is defined cautiously by NDA government the dispute will have an end.
The word/subject “consent“ should be defined first before taking into consideration for amendment and implementation and the conditions should also be furnished at the situation of disagreement/disparity.
Suggestions:-
Following provisions may be made in the bill as per necessity or need:
1. Categorization of projects for which land is to be acquired:-
(i) Category “I” is the proposed project for strategic purposes related to armed forces including paramilitary forces, state police and for any work vital to national security.
(ii) Category “II” is the proposed project for fundamental need to the nation or states for infrastructure projects, agricultural, industrial corridors, education, health, sports, housing and PPP needs.
(iii) Category “III” is the proposed project for private companies for public purpose

2. Division of land as per priorities of land to be acquired first:-
(i) Division “A” barren land
(ii) Division “B” agricultural land

3. Classification of land in terms of compensation, rehabilitation, and resettlement for fixation of pricing:-
(i) Class “I” Non agricultural developed land
(ii) Class “II” Non agricultural undeveloped land
(iii) Class “III” Forest land
(iv) Class “IV” Lake, river, sea etc.
4. Categorization of land owners for identification and distribution of compensation, rehabilitation and resettlement:-With unique identification number effected land owners may be categorized as below:-
(i) Category “H” highly affected land owners including farmers
(ii) Category “M” medium affected land owners
(iii) Category “L” lowly affected land owners
(iv) Category “T” includes landless tenant or lessee

5. The mode of taking consent of land owners and farmers:- After making above provisions in the land bill the consent from the land owners and farmers may be taken by following way
(a) Consent or NOC may be counted as same (b) If one plot of land have more than one owners, the consent of minimum one (adult) land owner is adequate (c) 3/4 of total affected land owners consent may be obtained within the time frame of six months or as set by concern or appropriate authority at the time of issuing notification for the acquisition of land (d) At the situation of disagreement/disparity the concern authority may take the decision with consultation of local committee formed for the same purpose. (d) If the issue is still unresolved at local level within the set time frame, the state government may take the decision after discussion with all stake holders as per the declared category of project or development plan as vital or fundamental need for the interest of nation and at the critical situation like disagreement or disparity of land owners, the said government may acquire the land even non fulfillment of 3/4 of land owners consent in view of the fact that the project is vital and essential for nation and land owners are fully compensated.

Controversy No 2 :- Returning of land clause in the Land Acquisition Act 2013, may be amended as 10 years instead of 05 years if the land have been acquired by the government or private company for public purpose and the project is cancelled and may not be go on in the future. The rates of returning the land may vary at this juncture and subjected to the settlement between appropriate authority and the land owners. (Probability of land returning is little and might not happen in practically but the controversy should end at this time)

Some more suggestions for common interest:-
(a) Balance between valuation of compensation and development cost: In the Land Acquisition Act 2013 the appropriate authority is given the authority for valuation of land and is fare in my opinion. The appropriate authority may decide the rate of lands as per market rate and classification of land. Balancing the cost of land and the cost of project is significant.
(b) Digitalization of proposed project with 3D maps:-After finalization of proposed project and completion of the survey the said project should be digitalized and all the necessary information should be available at the web site. Centralized monitoring system may also be formed which must be accessible for all the stake holders.
(c) Farmers and land owners “Suvidha Kendra” may be set up for the purpose to facilitate or for assistance of affected people. Single window suvidha system within ten kilometers radius for the affected people is desirable.
(d) Project protection authority: - Formation of project protection authority is must for smooth progression of the developing projects especially for the PPP projects.
(e) Discrepancies in land records of the farmers and land owners:-May be corrected before acquisition so that they get the right amount of compensation
(f) Special saving or investment schemes:- may be offered by the government to the farmers and land owners at the time of paying the compensation more