One of the most politically contentious issues in recent times has been the government’s right to acquire land for ‘public purpose’.  Increasingly, farmers are refusing to part with their land without adequate compensation, the most recent example being the agitation in Uttar Pradesh over the acquisition of land for the Yamuna Express Highway. Presently, land acquisition in India is governed by the Land Acquisition Act, an archaic law passed more than a century ago in 1894.  According to the Act, the government has the right to acquire private land without the consent of the land owners if the land is acquired for a “public purpose” project (such as development of towns and village sites, building of schools, hospitals and housing and state run corporations).  The land owners get only the current price value of the land as compensation.  The key provision that has triggered most of the discontent is the one that allows the government to acquire land for private companies if it is for a “public purpose” project.  This has led to conflict over issues of compensation, rehabilitation of displaced people and the type of land that is being acquired. The UPA government introduced the Land Acquisition (Amendment) Bill in conjunction with the Rehabilitation and Resettlement Bill on December 6, 2007 in the Lok Sabha and referred them to the Standing Committee on Rural Development for scrutiny.  The Committee submitted its report on October 21, 2008 but the Bills lapsed at the end of the 14th Lok Sabha.  The government is planning to introduce revised versions of the Bills.  The following paragraphs discuss the lapsed Bills to give some idea of the government’s perspective on the issue while analysing the lacunae in the Bills. The Land Acquisition (Amendment) Bill, 2007 redefined “public purpose” to allow land acquisition only for defence purposes, infrastructure projects, or any project useful to the general public where 70% of the land had already been purchased from willing sellers through the free market.  It prohibited land acquisition for companies unless they had already purchased 70% of the required land.  The Bill also made it mandatory for the government to conduct a social impact assessment if land acquisition resulted in displacement of 400 families in the plains or 200 families in the hills or tribal areas.  The compensation was to be extended to tribals and individuals with tenancy rights under state laws.  The compensation was based on many factors such as market rates, the intended use of the land, and the value of standing crop.  A Land Acquisition Compensation Disputes Settlement Authority was to be established to adjudicate disputes. The Rehabilitation and Resettlement Bill, 2007 sought to provide for benefits and compensation to people displaced by land acquisition or any other involuntary displacements.  The Bill created project-specific authorities to formulate, implement and monitor the rehabilitation process.  It also outlined minimum benefits for displaced families such as land, house, monetary compensation, skill training and preference for jobs.  A grievance redressal system was also provided for. Although the Bills were a step in the right direction, many issues still remained unresolved.  Since the Land Acquisition Bill barred the civil courts from entertaining any disputes related to land acquisition, it was unclear whether there was a mechanism by which a person could challenge the qualification of a project as “public purpose”.  Unlike the Special Economic Zone Act, 2005, the Bill did not specify the type of land that could be acquired (such as waste and barren lands).  The Bill made special provision for land taken in the case of ‘urgency’.  However, it did not define the term urgency, which could lead to confusion and misuse of the term. The biggest loop-hole in the Rehabilitation and Resettlement Bill was the use of non-binding language.  Take for example Clause 25, which stated that “The Government may, by notification, declare any area…as a resettlement area.” Furthermore, Clause 36(1) stated that land for land “shall be allotted…if Government land is available.”  The government could effectively get away with not providing many of the benefits listed in the Bill.  Also, most of the safeguards and benefits were limited to families affected by large-scale displacements (400 or more families in the plains and 200 or more families in the hills and tribal areas).  The benefits for affected families in case of smaller scale displacements were not clearly spelt out.  Lastly, the Bill stated that compensation to displaced families should be borne by the requiring body (body which needs the land for its projects).  Who would bear the expenditure of rehabilitation in case of natural disasters remained ambiguous. If India is to attain economic prosperity, the government needs to strike a balance between the need for development and protecting the rights of people whose land is being acquired. Kaushiki Sanyal The article was published in Sahara Time (Issue dated September 4, 2010, page 36)

The President addressed the Parliament on 12 March 2012.  Below are some items from the agenda of the central government as outlined in the speech. Legislation

  • A Bill to eliminate manual scavenging and insanitary latrines shall be introduced in Parliament.
  • New legislation is being considered for persons with disabilities, in order to replace the existing Act.
  • A Bill to provide for a uniform regulatory environment to protect consumer interests, enable speedy adjudication and ensure growth of the real estate sector shall be introduced.
  • A Bill to create a Civil Aviation Authority to ensure safe and affordable air services will be introduced this year.
  • The government is working on legislation for safeguarding and promoting the livelihoods of street vendors.
  • Amendments shall be made to the Child Labour (Prohibition and Regulation) Act to prohibit employment of children less than 14 years of age.
  • Government will aim for early enactment of the Land Acquisition, Rehabilitation and Resettlement Bill.

Workforce Development

  • 1500 new Industrial Training Institutes and 5000 Skill Development Centres shall be set up.  Skill training will be provided to 85 lakh people during 2012-13 and to 800 lakh people during the 12th Plan.
  • A National Mission for Teachers shall be established to improve teacher education and faculty development .
  • The National Urban Livelihoods Mission shall be launched for large-scale skill upgradation, entrepreneurship development and providing wage employment and self-employment opportunities.
  • The expenditure on Research & Development shall be increased from 1 percent to 2 percent of GDP.
  • A Higher Education Credit Guarantee Authority shall be set up in order to provide limited credit guarantees through risk pooling for educational loans.

Health

  • The government will increase national Plan and Non-Plan public expenditure on health to 2.5 percent of GDP by the end of the 12th Plan.
  • The National Rural Health Mission will be converted to a National Health Mission during the 12th Plan, which will also cover urban areas.  Around 7 crore families will be provided health insurance cover under the Rashtriya Swasthya Bima Yojana by the end of the 12th Plan.
  • A Multi-sectoral Nutrition Programme will be launched in 200 districts for maternal and child nutrition needs.
  • A Department for Disability Affairs and the National Council for Senior Citizens shall be set up.

Economy

  • Steps will be taken to reduce the gap of 10 million hectares between irrigation potential created and realized.
  • A scheme for Minimum Support Price for minor forest produce is being considered.
  • A roadmap to double merchandise exports to US$ 500 billion by 2013-14 has been prepared.
  • Public sector banks shall be recapitalized to maintain their financial health.
  • A scheme for promotion of the capital goods industry will be launched during the 12th Plan.
  • Rs 17,500 crore shall be provided to the Delhi Mumbai Industrial Corridor for infrastructure projects.
  • The National Electricity Fund shall be set up to provide interest subsidy on loans disbursed to State Power Utilities.
  • Installed capacity of nuclear plants shall be increased to 10,080 MW from 4,780 MW by the end of the 12th Plan.