Land Acquisition In India
••Consent: For government projects, no consent is required while consent of 70 per cent of landowners is required for Public- Private Partnership (PPP) projects and 80 per cent for private projects.
••Social Impact Assessment: In the case of a land acquisition (irrespective of the ownership of project), Social Impact Assessment is necessary unless and until there is an urgency. If the project is for irrigation, then Environmental Impact Assessment is required.
••Irrigated multi-cropped land: In case the land in question is irrigated multi-cropped, it cannot be acquired beyond a limit specified by the state government.
••Limitations: The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. It ensures that livelihood will not be taken away unless
-It is in public interest and that is seen by social impact assessment
-The affected citizens are given rehabilitation The amendments made without considering the above factors will take away fundamental rights of the citizens.
••Safeguards: State Governments have to set up dispute settlement Chairman and he should be a district judge or practicing as a lawyer for 7 years. The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes.
••Return of land: If the project doesn't start in 5 years, the land acquired under the Act has to be returned to the original owner or the land bank.
••Compensation under the 2013 Land Acquisition Act
- Compensation varies with the market rates. In the case of rural area, it is four times the market rate and for an urban area, it is two times. Affected artisans, small traders, fisherman etc. by the land acquisition are given one-time payment even if they do not own any land.
- There is also provision for rehabilitation and resettlement award which includes employment to one member of an affected family.
- If Government acquires the lands for a private company, the said private company will be responsible for relief and rehabilitation of the affected people along with an additional rehabilitation package for SC/ ST owners.
••Fertile, irrigated, multi-cropped farmland can be acquired only in last resort: If such fertile land is acquired, the Government will have to develop an equal size of wasteland for agriculture purpose.
••In case someone is not satisfied with an award under the Act, they can approach the Land Acquisition, Rehabilitation and Resettlement (LARR) Authority.
Way Forward
Social movements protesting forceful land acquisition in India have mobilized to compel important amendments to the law and make the state and corporations accountable to impacted communities, at least on paper, on the other hand these very laws are constantly sought to be reversed by dominant forces in order to cement a neoliberal order in the trade of land and natural resources. The strict implementation of these laws, however diluted they may be, is ground for yet another battle.
LAND POOLLING
• What is land pooling? Also known as land readjustment or land reconstitution – It is a land acquisition strategy where ownership rights of privately held land parcels are transferred to an appointed agency, with these land parcels being pooled as a result.
o The agency uses some of the pooled land for infrastructure development and sale, while the rights to new parcels in the pooled land are transferred back to the original landowners in some proportion to their original property.
• Why land pooling? A number of flagship urban development projects have been delayed owing to issues with land acquisition, which often stem from problems with compensation, rehabilitation and resettlement for persons affected.
o States are often unable to finance the necessary compensation for land acquisition. As per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, States are required to pay close to four times the market value in case of land acquisition in rural areas and twice in case of urban areas.
o For example, the Delhi-Mumbai Industrial Corridor (DMIC) project has been running behind schedule due to land acquisition issues, with Rajasthan not being able to acquire any land in the first five years since the project was announced, owing to limited funds for land compensation.
• In this context, Land pooling has emerged in India as a viable and popular alternative to direct land acquisition, with States amending laws to allow for this mechanism to be utilised.
Benefits of Land Pooling
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• For Landowners
o Increase in Value of land: Unfair distribution of land values in land acquisition is the primary cause of increasing land conflicts. Land pooling projects distribute the newly created incremental value among the land owners and the government/developer entities.
o Non-Displacing Strategy of Land Assembly: Land Pooling provides for a mechanism whereby land owners retain their land and hence the sense of belonging.
o Conversion of irregular land parcels into plots of regular sizes and shapes: Planned development through land pooling not only eliminates this particular hurdle but also promotes better land use to the land owners which in turn promotes the efficiency.
• Government
o No Upfront Costs: Land pooling is a unique assembly strategy that has the advantage of no initial monetary outlay to purchase the land.
o No Upfront Costs: Land pooling is a unique assembly strategy that has the advantage of no initial monetary outlay to purchase the land.o Relatively less Conflict-Ridden Process: Though land pooling does not eliminate the possibility of landowner resistance, the strategy may be offering a stronger protection of property rights as the landowners share the opportunity to share in the development potential and in a way treat the landowners like investors in the future project.
✓ Land pooling looks to fast-track the traditional land acquisition process while still addressing social concerns.
o Higher tax base with increase in property prices: The revenue base of the local bodies increases owing to increased land values and enlarged tax base.
• Other Benefits
o A transformative step for Urbanisation: Given the pressing need for urban development in India, land is needed for variety of infrastructure projects. Land pooling policy based on public private partnership in land assembly in urban development represents a paradigmatic shift.
o Social Capital Creation: Social capital refers to the institutions, relationships, and norms that shape the quality and quantity of a society’s social interactions. The creation of social capital is an
extremely important benefit of the land pooling strategy.
o Increase of public-private cooperation and trust: Through land pooling, a wider community participation in land development and public-private partnership is fostered. On the benefit side, the strategy ensures a three-way win; for the private players to put their skills to use; the government to facilitate the development and ultimately the land owners who benefit from the development.
Challenges with Land Pooling Policy
• Compensation and resettlement issues: While land pooling offers a much more participatory vision of development than direct land acquisition, compensation and resettlement under land pooling is still a source for concern for the people affected.
• Issue of consent: Whether or not proper consent for land pooling has been given by landowners is also debatable, with the speed needed for development often pressuring agencies to make land pooling compulsory. This has been the case for the Navi Mumbai Airport Influence Notified Area (NAINA) development, whereby land pooling was made mandatory instead of voluntary owing to delays.
• Concerns of landless: More must also be done to ensure that compensation and resettlement provisions extend to tenant farmers and agricultural labourers, as compensatory packages are often insufficient for the landless. For example, the land pooling scheme for Amaravati for tenant farmers and landless families only includes a monthly payout of Rs 2,500.
• Issue of land records: Furthermore, being able to pool land is reliant on there being clearly documented land ownership records, which is often not the case.
Way Ahead to Unlock Urban Land for Affordable Housing
• Smart, transit-oriented development: Development around rapid-transit routes has several advantages, including improving labor mobility and, potentially, providing a mechanism for funding both affordable housing and transportation infrastructure.
• Releasing public land: Governments often own significant shares of undeveloped land in cities, and this land is frequently valued below market prices. This land can be developed in partnership with private developers under a revenue-sharing scheme.
• Unlocking serviced idle land: In many cities around the world, significant amounts of serviced residential land (with access to utilities and infrastructure) within urban areas are unused or under-developed. Tax and regulatory policy can unlock idle land through incentives (property tax exemptions for new development)
• Ensuring clear titles and formalising informal land use: Informal land can be formalized through legal structures that facilitate individual or collective ownership. Simply establishing who actually owns land can make it accessible to the market.
• Improving urban land-use rules and using inclusionary planning: By changing land-use rules, cities can significantly lower the amount of land used per housing unit, usually by adjusting the permitted floor-area ratio.
More work needs to be done to both study land pooling and its associated legal framework so that it can be a true alternative to land acquisition in India.
• The authorities must be clear and transparent with the people affected about how exactly compensation, resettlement and rehabilitation will be done under land pooling, and not let the urgency of land acquisition override social concerns.
• If done well, land pooling can possibly enjoy greater legitimacy and trust among stakeholders than conventional land acquisition, truly allowing India to have inclusive development where all can benefit.
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