The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into effect on January 1, 2014, marks a significant shift in India’s approach to land acquisition. This legislation aims to address key issues related to land acquisition, rehabilitation, and resettlement by ensuring fair compensation and transparency in the process. One major issue it tackles is the protection of the rights of landowners and affected communities, ensuring they receive adequate compensation and rehabilitation measures when their land is acquired for development projects. Additionally, the Act emphasizes transparency by mandating social impact assessments and public consultations before land acquisition.
Regarding implications, the Act is expected to have a balancing effect on industrialization and agriculture. While it might slow down the process of land acquisition for industrial projects due to stricter criteria and compensation requirements, it also ensures more sustainable development by safeguarding the interests of farmers and rural communities. This balance could lead to more responsible and inclusive industrialization, while also safeguarding agricultural interests and promoting overall socio-economic development.
Tag: Land reforms in India.
Decoding the Question:
- In the intro try to write about land acquisition Act.
- In Body
- Discuss how this act will address key issues.
- In the second part of the answer, you need to write the implications of the new act on agriculture and industries.
- Try to conclude your answer with the contextual conclusion.
Answer:
The right to fair compensation and transparency land acquisition, rehabilitation and resettlement act, 2013 is expected to affect both industrialisation and agriculture in India.Land acquisition and rehabilitation of people is getting more and more controversial with regards to infrastructure projects. In fact, it has emerged as the key bottleneck in Infrastructural development of the country. This act seeks to do away with lacunas in previous acts and expedite the process of acquisition and rehabilitation.
Major provisions under the act are:
- Consent: No land can be acquired in Scheduled Areas without the consent of the Gram Sabhas and no one shall be dispossessed until and unless all payments are made and alternative sites for the resettlement and rehabilitation have been prepared. No consent required for government projects. Consent of 70% landowners for Public-Private partnership projects. Consent of 80% of landowners required for private projects.
- Social Impact Assessment: SIA is mandatory for all projects except in cases of urgency or for irrigation projects where an Environmental Impact Assessment is required.
- Rehabilitation: Includes employment to one member of an affected family.
- Compensation: Compensation will be 4 times in rural and 2 times in urban areas. The market value of the land will be set higher than the minimum land value.
- Irrigated and Multi Cropped Land: In case when state government acquires multi cropped irrigated land, it can acquire land beyond a certain limit.
- Safeguards: State Government needs to set up a dispute settlement chairman, of the rank of District Judge. The act also made provision for the establishment of Land Acquisition Rehabilitation and Resettlement Authority for speedy settlement of disputes.
- Return of Land: If the project does not start in 5 years, then the land has to be transferred back to the original owner of the land or land bank.
Implications of the act on industrialisation and agriculture:
- Dispute Resolution: This act would resolve conflicts effectively between community and industrialists on compensation value. This would remove the initial bottleneck of the project.
- Negative Impact: Large scale agriculture land acquisition will have a negative impact on agricultural development.
- Compulsory land acquisition is inevitably “prone to litigation over compensation which was both inefficient and socially regressive in its effects”.
- A Centre for Policy Research (CPR) report, related to land acquisition, earmarks the problem that the collector continues to apply the circle rates in defiance of the court orders (of using market rates).
- As there is the absence of a clause of only non-agricultural land will be taken for development.
- Absence of a clear policy for returning unused land will not only hamper agricultural development but also it may negatively impact the industrialisation of the country.
Thus, it is imperative to make a law that can give a boost to the country’s development, securing food and developing the agrarian sector. India needs a holistic and comprehensive approach for land acquisition that not only deals with issues in a quick manner but also plays a key role in making India a $5 trillion dollar economy by 2025.
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here
