Monday, May 06, 2013

Same old land issue. same old dilemma.

Even after much delay over a controversial bill on land acquisitions, the same questions over the extent of required consent and the scope for resettlement and rehabilitation continue to obstruct the creation of a sound law

The latest intervention of Congress President Sonia Gandhi in the long-pending legislation on land acquisitions has made things uncomfortable for Jairam Ramesh, the Union Minister of Rural Development. A land acquisition bill (rechristened as The Right to Fair Compensation, Resettlement, Rehabilitation and Transparency in Land Acquisition Bill), was recently approved by the Union Cabinet after several rounds of discussions by a Group of Ministers (GoM). The bill has been touted as UPA’s key answer to address investor sentiment and simultaneously address the ongoing conflicts over land across the nation. However, Sonia Gandhi’s reservations and the concerns raised by activists over certain provisions in the bill could cause more delay in the new law being passed.

Earlier this month, Ramesh had managed to avert what could have resulted in a major problem for the government. On October 2, thousands of landless farmers began a foot march from Gwalior to New Delhi demanding land for the landless and shelter for the homeless. The march under the aegis of Ekta Parishad, an NGO, that undertook a first of its kind movement in recent times, was set to culminate in New Delhi by the end of October. However, ten days into the march, Ramesh managed to disperse the movement after he signed a 10-point agreement with the leader of the movement P. V. Rajagopal.

Addressing a gathering of around 20,000 people at Agra’s COD grounds, Ramesh said that a task force in consultation with the state governments and the civil society will try to draft a policy that would ensure agricultural land and homestead rights for the landless and the homeless respectively. “The Centre cannot run away from the political responsibility of bringing about land reforms, but you should continue to put pressure on the state governments,” he said, claiming the Constitution of India has given the responsibility of deciding on land-related matters to state governments.

With the Cabinet having given its nod to the bill, the government is set to introduce it in the Parliament in the coming session.

On October 16, 2012, the GoM headed by Sharad Pawar finalised the draft, that laid down the condition that even if 2/3rd landowners gave their consent to sell their land, the government could acquire it for private projects and public-private-partnership (PPP) initiatives. Interestingly, two days after the draft details were made public, the Congress President made headlines for recommending to the PMO that the number should be necessarily raised to 80%. Only in case of acquisition for PPP projects could the threshold be diluted to 67%, if the ownership of the land remained with the government. The earlier draft of the bill did have this provision, but was later tweaked after certain ministries expressed dissent over it. Sources from the government tell B&E that the land bill is now expected to undergo some changes on the percentage of landowners’ consent, at the insistence of the UPA Chairperson.

The Land Acquisition and Rehabilitation and Resettlement Bill (LARR Bill), 2011 was tabled in the Parliament in September last year. It was referred to a Parliamentary Standing Committee which submitted its recommendations eight months later (May 2012). But due to differences within the government, PM Manmohan Singh constituted a GoM a month ago to decide on the final draft.


Source : IIPM Editorial, 2013.
An Initiative of IIPM, Malay Chaudhuri
 
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