Monday, March 23, 2015

IS LAND ACQUISITION ACT A FAIR LEGISLATION? What is the real need of the hour?



            Land acquisition is the process conducted by central or state governments to acquire land from land owners for the creation of infrastructure and economic growth. Earlier this process was governed by land acquisition act 1894 which was a creation of British government. But this act was repealed by the enactment of new The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 which increased the compensation for acquisition. Now the BJP led government's effort to amend this act had led to a several controversies. The ordinance passed by the government on the behalf of this effort led itself to a big trouble in converting this to an act mainly in Rajya Sabha where the government is outnumbered.


The real question is that 'Is this act a pro farmer one?' 
  In my opinion the act is extremely capitalist and corporate oriented. The main problem with this ordinance is the move to  amend 10(A) of 2013 act. It had excluded five sectors from social impact process and consent clause. In other words, if the land is acquired by government for acquired for national security, defense, rural infrastructure including electrification, industrial corridors and housing for the poor including PPP where ownership of land continues to be vested with the government, the provisions given in consent clause and social impact assessment will not be applicable. Social impact assessment was intended to find out the number of people who was effected by acquisition including those who are not the owners and depended on them. This was an effort to avoid poor land cultivators from the ambit of compensation. Also it led to the destruction of most fertile lands in northern plains.
       Benefits to corporate is also needed for the economic development. But it cannot be done through negligence of farmers and the poor. The real need of the hour is to replace the land acquisition with new alternatives where government must strike a good balance between farmers or poor and corporates needs such as leasing which had successfully accomplished in certain states like UP, Bihar etc.

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