{"id":1335,"date":"2011-07-13T07:41:46","date_gmt":"2011-07-13T07:41:46","guid":{"rendered":"https:\/\/developmentdebate.in\/2012\/08\/10\/salient-features-of-draft-national-land\/"},"modified":"2025-07-15T08:34:33","modified_gmt":"2025-07-15T08:34:33","slug":"salient-features-of-draft-national-land","status":"publish","type":"post","link":"https:\/\/developmentdebate.in\/?p=1335","title":{"rendered":"Salient Features of Draft National Land Acquisition and Rehabilitation and Resettlement (LARR) Bill"},"content":{"rendered":"
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Here are the salient features of the National Land Acquisition and Rehabilitation (LARR) Bill 2011 prepared by Rakshita Swamy. It also highlights some of the problem areas. <\/em><\/p>\n

Salient Features: Draft National Land Acquisition and Rehabilitation and Resettlement (LARR) Bill<\/strong><\/p>\n

1) Apart from those who lose their land, the Bill identifies those whose livelihoods are dependent on the land being acquired- as project affected persons who are entitled to R&R. Includes the following:
\n\u2022 Landless families (including agricultural labourers, artisans) who have been working on the affected area and whose primary source of livelihood stems from that area.
\n\u2022 Tribals and other forest dwellers who have lost traditional rights on the land
\n\u2022 Groups of forest gatherers, hunters, fisher folk, boatmen etc- whose primary source of livelihood will be affected due to acquisition<\/p>\n

2) Combines land acquisition and resettlement and rehabilitation<\/strong> within the same Bill- \u201cresettlement and rehabilitation must always in each instance, necessarily follow upon acquisition of land\u201d.
\n3) When can the Government acquire land?
\n\u2022 When the Govt. acquires land for its own use
\n\u2022 When the Govt acquires land to transfer it for the use of private companies for stated public purpose- either immediately or after a stipulated period of time.
\nThe public purpose for which the Govt acquires the land for transfer to the private company, once stated cannot be changed and,
\n\u2022 When a private company approaches the Govt for partial acquisition of an area, identified for public purpose, then the RR entitlements shall be applicable for the entire area affected, and not only to the area for which Govt\u2019s intervention is sought for acquisition.
\nLand acquisition for the last two cases can only take place when 80% of the affected families have given their consent to the proposed acquisition<\/p>\n

Problem areas:<\/strong>
\nWhen the Government acquires land for its own use, it does not need to obtain consent from any percentage of the affected population.
\n4) All entitlements that are stated in the Bill are described as the \u201cabsolute minimum\u201d.
\n5) Definition of a family (under displaced families to whom compensation and R&R entitlements are provided to) also includes an adult of either gender, with or without spouse or children or dependents.<\/p>\n

6) Definition of the term \u201cpublic purpose\u201d<\/strong> wherein the Government can acquire land for its own use if it fulfills a public purpose, or can acquire land to be transferred to a private company if its use satisfies a public purpose:
\n\u2022 Provision of land for strategic purposes relating to naval, military, air force, armed forces or any other purposes essential for national security
\n\u2022 Provision of land for infrastructure, industrialization and urbanization projects- where the benefits \u201clargely accrue to the general public\u201d
\n\u2022 Provision of land for village or urban sites and\/or improvement of village sites
\n\u2022 Provision of land for residential purposes to the poor
\n\u2022 Provision of land for Govt administered educational and health schemes
\n\u2022 Provision of land for purposes useful to the general public to private companies, for which at least 80% of the project affected people have given their consent
\nProblem areas: <\/strong>
\nThe term \u201cInfrastructure Project\u201d includes land for mining activities and tourism. The Government can acquire land for its own use, if it is needed for \u201cinfrastructure projects\u201d as defined above.
\n7) Social Impact Assessment<\/strong> (SIA) Study to be carried out in affected areas in consultation with the Gram Sabha. The study must assess:
\n\u2022 Nature of public purpose
\n\u2022 Estimation of loss of affected families
\n\u2022 Socio economic impact of those families left behind
\n\u2022 \u201cWhether extent of land proposed for acquisition is the absolute bare minimum needed for the project\u201d
\n\u2022 \u201cwhether less non-displacing alternatives\u201d have been exhausted
\n8 ) Public Hearing mandatory for the Social Impact Assessment
\nThe SIA must be subjected to an examination by an independent multi disciplinary expert group. This expert group must offer specific recommendations on definition of public purpose, whether land acquired is the absolute minimum and whether less displacing alternatives were exhausted.
\nProblem areas:<\/strong>
\nSIA mandatory only if land to be acquired is more than 100 acres.
\nSIA is exempted when land is acquired by the Govt by invoking the urgency clause.
\n9) Constitution of a committee, chaired by the Chief Secretary of the State, to:
\n\u2022 Examine the SIA report
\n\u2022 Ensure that the definition of \u201cpublic purpose\u2019 is legitimate, only the absolute minimum extent of land is acquired, that the Collector of the concerned District has ensured that all possibilities of utilizing waste, degraded, barren lands etc have been exhausted.
\nThe Committee- after considering the report of the Collector and the recommendations of the Expert Group- shall recommend an area for acquisition.
\nCommittee\u2019s decision to be uploaded in the public domain and a dedicated website.
\n10) No irrigated multi crop land will be proposed for acquisition under any circumstances.
\n11) Appointment of an Administrator for Rehabilitation and Resettlement- responsible for issuing a notification for the land to be acquired.
\n\u2022 Notification must include summary of the findings of the SIA, details of the administrator of the R&R. Notification must be shared in the public domain.
\n\u2022 Consequent to the notification being issued, there needs to be a declaration made. Declaration must include summary of R&R package.
\nDeclaration must be made within a stipulated period of time, after a notification is issued. Declaration must be shared in the public domain
\nIn turn, the notification must be issued within 6 months of the appraisal of the SIA by the Expert Group.
\n\u2022 The Administrator is held responsible for the devising the R&R scheme.
\n12) Hearing of objections:
\n\u2022 Any person who has an objection to the terms under which the land is acquired, may object to the extent and choice of land proposed for acquisition or the findings of the SIA can complain in writing to the Collector.
\n\u2022 The Collector will give the complainant an opportunity to present his\/her case. After hearing all such objections, the Collector can make further inquiries and submit a report (if he deems as necessary) on this recommendations on the objections made, to the Appropriate Government.
\n\u2022 The decision of the Appropriate Government on the objections shall be final.
\n\u2022 A public hearing should be organized on the R&R scheme prepared by the Administrator.
\n12) Market value of the land acquired
\nMarket value of the land acquired, will be one of the below, whichever is higher in value:
\n\u2022 Minimum land value specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area where the land is situated or,
\n\u2022 Average of the sale price for similar type of land situated in the village, based on 50% of the sale deeds registered during the last 3 years.
\nWhichever is higher
\nThe market value so calculated, multiplied by 3,  shall be included in compensation due in land acquired in rural areas.
\n13) Total compensation due for land acquired will include<\/strong>:
\n\u2022 Market value as ascertained above
\n\u2022 Value of the assets attached to the land such as buildings, trees, wells, crop etc as valued by the relevant Government authority.
\n\u2022Solatium of 100%- on the market value
\n14) Minimum Compensation for Land:<\/strong>
\n\u2022 In urban areas, the award amount would not be less than twice that of the market value determined.
\n\u2022 In rural areas, the award amount would not be less than six times the original market value.
\n15) Minimum R&R Entitlements for Land Owners:- Schedule II of the Bill
\nSubsistence allowance of Rs 3000 p.m per family for 12 months
\n\u2022 Rs 2000 p.m per family as annuity for 20 years, appropriately indexed.
\n\u2022 Constructed house
\n\u2022 1 acre of land to each family if land is acquired for an irrigation project
\n\u2022 When land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owners in proportion to their land acquired.
\nMandatory employment for 1 member per affected family
\n\u2022 2 lakh rupees if employment is not offered
\n\u2022 Offer of shares of upto 25% of the compensation amount
\n16) Minimum R&R Entitlement for Livelihood Losers:<\/strong>
\n\u2022 Subsistence allowance of Rs 3000 p.m per family for 12 months
\n\u2022 Rs 2000 p.m per family as annuity for 20 years, appropriately indexed.
\n\u2022 Constructed house
\n\u2022 Mandatory employment for 1 member per affected family
\n\u2022 2 lakh rupees if employment is not offered
\n\u2022 One time resettlement allowance of Rs 50,000
\n17) Special Comprehensive R&R Package for STs
\n18) R&R provisions are mandatory also in the case of private companies buying more than 100 acres of land or the private companies approach government for partial acquisition.
\n19) Compensation awards will be paid to individual families covered under the R&R Scheme as devised by the Administrator, to their individual bank accounts.
\n20) Where there are more than 100 families displaced, the Collector must ensure the provision of all infrastructural and basic amenities as listed in Schedule III of the Act, which includes, for example: roads, drainage facilities, drinking water, grazing land, Fair Price shops, panchayat ghars, post offices, burial\/cremation grounds etc
\n21) Special powers in case of urgency:- urgency clause can be invoked only in the following cases
\n\u2022National defense and security purposes
\n\u2022Emergencies or natural calamities
\n\u2022To be exercised in the \u201crarest of the rare cases\u201d.
\nIn the case of invoking the \u201curgency clause\u201d the Collector, without making the award, takes possession of any land needed for a public purpose, on the expiration of 15 days from the publication of the notification.
\n22) Appointment of a Commissioner for Rehabilitation and Resettlement by the appropriate State Government- for supervising the formulation of RR schemes and its proper implementation.
\n23) When land to be acquired is greater than 100 acres, the appropriate Government shall constitute a R&R Committee to monitor and review the progress of the implementation of the RR scheme and carry out post implementation social audits on the same.
\n24) Constitution of a National Monitoring Committee for Rehabilitation and Resettlement to review the implementation of the RR schemes.
\n25) Constitution of Central\/State Land Acquisition Rehabilitation and Resettlement Dispute Settlement Authority:
\nFor the purposes of speedy disposal disputes relating land acquisition, payment of compensation, RR schemes etc.
\nAny person who has a complaint can write an application to the Collector, requiring that the matter be referred to the Dispute Settlement Authority. The Collector must refer it to the concerned Authority within a period of 15 days.
\nAll proceedings of the Dispute Settlement Authority must take place in an open court.<\/p>\n

26) Return of Land<\/strong>
\nLand will be returned to the original owner if it has not been used in 5 years, for the purpose for which it was acquired.
\n27) Penalty:
\n\u2022 Levy of fees upto 1 lakh rupees, for provision of false and misleading information\/documents
\n\u2022 If R&R benefits have been obtained on the basis of false information, it will be recovered.
\n\u2022 If a Government servant is guilty of mala fide action in respect of any provision of this Act, she\/he shall be liable to such punishment as the disciplinary authority may decide.
\n\u2022 When compensation is not paid before taking possession of the land, the Collector shall pay the amount awarded with interest at the rate of 9% p.a from the time of taking possession till it should have been paid.<\/p>\n<\/div>\n<\/div>\n