Amended land acquisition bill seeks Lok Sabha’s approval

The Land Acquisition Bill, which was passed by Rajya Sabha last night, was today placed in the  Lok Sabha to seek approval for fresh amendments passed by the upper House.

The fresh amendments include the dilution of retrospective clause with regard to acquisition of land for irrigation projects.

The Rajya Sabha passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012 with four new amendments proposed by opposition parties, including BJP, by 130 votes and 10 opposing.

The bill, however, provides for protecting the interests of tribals and those belonging to the scheduled castes.

The bill stipulates that as far as possible no acquisition will take place in the areas belonging to scheduled castes and scheduled tribes and where acquisition has to take place it would be done as a demonstrable last resort.

And where such acquisition takes place it has to be done with the approval / consent of the local institutions of self-governance (including the autonomous councils where they exist).

The amended bill incorporates the following measures to protect the interests and concerns of the scheduled castes and scheduled tribes:

• A comprehensive development plan has to be prepared laying down the details of procedure for settling land rights due but not settled and restoring titles of tribals on alienated land by undertaking a special drive together with land acquisition;
• One-third  of the compensation has to be paid up-front to the affected families in case of land being acquired from members of SCs or  STs, and the rest after taking over of the possession of the land;
• Affected families should be resettled preferable in the same area in a compact block so that they can retain their ethnic, linguistic and cultural identity;
• The resettlement areas should be in lands predominantly inhabited by the SCs and STs to and land should be allotted to such extent as may be decided by the appropriate government free of cost for community and social gatherings;
• Any alienation of tribal lands or lands belonging to members of the SCs in disregard of the laws and regulations for the time being in force should be treated as null and void.
• The affected STs, SCs and other traditional forest dwellers having fishing rights in a river or pond or dam in the affected area should be given fishing rights in the reservoir area of the irrigation or hydel projects;
• Where the affected families belonging to the SCs and STs are relocated outside of the district then they should be paid an additional 25 per cent rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of Rs50,000.
• In every project, SCs and STs losing land will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower (this is higher than in the case of non-SC/ST affected families);
• In addition to a subsistence amount of Rs3,000 per month for a year (which all affected families get), the SCs and STs displaced from their areas should be given an amount equivalent to Rs50,000.