Supreme Court issues notice to 5 states over land acquisition law changes

• The Supreme Court has asked five states to give their response to a petition filed by social activists questioning the state amendments made to the land acquisition law, which the petitioners claim have diluted the safeguards the central law provides for against forcible acquisition.

Issue:

• Social activists have questioned the changes made to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013 by Gujarat, Andhra Pradesh, Telangana, Jharkhand and Tamil Nadu. The petitioners have contended that the amendments by the states are identical and go against the “basic structure” of the central law.
• States should to make the changes by the central government after the latter’s attempt to introduce similar amendments in the central law failed.
• States amended the act by way of ordinances to exempt broad categories of land projects from consent provisions, social impact assessment, objections by affected citizens and participation of local bodies.
• Projects exempted are linear category projects such as industrial corridors, expressways, highways etc.
• Petitioners have challenged the power of the states to introduce such amendments that are conflicting with the central law and want them to be declared as illegal.

About Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 :

• When government acquires the land directly for ‘public purpose’ consent of the land owner is not required. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process. In case of acquisition of land for public-private project then the consent of at least 70% of the affected families should be taken.
• Under this the land acquisition can be expedited if it relates to national defense, security and rehabilitation of affected people from natural disasters or emergencies.
• The act does not allow acquisition of land under multi cropped area. The act also mandates that in case of acquisition of multi cropped area under exceptional circumstances, an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes. In case of acquisition of other agricultural land, total acquisition should not exceed the limit as specified by an appropriate authority. These limits shall not apply to linear projects which include projects for railways, highways, major district roads, power lines, and irrigation canals.
• It will be four times the market value of land in rural areas and twice in urban areas. The market value of the land will be set as higher of: minimum land value, if any, specified in the Indian Stamp Act, 1899 or; average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest vicinity of the land being acquired.
• It is established to adjudicate matters arising out of the implementation of this law. It will be established by the state government as a “One Person” Land Acquisition, Rehabilitation and Resettlement Authority with powers of civil court. He must be either qualified to be a District Judge or must have seven years law practice experience.
• Before the acquisition process starts the government has to carry out a social impact study along with consultation involving local authorities viz. Gram Sabha, Municipality. The purpose of the study is to make public the intended ‘public purpose’, the people affected, extent of acquisition etc. The report is submitted to an expert committee who can after due consideration can also disapprove the project. But he government can override the disapproval of the committee.
• Their land will be acquired only under exceptional circumstances and that too with the prior consent of Gram Sabha or Autonomous District Councils in fifth schedule. Moreover, development plan have to be launched within 5 years to ensure their livelihood is not affected. Also, one-third compensation will be provided before acquisition and rest after the process is completed.

By: Vishal