Gujarat Government eases land acquisition

Gujarat Government eases land acquisition

The Gujarat Government has introduced the Righ^th August, 2016 to replace sections of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to enhance industrial development and promote rural infrastructure. Hence, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Gujarat State Amendment), 2016 (“the new Act”) came into place.

Earlier, the Land Acquisition Act, 1984 was in place which sought to regulate land acquisition by public companies, government and was often criticized for its industrial approach. Commenting on the issues arising from the Land Acquisition Act, the Supreme Court in the case of Bondu Ramaswamy v Bangalore Development Authority and Ors said , “There is a need to remind Development Authorities that they exist to serve the people and not vice versa. We have come across Development Authorities which resort to `developmental activities' by acquiring lands and forming layouts which is not with the goal of achieving planned development or provide plots at reasonable costs in well formed layouts.”  The Government in 2013 passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the premise to provide farmers jobs, alternate land and compensation and the old Land Acquisition Act, 1984 was repealed.

The amended Section-10A of the Act seeks to exclude the application of the 2 chapters II and III. This authorises the Government to exclude defence projects, rural infrastructure, industrial corridors set up by the Government and projects under PPP from social impact assessment and other important reliefs for such projects. Social provision to safeguard food security by exempting irrigated cultivated land is also removed in case of land acquisition under projects mentioned in Section 10A of the new Act. The new Act passed by the Gujarat Government empowers government to exempt projects under Section 10 A of the new Act from social impact assessment and other provisions of the amended 2013 Central Act. However it dilutes the intent of the Act of 2013.

The new Act gives power to the Collector to waive inquiry in case all interested parties give in writing the matters to be included in award. The new Act clarifies that two lands located in the same locality may get different compensation.

The Supreme Court in the case of Sree Balaji Nagar Residential Association v. State of Tamil Nadu held that Section 24(2) of the Act of 2013 does not exclude any period during which the land acquisition proceedings might have remained stayed on account of stay or injunction granted by any court. It also removes the adverse impact of non possession and non payment of award in regards of land acquired within 5 years where the 2013 Act gave power to restore land with original owner. This period now is extended to exclude period of stay/injunction in by court or Tribunals.

Moreover, the Act empowers State to acquire land at 50% of the Compensation amount decided by the Collection in respect of projects listed under Section 10A in case size of land acquired is less than 100 acres. While the old Act of 2013 provided for rehabilitation of original land owners by providing them government jobs and alternate land, the new Act discounts the rehabilitation reliefs granted in cases related under Section 10A of the new Act.

Land acquisition is fast tracked where urgency is required since it grants governments the power to acquire land within 30 days of publication of notice without granting award by passing directions where urgency requires. The amendment further removes liability from public servants especially Heads of Departments in case of offences and court cannot take suo moto action without permission of Government.

While the amendment has been passed to ensure fast tracked land acquisition to increase rural infrastructure, farmers have raised voices on the adverse impact on their sole assets and means of livelihood. It has left private industries out of the purview as well. The government seems to have focused on the greater good which may cost it valuable votes in the upcoming 2017 State Elections.