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LAAR Bill
LAAR Bill
Draft of Land Acquisition & Rehabilitation & Resettlement Bill (LAAR) 2011
Answer: The LARR Bill 2011 introduced in Parliament, specifies these quite irrespective of the ratios of private and government acquisition. The objective is to make the process of land acquisition easy, transparent and fair for both sides in each instance. This Bill covers all cases (0-100 percent, 50-50 percent, 70-30 percent, 90-10 percent, 100-0 percent and all other possible combinations in between), irrespective of the ratios and leads to equal treatment of equals in R&R, irrespective of who acquires their land, government or private parties. The Bill puts in place a new institutional mechanism to ensure that the R&R provisions are implemented effectively as an integral part of land acquisition. The draft Bill is fully compliant with the provisions of (i) PESA, 1996; (ii) Forest Rights Act, 2006; and (iii) Land Transfer Regulations in Schedule V (i.e., tribal) areas. It also gives the State the right to have their own Land Acquisition Policies and Acts as long as they are not in violation of the Central Act.
Private companies buy land for a project, more than 100 acres in rural areas, or more than 50 acres in urban areas
Only LA provisions will apply to the area to be acquired but R&R provisions will apply to the entire project area even when:
Private company approaches Government for partial acquisition for public purpose Salient Features of the Draft Bill
3. Land for the project affected people; 4. Land for Planned development or improvement of village or urban sites or for residential purpose to weaker sections in rural or urban areas; 5. Land for Government administered educational, agricultural, health and research schemes or institutions; Dear Candidate, This Material is from Our Study Kit of Contemporary Issues for IAS Mains 2012 . These materials are extremely useful for GS Mains, Public Administration, Sociology, Political Science and Economics. For Details Click Here 20% Discount for the Candidate who have qualified 2012 Preliminary Examination. 6. Land for persons residing in areas affected by natural calamities; 7. Land acquired by the Government for; (I) use by government itself for purposes other than those covered under (1), (2), (3), (4), (5) and (6) above, (ii) public sector companies; or (iii) PPP projects for the production of public goods or the provision of public services; 8. Land for private companies for the production of public goods or provision of public services; Under (7) and (8), consent of at least 80 Percent of the project affected families shall be obtained through a prior informed process.
Urgency Clause
The Urgency Clause can only be invoked in the following cases: 1. National defense and security purposes 2. R&R needs in the event of emergencies or natural calamities Definition of `Affected Families Land Owners: 1. Family or company whose land/other immovable properties have been acquired; 2. Those who are assigned land by the Governments under various schemes; 3. Right holders under the Forest Rights Act, 2006. Livelihood Losers: 1. Over the last three years, a family whose livelihood is primarily dependent on the land being acquired, including agriculture labourers, tenants or sharecroppers; 2. Over the last three years, families which are dependent on forests or water bodies for their livelihoods when these are acquired; including forest gatherers, hunters, fisher folk and boatmen; 3. Over the last three years, any family whose livelihood is dependent primarily on the land being acquired in the urban areas or any family who is residing on the land being acquired in the urban areas. Definition of `Land Land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
Safeguarding Food Security 1. Multi-crop irrigated land will not be acquired except as a demonstrably last resort measure, which in no case should lead to acquisition of more than 5 percent of multi-crop irrigated area in a district. 2. Wherever multi crop irrigated land is acquired an equivalent area of culturable wasteland shall be developed for agricultural purposes. 3. In districts where net sown area is less than fifty per cent of total geographical area, no more than ten per cent of the net sown area of the district may be cumulatively acquired under all land acquisition projects put together in that district. Special Provisions for SCs/STs In addition to the R&R package, SC/ST families will be entitled to the following additional benefits: (Schedule II) 1. 2.5 acres of land or extent of land lost to each family in every project, In case of irrigation project 1 acre in the command area; 2. One time financial assistance of Rs. 50,000 per family; 3. Families settled outside the district shall be entitled to an additional 25 percent R&R benefits; 4. Payment of one third of the compensation amount at very outset; 5. Preference in relocation and resettlement in area in same compact block; R&R in case of Private Purchase of Land 1. Where a private company is purchasing land for a project which is more than 100 acres in rural areas or more than 50 acres in urban areas through private negotiations, the Company shall file an application with the District Collector notifying him of: (a) Intent to Acquire; (b) Purpose of Purchase; (c) Particulars of lands to be purchased 2. Collector shall refer the matter to the Commissioner R&R for the satisfaction of all relevant provisions under this Act related to R&R 3. Based upon the R&R Scheme approved by the Commissioner R&R, the Collector shall pass individual awards covering R&R entitlements Safeguards against Indiscriminate Acquisition
Social Impact Assessment made mandatory; Chief Secretary Committee/ Delegated Committee to approve `public purpose and approve the SIA report if area is above 100 acres (Otherwise to be reviewed by Delegated Committee so designated); Draft Notification to include: Summary of SIA; Particulars of Administrator for R&R who prepares R&R scheme;
No Change of Purpose: No change from the purposes specified in the Land Use Plan submitted at the time of land acquisition will be allowed; Change ofOwnership:No change of ownership without specific permission ofAppropriate Government is allowed; Land not Used: Land that is not used within 10 years in accordance with the purposes for which it was acquired at the time of acquisition, shall be transferred to the State Governments Land Bank; Sharing appreciated value: Upon every transfer of land without development, 20 Percent of the appreciated land value shall be mandatorily