Amending the Land Acquisition Act 1894

By Sushil Kumar Chairman, Association of Historians (formerly Director Indian Council of Historical Research)

Out of all the pieces of legislation passed by the British rulers of

India the Land Acquisition Act of 1894 has been most foully used in independent India. The insensitivity towards the poor farmers and soldiers land owning rights stemmed from a vengeance towards the Soldiers and their parenting poor peasants as they had participated in the mutiny of 1857. The Indian ruling class whether comprising bureaucracy or countable clans of politicians has carried forward the British rulers despise towards Indian soldiers and the farmers. The amendments to the Land Acquisition Act, in independent India, surprisingly have been more for easing land acquisition rather for genuine infrastructural development, industrialization, or planned urbanization. The politicians coming to power collude with real estate sharks for kickback easy profits. Even though by definition "Land" means land
which is not urban land and is not occupied as the site of any building in a town or

trend of acquisitions in the vicinity of developed cities and that too within the municipal limits to reap rich
village but there has been

from harvest of money from the real estate sector who are asked to do planned development! The research reveals that the Land Acquisition Act of 1894 was brought in its final form to tacitly usurp the lands of the soldiers and their kith and kin who had raised the clarion call of Indias independence in 1857. The public purpose in the Acquisition Act could be justified when the British rulers were laying railway networks, digging canals for agriculture sector but in India after 1947 the purpose is public purpose is pelf at the cost of the hapless poor. What ever amendments have been carried out in the Land Acquisition Act 1894 have in no way been benefic. Our property rights, as it is, stand abrogated ever since 1984. After the 44th Constitutional amendment the Right to property is no longer a fundamental right in independent India. Even after more than a century of the Act of 1894 the power to acquire land still vests with the Collector who acts on the diktats of the political party in power. Prior to the intent of the State to acquire land all is kept under wraps. There isnt any care for the livelihoods of the forcibly displaced who are made to surrender . The determination of the amount of compensation is far too less than the market price on the date of final acquisition and one has to go to the Court to seek enhanced comensation. Initial notification followed by its publication in two local papers rather than main stream newspapers under sec. 4(1) is in itself flawed . When the initial notification issued by the state cannot reach the land owning soldier, serving in the remote borders of the country how the inquiry under section 5A of the Act is meaningful when the soldier has not even got a chance to file objections?

In reality most of the time the procedure regarding hearing of the objections is also dispensed under urgency clause emanating from section 17(4) of the Act. So the inquiry is dispensed with and even if it is not the report given by the Collector is on the lines as required by the politicians in power and then follows the declaration. The said declaration is considered to be the conclusive proof of the public purpose. Whether the declaration made under section 6 of the Act bears the signature of a Secretary rank officer or not it in no way can be said to be an indication of Public Purpose. In the prevailing scenario of Land acquisition under the Act there is no room for the voice of the common man , in no way of the disciplined soldiers serving or retired. There is no room for voice of the social leaders or of the political party which isnt in power. There are instances of the eagerness of the state to help the real estate sector for Land acquisitions made under public purpose. Such has been the will and perceptible motive in the Land Acquisitions that the Chief Minister himself has chaired the meetings organized by the Town Planning in the presence of the invited real estate players to make it easy for them to develop happy valleys under the heading meeting the demands of the real estate sector. The Haryana state , considered model has reportedly resorted to land acquisition in this manner in Islampur and Nangal Sodian in Pinjaur, Tehsil Kalka, Ambala. The serving and retired soldiers have been dispossessed and asked to claim paltry compensation which does not buy land even for a grave in the acquired land. A leading real estate Company soon announced Pinjaur Valley where land is sold at Rs 45000- 80000 per square yard. The state action, like anywhere else in the country has been without any qualm. As a matter of fact no one cares for soldiers and farmers in this Country. Gone are the days of Congress Jai Jwan, Jai Kisan. Its now

Jaaye Jwan , Jaaye Kisan. On the other hand there is hardly any instance when the Land of the rich and of the influential is acquired under the Land Acquisition Act. There is a crying need to care for the land owning rights of the farmers and soldiers of this country. Land acquisition even for infrastructure, urbanization or industrial development must take place in a manner that fully protects the interests of land-owning farmers and soldiers whose livelihoods and security after retirement depend on their pieces of land being acquired. Any amendment as being envisaged by the Government must be retrospective, at least from 1984 when the right to property was given a go by as the displaced and the deprived Soldiers and farmers need resettlement.