Proposed Land Acquisition, Rehabilitation And Resettlement Bill, 2011: Our Views (Part-III)

We are going to discuss the pertinent paragraphs and the sections of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011and analyze its impact on the denizens of Jharkhand.

VII. NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

43. (1) The Central Government shall constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act.

(2) The Committee may, besides having representation of the concerned Ministries and Departments of the Central and State Governments, associate with it eminent experts from the relevant fields.

(3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed.

(4) The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning.

44. The States and Union territories shall provide all the relevant information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely manner, and also as and when required.

Our Remarks:

In the 21st Century, it would be good idea to have the National Level Committee and State Level Committee or Commissioner should cut prevalent red-tape and instead have shared databases.

VIII. ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY

45. (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as “The Land Acquisition, Rehabilitation and Resettlement Authority” to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

Our Remarks:

While addressing the disputes, the provisions for conferring punishments on guilty must be made to discourage such lapses, as such slippage in R & R should not go unpunished by the Authority.

Determination of award by Authority.

63. (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Authority shall take into consideration—

  • firstly, the market value as determined under section 26 and the Award amount in accordance with the 1st and 2nd Schedules;
  • secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector’s taking possession thereof;
  • thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land;
  • fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
  • fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;
  • sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector’s taking possession of the land; and
  • seventhly, any other ground which may be in the interest of equity, justice and beneficial to the affected families.

(2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of 12% per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

Explanation— In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.

(3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of 100% over the total compensation amount.

Our Remarks:At the first instance the provisions on the compensation to be paid seem reasonable.
Payment of compensation or deposit of same in Authority.
71. (1) On making an award under section 29, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by some one or more of the contingencies mentioned in sub-section (2).(2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 58 would be submitted:

  • Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
  • Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 58:
  • Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
XIII. MISCELLANEOUS
Repeal and Saving
107. (1) The Land Acquisition Act, 1894 is hereby repealed.(2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or effect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repals.
Our Remarks:Thanks goodness for repealing the 1894 Act, a colonial legacy.

We think that the elaborate provisions of the Bills are fully justified from the point of view of the displaced families although the implementation of its provisions in Jharkhand is going to be a real challenge for the Government Authorities in the present day social-political-&-economic environment.

As we have seen in the past so many land-acquisitions undertaken across Jharkhand, the ‘honest-intent’, the ‘honest-desire’ and ‘honest-action’ to undertake R & R of the displaced families by the concerned people (both Government and Private Constituents) were / are conspicuously missing.

Maoists' graffiti on a village-house in Jharkhand
Maoists’ graffiti on a village-house in Jharkhand

In fact the present day threat of armed Maoism has its roots firmly planted in the Land Acquisition by the Authorities and the subsequent bungling in the Rehabilitation and Resettlement (R & R) of the displaced people. If the said Bill honestly and sincerely carries out what it has clearly defined in its provisions, then the threats of armed Maoism can be contained in many districts of Jharkhand including the long-forgotten rural areas of Jharkhand.

So to end, we can say that the proposed Land Acquisition, Rehabilitation and Resettlement Bill, 2011 is certainly a step in right direction for adopting more humane approach towards the displaced families, who are forced to give up their assets and get lost in the oblivion.

Team Focus

Team Focus

We are bunch of commoners and our bloggers' e-magazine focuses on the AlterNative Voices from Jharkhand, India.
Team Focus
Team Focus

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We are bunch of commoners and our bloggers' e-magazine focuses on the AlterNative Voices from Jharkhand, India.

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