Sunday, April 27, 2014

THE LAND ACQUISITION ACT, 2013 –AN OVERVIEW

THE LAND ACQUISITION ACT, 2013 –AN OVERVIEW
By K P C Rao, LLB, FCMA, FCS.,
CMA (USA), FIPA (Australia)
Practicing Company Secretary
kpcrao.india@gmail.com
Background
Economic growth and job creation require efficient usage of land resources. It is important that a fair and transparent process for purchase and for acquisition of land is followed.
(1) For the purchase of land, a key concern is the authenticity of land titles.
(2) In the case of land acquisition, the key issues to be addressed are:
(a)    What are the end-uses for which public interests will trump private property rights, and justify acquisition of land from a person who is not willing to part with it?
(b)   What should be the process followed?
(c)    Since there is no market mechanism of discovery of prices in these cases, how should compensation be computed?
(d)   Is there a need to address non-land owners who may be displaced by the acquisition process?
(e)    Does the acquisition process get completed in a reasonable amount of time, and is there finality to the acquisition?
(f)    In sum, do both sides—the acquirer and the land owner—perceive the process to be fair?

Therefore, there is a need for the new Law at least on three counts viz; (1) to Address Public Concern; (2) to Replace Outdated Law and (3) the Need for Balance.
To addresses these issues Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The Land Acquisition Act, 2013) was passed on 29th  August 2013 in the Lok Sabha and on 4th  September 2013 in Rajya Sabha and  received the ascent of the President of India on 27th  September 2013. This Act would be notified by early next year after framing of rules.

Highlights of the Act
(a)    The Act provides for land acquisition as well as rehabilitation and resettlement.  It replaces the Land Acquisition Act, 1894.
(b)   The process for land acquisition involves a Social Impact Assessment survey, preliminary notification stating the intent for acquisition, a declaration of acquisition, and compensation to be given by a certain time.  All acquisitions require rehabilitation and resettlement to be provided to the people affected by the acquisition.
(c)    Compensation for the owners of the acquired land shall be four times the market value in case of rural areas and twice in case of urban areas.
(d)   In case of acquisition of land for use by private companies or public private partnerships, consent of 80 per cent of the displaced people will be required.  Purchase of large pieces of land by private companies will require provision of rehabilitation and resettlement.
(e)    The provisions of this Act shall not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.
Conclusion
The proposed law is an unhappy compromise between two extremes: letting all manner of landholders hold industry hostage and preventing the latter from trampling the property rights of small and marginalized landholders. As in most Indian compromises, this one too will lead to sub-optimal results.
Economic efficiency is enhanced only when competitive bidding for resources happens in a free market. This is far from the current setup in India, where the bureaucracy plays a huge role in resource allocation. The proposed legislation aims to improve economic efficiency and preserve the economic rights of landowners. But, given that neither is compatible with a system of resource allocation based on political interests, it is unlikely to deliver on both counts. What we need is the policies for the 21st century, not a throwback to Luddite notions of the 19th century.


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[Published in 'Circuit', monthly journal of ICAI, Hyderabad during  November, 2013]

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