“Land acquisition, a problem to land market & its probable solution under government concern”
Dr. VSIPS, Kanpur
In the current framework of land acquisition in India, regulations on land and the functioning of land markets, number of activities has done by human beings, on day to day basis, like Construction of residential and office buildings, construction of physical infrastructure like roads, highways, bridges, etc. as well as creation of social infrastructures like schools, hospitals, etc. causes severe damages to the environment as a whole, particularly to the country's land resource base. Setting up huge industrial projects, dams, factories, refineries, etc., more and more land is being used. Some of other activities like cutting of trees (deforestation) for space, destruction of water bodies, etc. which in turn causes soil erosion and land degradation. Thus, it is right to say that in the phase of globalization and urbanization, available land resources are misused by not fully utilizing them and as a result, causing scarcity of productive land. This paper is an attempt to understand the actual problem and government steps towards proper implementation of Acts and Rules relating to land acquisition as well as difficulty in approaching the concerned Department / Ministry/ Organization at the right time. It becomes difficult to acquire required land because of population density and the type of land use in the country. Thus, it is a big challenge for Government, both Central and State, to generate greater access of land to the people at large, including landless rural poor and foreign investors/ non-resident Indians.
KEY FACTORS: Land Acquisition, Land Acquisition Act, Rehabilitation, TP schemes, TDRs.
“Land Acquisition” literally means acquiring of land for some public purpose by government/government agency, as authorized by the law, from the individual landowner(s) after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to surrendering of his/their land to the concerned government agency. Land Acquisition in India refers to a situation where the poor or low wage earners (characterized as farmers), own land allocated for industrial construction and these farmers are not adequately compensated. As the economy approaches the industrial stream from the agrarian with more factories and industries, the poor peasants often are made to sacrifice their land. This is consequences of an old bill, the Land Acquisition Act, 1894 where prices per-acre of land has been fairly low. Further, the political parties in India have widely dominated the influence and control over the acquisition process in India. It has occurred in India since the era of Independence, with over 21.6 million people in the period of 1951-90. They have been displaced with heavy scale projects like dams, canals, thermal plants, sanctuaries, industries and mining. These occurrences are further being categorized as ‘development-related displacement’. It is an interesting study about few villages and their households, enquiring about the value of land received and its utilization, their changing occupation and income and their overall socio-economic and living conditions. This would guide us how to control the agricultural land brought to non-agricultural uses and how to plan the rehabilitation of agricultural farmers and their families before the city encroaches in an unplanned manner. This paper is an attempt to understand the problems of land acquisition correctly and in a way that leads to its solution through suitable change in the law and policy.
GENERAL PROBLEMS WITH REGARD TO LAND MARKETS:
Land acquisition more than any other factor, is the most important constraint on development and especially in infrastructure development. Uncertainties, risks, delays related to land acquisition,...