UPA's land Act benefits to be extended to 13 enactments

Move to re-promulgate land ordinance unlikely

The Centre is set to issue an order to extend the compensation, rehabilitation and resettlement benefits under the land Act, 2013, implemented under the United Progressive Alliance (UPA) government, to all acquisitions under 13 central enactments, including the National Highways Act, 1956, the Railways Act, 1989 and the Electricity Act 2003.

This could also mean the end of the road for the controversial ordinance issued by the National Democratic Alliance (NDA) government in December 2014 to amend the 2013 land Act, which many alleged diluted the social impact assessment and consent clauses for a few sectors.

In case no such order is issued, those whose land has been acquired under the 13 central enactments since 2013 would have been deprived of the higher compensation given by the land Act of 2013, compared to an earlier law. The 2013 Act offered compensation of four times the market value in rural regions and twice the amount in urban areas.

"It was felt in the interest of families affected by land acquisition under the enactments specified in the Fourth Schedule, the provisions relating to compensation, rehabilitation and resettlement prescribed in this Act be made applicable," said an official statement issued on Friday night.

Amendments proposed to the 2013 Act through the ordinance had led to substantial political furore. The amendments cleared the Lok Sabha, but were referred to a joint parliamentary committee, after the government failed to muster enough support for these in the Upper House. The joint committee hasn't given its recommendations yet.

The proposal to extend the compensation, rehabilitation and resettlement benefits under the 2013 Act to 13 central enactments means benefits such as compensation and rehabilitation and resettlement apply not only to land losers, but also to those losing livelihood under the 13 central Acts.

The land Act, 2013, required the consent of 80 per cent of land owners for private projects and 70 per cent for public private partnership (PPP) projects. The NDA Bill exempted five categories from this provision - defence, rural infrastructure, affordable housing, industrial corridors, and infrastructure projects, including PPP projects in which the Centre owned the land.
TURN OF EVENTS

• Dec 31, 2014: The Centre issues ordinance to amend UPA's land acquisition Act
   
• Apr 3, 2015: Ordinance is re-promulgated, as the Centre fails to secure a consensus on the proposed changes
   
• May 30, 2015: Ordinance is re-promulgated again
   
• August 31, 2015: The ordinance is set to lapse