Maharashtra govt pleads for exemption from LARR Act for land acquisition

Says state govt's MID Act offers better, quicker compensation to land owners

The Bharatiya Janata Party (BJP)-led alliance government in Maharashtra has appealed to the Centre to exempt the Maharashtra Industrial Development Act (MID Act) from the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LAAR) Act, 2013 or recommend fresh presidential assent for the same as it falls under Entry 42 of the Constitution of India.

Chief Minister Devendra Fadnavis, in a letter to Union Rural Development Minister Chaudhari Birender Singh, has argued that such an exemption is necessary to enable the state government to continue land acquisition without affecting land owners and project-affected persons (PAPs).

‘’Exemption of Maharashtra Industrial Development Act is specifically necessary to give a fillip up to industrialisation in the state so that Make In India launched by the Prime Minister becomes a success. Land is the basic resource, which the industry needs and we need to be able to provide it in a reasonable time,’’ wrote Fadnavis.

He argued that MID Act, which is in force since March 1, 1962, is instrumental for orderly establishment of industries in the state. The chief minister said the land acquisition Act, 1894 was in existence when the MID Act, 1961 was enacted and both the Acts coexisted independently.

Fadnavis said MID Act is guided by the land acquisition Act only for the determination of compensation where there is no agreement reached. ‘’Lands acquired under MID Act are barren and wastelands. Lands under perennial irrigation and gaothan areas are avoided as far as possible,’’ he noted.

Further, the chief minister said under the MID Act, the market value of the land is considered while determining the compensation and it is determined by the agreement between the state government and the persons to be compensated. Mostly lands are acquired by obtaining consent.

According to Fadnavis, a better compensation, rehabilitation and resettlement is made available by the state government to landowners and PAPs ensure that acquisition under MID Act is a positive option.

He said the acquisition and disbursement of compensation  is quicker under MID Act.

The Maharashtra Industrial Development Corporation (MIDC), which is a nodal agency to promote industrialisation, has already set up more than 280 industrial estates across the state and it is currently involved in the development of the Delhi Mumbai Industrial Corridor project. Fadnavis said the state government has already acquired land for DMIC project and will continue to do so in future too. MIDC has a land bank of over 80,000 hectares.