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Mamata Banerjee might have led a hostile movement forcing Tata Motors to relocate its Nano project from Singur; but if her government has its way on the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013, the farmers of Singur whose land was acquired by the erstwhile Left Front government, would be eligible for only half the compensation recommended by the Centre's land Act if the government has to acquire land for a project in the future.
According to the provisions of the Centre's land Act, the state government has to offer compensation at four times the market value in rural areas and twice the market value in urban areas in case of land acquisition. The 'market value' is to be determined based on sales and purchases made at sub-registrar offices. The state government has suggested a rider in offering compensation - land losers in rural area will be eligible for compensation at four times the market value only if the plot is at least 120 km away from urban areas, otherwise, it would be treated as urban land and compensation would be twice the market price.
This means in case of the land acquisition in Singur, which is about 45 km away from Kolkata, the land will be treated as urban land, drawing a compensation at twice the market price, according to the state government's latest suggestion as communicated to the Centre.
Consider this: the Left Front government in 2006 had offered Rs 9 lakh to Rs 12 lakh an acre to land owners for acquiring land for the Nano project. According to the Centre's new land Act, the same land will draw compensation of up to Rs 2 crore an acre, given the current market price is at Rs 50 lakh. However, if the West Bengal government's rider of 120 km distance is applied, the land will be treated as urban land and owners will be eligible for compensation up to Rs 1 crore. The same logic will apply in case of Nandigram, too, where Mamata Banerjee led an even more violent anti-land acquisition movement, as the place is about 50 km away from Haldia town.
West Bengal Law Minister Chandrima Bhattacharya had recently written to the Centre, expressing concern about the compensation packages to be offered to land losers as a reason for not implementing the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013. When asked about this, Bhattacharya told Business Standard, "I cannot share any details. I cannot comment why the state government is not implementing the Centre's Act."
An official close to the development argued, "Anyway, the state is in favour of 100 per cent consent of landowners. So, whatever the compensation, acquisition will take place only if the owners are satisfied with it."
Mamata Banerjee has, so far, has not spelt out much about the Centre's Act, apart from saying during the Lok Sabha campaign that she would scrap the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if the party were to share power at the Centre after the elections.
The Trinamool Congress had opposed the Bill in Parliament as well on the grounds that it was in favour of the consent of all people losing land for a project, instead of the proposed 80 and 70 per cent, respectively, for private and public-private partnership projects.
However, had that been the only concern, the state would have no problem in implementing the Act, as state governments are free to do this modification. However, the Centre's Act mandates states cannot lower the compensation prescribed in the Act, which seems to be the roadblock for the West Bengal government in implementing the Act.
SINGUR LAND ACQUISITION
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Rs 9-12 lakh per acre
Actual compensation in 2006
The land was acquired invoking the West Bengal Land (Requisition and Acquisition) Act, 1984. Compensation was decided by the state government -
About Rs 2 crore per acre
Estimated compensation now, according to the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation Act, 2013, four times the current market price -
About Rs 1 crore per acre
Estimated compensation now if West Bengal govt's rider is applied, twice the market price
