This article is written by Geetika Chawla, a 4th Year student of Symbiosis Law School, Noida. 

In the golden words of the Great Abraham Lincoln the concept of Democracy is described as of the people, for the people and by the people. Thus, every change which had to be brought in a democratic country has to be made in consonance with this principle which makes the change in a fashion which is of the people’s opinion, for the people’s benefit and by the people’s consent.   India, being traditionally a Democratic country, has been following the conventional rules of a  welfare state which includes following the social contract theory [1]wherein the people of the state give away their freedom and in return the State provides with protection to their fellow citizens with the charter of Fundamental Rights and Duties. However, when it comes to applying those traditionally accepted conventions Indian regime has shown vivid means to achieve the contrary. A simple illustration can be seen in the working of Indian Government, by first making a contrary law and then putting it under the Ninth schedule[2] of the Indian Constitution which restricts the power to judicially question the same protected through  Article 31 A and 31 B of the Constitution. Another issue, is that most of the time, the law of the land has been misused by the ruling government and issue the opposition, benefiting at the cost of the people of the State. The phase of Land Acquisition Laws has been the result of such conflicts, victimizing the people of the state and defeating the concept of Democracy.

Background

The concept of Land Acquisition has been retrieved from the concept of the Eminent Domain[3] which empowers the State to take away the private property owned by the people of the State for development, industrialization and urbanization of the State. The essence of the Land laws has been drawn with the abolition of zamindari system[4] and then redistribution of land amongst the peasants with the fresh trend of industrialization and urbanization in the Indian regime. In this regard the most significant legislation is Land Acquisition Act, 1894, which had prescribed three basic principles for acquiring the land within the purview of this Act i.e., Public Purpose[5], procedure for such Acquisition[6] and Compensation[7] to be received by the displaced one’s. The most crucial aspect of this Act is validating any acquisition of the private property only on the condition if it’s made for the benefit of the people of the state. However, the term public purpose has always been a disputable issue dependent on the facts and circumstances of the case. Other than this, the major lacuna in the legislation was with respect to the term interested person  which did not include the one’s whose livelihood was dependent on that land, but did not have any entitlement to it like the people who for a part of Bata System or the Tenancy created over the land. Further, the 10^th Law Commission report had also criticized this legislation over the point-lack of public participation to make the legislation overriding the concept of democracy[8].

The continuous implementation of this Act worsened the conditions of the poor farmers and peasants which resulted in widespread public outrage calling for development of Land Acquisition, Rehabilitation and Resettlement Bill, 2011. Earlier, two other bills were introduced on similar lines in 2007, but were lapsed due to dissolution of 14^th Lok Sabha session. The 2011 Bill was introduced to rule out the mischief of the prior legislation which has been done by amending the meaning of public interest and further developing the principles of democracy by redefining the Compensation clause as Rehabilitation and Resettlement. This Amendment also brought in the concept of social impact assessment (SIA)[9] which is to analyze the other two principles i.e., compensation in the form Rehabilitation and Resettlement and the entire purpose of conducting acquisition. SIA also provided with the anticipation of loss and expenditure of a particular project to provide with a clear picture whether such a project shall be executed risking the lives of millions. Other major changes were that the Compensation and Consent Clause: compensation to the displaced people would be five times the market value in rural areas and twice in case of urban areas and the consent clause which provides that in case of public private partnership (PPP) and private companies the consent of 70 percent and 80 percent of the displaced ones will be required respectively. However, these provisions didn’t apply to 16 Special Acts like SEZ Act, 2005, Atomic Energy Act, 1962, etc.[10]

However, the political arrangement changed the entire outlook of these legislations when the need of that hour was to repeal the 1894 Act but it was only in September, 2013 with certain changes in the form of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement making it effective from the beginning of 2014[11]. Herein two other prominent changes had been seen wherein the most significant aspect of this legislation had been given to fair compensation to the displaced one’s by providing with such a right to seek for a fair and transparent method for compensation the victims by way of Rehabilitation and Resettlement. Also, transparency was seen in its complete sense where the public participation was encouraged at every level, especially in the expert committee of SIA, which provided due weightage to public opinion.[12] The 2013 Act repealed the 1894 Act, however provided with a different retrospective effect which upholds the application of 1894 Act wherein the land acquired and compensation is given as per 1894 Act. The only exception to this is when the acquisition has not been taken place in its true sense i.e.,  physical possession of the land has not been taken and compensation has not been received by the affected one’s and this has to be 5 years or more before the enactment of the Act, 2013.[13]

Impact of the Land Acquisition Bill, 2015

Now, with the change of Government, a new set of changes have been introduced to undo the effect of Act of 2013, through the enforcement of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014. This ordinance was introduced to[14] remove the consent cause of the people by 2013 Act from 5 major areas i.e., PPP projects, industrial projects, improvement of rural infrastructure and other relation to defense and national security. The government claims this ordinance to be a pro-farmer legislation with better compensation to the affected and displaced one’s and inclusion of 13 Special Acts[15] within the purview of this legislation. The changes introduced by this ordinance have now been taken up as the Land Acquisition Bill, 2015.  Another significant change in this is taking away the former step of analyzing and assessing the social impact by removing the SIA.

On 24^th February, 2015 an amendment over the current law had been introduced in the name of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015. This Bill has been introduced to revoke the prior Ordinance and to amend the 2013 Act. The major change brought in is the revocation of the consent clause which again allows the mischief of 1894 Act to prevail. This legislation has been quoted as Anti-Farmer Bill[16] by various opposition leaders which withdraws and takes away the right of consenting to the displacement and the compensation received by the affected and the displaced ones and encouraging public participation at every stage.

Present Position

The present position is that the Bill has been passed by the Lok Sabha[17] in March, 2015; however, the bill has been opposed by Congress. The result of this amendment has been such that now the plight of the farmers have been muted down but against this trend a petition has been filed by Bharatiya Kishan Union, Gram Sewa Samiti, Delhi Grameen Samaj and Chogama Vikas Avam, and others farmer related organization against this re-promulgated land ordinance in the Apex Court of the Country.[18]

Conclusion

A hype over this issue is created because of the social impact which is overrated by the demographics and culture of the Indian Country where, the land is not seen as a piece of property but greeted as Mother Land or Dharti Maa. This bond is shared among all the farmers and peasants which hold about 70 percent of India’s population. Further, the acquisition is not just a matter of displacement of a segment of population for development but it’s a matter of providing the citizens with the all means to development and not depriving them from mere means of survival. The impact of acquisition is not just over the social condition but the repercussions are seen over the entire social, environment, political and economic condition of the country. Therefore, the consent of people of the country is important as this would impact their present and future. With the implication of this new bill, the sorrow and plight of the peasants, farmers and other displaced ones is muted out which contradicts the entire concept of democracy.

[1] Social Contract Theory, Internet Encyclopedia of Philosophy, available at, < http://www.iep.utm.edu/soc-cont/ >, last accessed on 21^st April, 2015 at 9:00 pm.

[2] Article 31 B of the Indian Constitution, 1950

[3] A word on Eminent Domain, International Law Environmental Research Centre, available at , <http://www.ielrc.org/content/a0902.pdf,>,last accessed on 21^st April, 2015 at 9:00 pm

[4] Namita Wahi, Land Acquisition, development and the Constitution, available at, <http://india-seminar.com/2013/642/642_namita_wahi.htm>, last accessed on 21^st April, 2015 at 9:15 pm.

[5] As per Section 3(f) the Land Acquisition Act, 1894 the expression “public purpose” includes–

(i) the provision of village sites or, the expression,  planned development or improvement of existing village sites:

(ii) the provision of land for town or rural planning;

(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of government and subsequent disposal thereof in whole or in part by lease. assignment or outright sale with the object of securing further development as planned:

(iv) the provision of land for a corporation owned or controlled by the State;

(v) the provision of land for residential purposes 10 the poor or landless or to persons residing in areas affected by natural calamities. or to persons displaced or affected by reason of the implementation of any scheme undertaken by government. any local authority or a corporation owned or controlled by the Slate:

[6] As per Section Section4, 5A, 6 and 18 of the Land Acquisition  Act, 1894

[7] As per Section 23 and 24 of the Land Acquisition Act, 1894

[8] Supra note 4

[9] As per Section 7(3) and 38 of Land Acquisition, Rehabilitation and Resettlement Bill of 2011.

[10] The Land Acquisition, Rehabilitation and Resettlement Bill, 2011, PRS Legislative Research, available on, <http://www.prsindia.org/billtrack/the-land-acquisition-rehabilitation-and-resettlement-bill-2011-1978/>, last accessed on 21st April, 2015 at 10:00pm

[11] Land Acquisition Bill to be notified early next year, says Jairam Ramesh, IBN Live, available at, <http://ibnlive.in.com/news/land-acquisition-bill-to-be-notified-early-next-year-says-jairam-ramesh/422184-3-239.html>, last accessed on 21st April, 2015  at 10:15 pm

[12] All you wanted to know about new land acquisition Bill, Livemint, available at, <http://www.livemint.com/Politics/FXZ9CrJApxRowyzLd8mb2O/All-you-wanted-to-know-about-new-land-acquisition-Bill.html>, last accessed on 21st April, 2015 at 10:30 pm.

[13] Bill Summary, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015, PRS Legislative Research, available at, <http://www.prsindia.org/uploads/media/Land%20and%20R%20and%20R/Bill%20Summary%20-%20LARR%20Bill%202015.pdf>, last acessed on 21st April, 2015 at 11:00pm

[14] Cabinet approves ordinance on amendments to Land Acquisition Act, The Economic Times, available at, <http://articles.economictimes.indiatimes.com/2014-12-29/news/57495164_1_land-acquisition-act-resettlement-act-consent-clause>, last accessed on 21st April, 2015 at 10:45 pm.

[15]  These 13 Legislation includes: Coal Bearing Areas Acquisition and Development Act 1957, the National Highways Act 1956, Land Acquisition (Mines) Act 1885, Atomic Energy Act 1962, the Indian Tramways Act 1886, the Railways Act 1989, the Ancient Monuments and Archaeological Sites and Remains Act 1958, the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act 1962 and the Damodar Valley Corporation Act 1948, the Electricity Act 2003, Requisitioning and Acquisition of Immovable Property Act 1952, the Resettlement of Displaced Persons (Land Acquisition) Act 1948 and the Metro Railways (Construction of Works) Act 1978.

[16] ‘Land acquisition bill anti-farmer’, The Times of India, available at, <http://timesofindia.indiatimes.com/city/patna/Land-acquisition-bill-anti-farmer/articleshow/46808414.cms>, last acessed on 21st April, 2015 at 11:25pm

[17] Land bill passed in Lok Sabha, The Hindu, available at, <http://www.thehindu.com/news/national/lok-sabha-takes-up-debate-on-land-bill/article6978072.ece>, last acessed on 21st April, 2015 at 11:45pm.

[18] SC to hear plea against re-promulgated land ordinance today, The Hindustan Times, available at, <http://www.hindustantimes.com/india-news/sc-to-hear-plea-against-re-promulgated-land-ordinance-today/article1-1336612.aspx>, last acessed on 22nd April, 2015 at 12:00Am.