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Soz's statement hailed, will Omar Abdullah respond positively?
Implementation of new Land Acquisition Act in JK
9/23/2013 11:57:17 PM
Early Times Report
SRINAGAR, Sept 23: The statement of Prof Saifudin Soz about Implementation of new Land Acquisition Act has been hailed by the cross section of society in the state. The J&K Pradesh Congress Committee (PCC) President, Prof. Saif-ud-din Soz said on Sunday said that new Land Acquisition Act should be introduced in the state so that benefits of legislation reach the people of Jammu & Kashmir. Will Omar Abdullah agree upon this issue? Will this bill be introduced in the upcoming autumn session of state legislature? These are the two important things on which National Conference has to work upon. Now the ball lies in NC's court . But the majority of people especially farmers have hailed the statement of Prof Soz over the land acquisition issue .
"We congratulate Prof Saifudin Soz for showing his postiveness about implementation of new land acquisition in J&K state , we now hope that Chief Minister must respond to his statement in a positive was so that common people are benefitted by this law " said S S Bali General Secretary Zamindaran Committee Karewa Damodar Budgam
Another member of the committee Ghulam Mohiudin Rather from Kralpora Budgam said that Congress already enacted this law at national level which would enable rural people to get four times more compensation for their acquired land and if NC creates hurdles in implementing this law then what kind of Public Service this party is going to do for people ?
Pertinent to mention that new land acquisition bill would help millions of farmers across the country whose land is being acquired by the Government or other multi national companies but the people of J&K state in general and farmers in particular would not be benefitted by this law unless the state Government takes steps to get this law extended into the state or enacts a similar law .
According to the provisions of this law people living in urban areas would get double compensation of their property and land which is going to be acquired by the Government or any other company and similarly in the rural areas people would get four times more compensation for their acquired land . This law would have retrospective effect from September 2011, which means all those people would be benefitted whose land and property has been acquired from September 2011 onwards till date or would be acquired in future .
The political commentators say that as the Omar Abdullah lead Government is creating hindrances in the implementation of 73rd and 74th amendments will he be sincere towards implementing the new land bill in J&K ? What immediate steps will the NC - Congress coalition Government take to get this law extended into J&K or would the Government bring a similar legislation in the upcoming session of the state legislature which will start after some days in Srinagar.
Purpose of the Bill:
The Land Acquisition Rehabilitation and Resettlement bill of 2011 (LARR bill 2011) seeks to repeal and replace India's Land Acquisition Act, 1894. The Bill seeks to enact a law that will apply when:
l Government acquires land for its own use, hold and control.
l Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects.
l Government acquires land for immediate and declared use by private companies for public purpose.
LARR Bill 2011 aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in India.
The scope of LARR 2011 includes all land acquisition whether it is done by the central government of India, or any state government of India, except the state of Jammu & Kashmir.
What is Public purpose?
Clauses 2 and 3 of LARR Bill 2011 define the following as public purpose for land acquisition within India:
l Acquisition of land for purposes relating to the armed forces of India, national security or defence, police, safety of the people;
l Acquisition of land for railways, highways, ports, power and irrigation purposes for use by government or by government controlled corporations (also known as public sector companies);
l Acquisition of land for planned development or improvement of village or urban sites or for residential purpose to weaker sections of society in rural or urban areas;
l Acquisition of land for government administered educational, agricultural, health and research schemes or institutions;
l Acquisition of land for persons residing in areas affected by natural calamities;
l Acquisition of land for resettlement of affected people for any of the above government projects;
l Acquisition of land by the government for public-private-partnership projects for the production of public goods or the provision of public services;
l Acquisition of land for private companies for the production of public goods or provision of public services
Compensation paid under new Law:
l At least four times the market value for land acquired in rural areas;
l At least two times the market value for land acquired in urban areas
In addition to above compensation, the draft LARR 2011 bill proposes a wide range of rehabilitation and resettlement entitlements to land owners and livelihood losers from the land acquirer.
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