risks neglect of R&R

risks neglect of R&R. The proposed act is to come into effect retrospectivelyto include those projects where compensation has not been made under the existing actand where possession has not been taken Sandip Das explains * What previous laws govern acquisition What attempts to formulate a fresh law have been made In its earlier attempt to replace the 1894 Actthe UPA passed two separate bills the Land Acquisition (Amendment) Bill and the Resettlement and Rehabilitation Bill in February 2009after which both the bills lapsed following the Rajya Sabhas inability to pass them Howeverthe LARR law will not supersede 16 other Central laws for land acquisition Sections 97 and 98 of LARR say that it shall be in addition to and shall not apply to existing Central laws governing acquisition for specific sectors like miningSEZsetc * How does the draft impact state-level laws The bill allows all states to enact any related law or policyprovided they do not contradict or reduce the LARR bills entitlements Thus any state can offer higher compensationor make provisions for rehabilitation and resettlement which go beyond those provided for under the bill Additionallythe proportion in which states can acquire land for private parties has been left entirely to their discretion The only condition is that the land acquisition provisions of LARR 2011 will apply to that part of the land that is acquired by the state governmentand its R&R provisions will apply to all of the land already purchased by the private party as well as the remaining part of the land to be acquired by the state government * When would the new rules be triggered Both acquisition and R&R provisions will be triggered when the government acquires land for its own usehold and control This includes land acquired for projects developed by the private sector for stated public purpose? On Friday morning, Patel.

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