Adequate changes needed in existing Land Acquisition Act

AMENDINGTHEexisting Land Acquisition Act of 1894 binds us to a format that limits our ideas. Think anew. Remember the basic premise that land is required for infrastructure development and NOT for agriculture. The Haryana model touted by some only pays on the basis of agricultural production and is faulty. Market Price has to be for intended use and is the crucial issue. Consider This:- The word compensation must go, one is NOT being compensated for a loss. Compensation amounts to discretionary bakshish. Not real cost. Land can be acquired /purchased for any purpose by paying the true market value. Presently the Country is openly cheated as state get only 30% of entitled stamp duty on sale of land as it is undervalued by 70% in the sale deeds which is paid in black (cash)! Face this one fact and you will largely eliminate corruption, black money transactionsand the countrys problems due to dishonest politicians, babusand judges. 70:30 formula by politicians to use their black hoard. Circle rates MUST include this black factor and inflation and revised six monthly as value of land is dynamic. Local authority can take 10 % of land as mujrai, only once, free of cost as is done during consolidation proceedings of Revenue land to cater for internal roads, basic/primary schools, PS, POs and exchanges. All subsidized allotments of land must go. Even schools, colleges and hospitals are fully commercial set-ups making huge profits from cheap land acquired at the cost of the farmer.POINTS FOR PROPOSED LAND PURCHASE/LEASE ACT 2010The New LAND PURCHASE/LEASE ACT must state:Land can be purchased by any Govt. ONLY for: Defense. Power. Nuclear establishments. Industrial Areas. Dams. Irrigation facilities. Highways. Railways. Space research & Establishments. Any other purp! ose of N ational importance only as specified in the Act or Rules and notified in the Gazette after approval by the Lok Sabha and ascertaining the view of the affected people.I. The purchase to be approved by the specified authority according to the delegated financial powers (to be stated in the Act) only after the complete plan for the project is prepared ensuring optimum use of land and so certified by a group of experts in the field/project for which land is to be purchased. The plan must include the details of the land including Khasra Nos and Revenue Maps (Aks Sijhra) duly certified by the local revenue officials. Fertile, irrigated land or orchards, plantations and land yielding two crops are NOT to be included in the project unless absolutely necessary. Detailed reasons for inclusion of such land to be given. However, projects may include 30% land for future expansion.II. Intention to purchase the land must be notified in the print media, including vernacular, with full details, as well as to the owners of the property, as recorded in the Revenue records, through registered post at the time of approval of the project.III. The notification (at III above) must state the rate at which land will be purchased being the current market price (Circle Rate) plus 10 % p.a. as inflation factor for 60 years (being the expected life span). (To be increased along with increase in hike of dearness allowance to Govt. servants.)IV. Circle Rates to be calculated on the basis of latest auction rates of land or through private deals plus 70% as the cash (black) factor, whichever is greater. Circle Rates to be revised every six months as on 1st Jan and 1st Jul. Circle rates to be published every six months and objections if any invited within 30 days.V. Owners to file objections within 30 days of publication/issue of notice stating the objection to the price and location of the project and giving their offer/objection with detailed reasoning.V! I. Owner s offer to be negotiated by a team of experts; negotiation proceedings to be video-taped, and finalized within 15 days.VII. Purchase/transfer deed executed within next 30 days, land demarcated, possession taken and payment made to the owner and the acquisition/transfer promulgated through the print media.VIII. Project to be completed within the period specified in the project report (not more than five years).IX. Owner to have option to buy back the land at the prevailing market rate if project not started in the specified period.X. Government will NOT purchase land/property whatsoever for any private entity or developer for any project other than those mentioned in I above.XI. The concerned authority may also take on lease any land or structure for a period not exceeding 5 years at a time at rates to be decided by the local authority on the basis of the cost of similar land/structure. The rent should give 12 % net return to the owner estimated on the certified details to be provided by the owner of the property and duly verified by local/Revenue authority.Points for RulesGovernment Land PoolIt is recommended that a register of all Govt. owned properties be maintained at each District HQ. Such land/properties be called Government Land Pool that may be further divided into Defense Land Pool, Central Land Pool, State Land Pool etc for proper management and accounting, and notified in the Gazette immediately. No Govt. should have any power to sell, dispose of or transfer any land/property from Government Land Pool to a private party. (Similar to non-transfer of Wakf Properties as notified in the Central/State Wakf Acts).For any project the use of land in the Govt. Land Pool (GLP) should be considered first; the project report must include a certificate that availability/use of GLP has been considered. This is to facilitate ascertaining the actual requirement of land for the int! ended pr oject. All effort should be made to exchange such land with affected owners plus a cash settlement on the basis of 25 % value of the land intended to be taken over in exchange for the land from Government Land Pool to have a consolidated area for the project.No Govt. department or ministry should be allowed to use any such land for commercial purposes. Surplus land, i.e. acquired over and above the actual requirement must be surrendered back to the original owners within 5 years.To decongest the metros and growing cities/towns all Government offices should be located on the outer periphery of the city/town but well connected by transport. These should be multi storied with adequate parking for the next 10 years perspective.There should be minimum discretionary power to administrative authorities in purchase, exchange or transfer of land. All deals must be transparent and progress reported in the media on day to day basis.Note : Language of the Act and Rules should be simple. Kindly remember that we may be dealing with poor tribals & villagers many of whom are illiterate.