The Union Ministry of Rural Development released draft rules to
implement the Land Acquisition Act with a focus on consent and social
impact assessment to ensure that the rights of the farmers are protected
when the land is acquired.
The Ministry has put out the draft rules in public domain and asked for comments from all stakeholders. Comments should be submitted to the Rural Development Ministry in 45 days. According to the rules, all social impact assessment documents and consent proceedings are made publicly available and all requests for information are fulfilled within seven days.
It says consent should be taken in the pre-notification period, along with the social impact assessment study to be carried out under the Act.
“The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” stipulates mandatory consent of at least 70 per cent for acquiring land for Public Private Partnership (PPP) projects and 80 per cent for acquiring land for private companies.
The draft rules say that for large projects where acquisition is spread across multiple locations, consent must be sought in all the affected areas at the same time.
“For Public Private Partnership projects and projects by a private company in Schedule V areas, Gram Sabha consent must be sought prior to land owners consent,” it says.
In case land owners or gram sabhas seek further information and clarifications on the terms and conditions of compensation and rehabilitation and resettlement after the public hearings, these must be immediately addressed and the required information provided within seven days by the designated district officials, the draft says.
On the retrospective operation of the Act, the draft rules say that the new law will apply in case of a dispute pending for a period that equals to or exceeds five years over release of land under the old Land Acquisition Act 1894.
The Ministry has put out the draft rules in public domain and asked for comments from all stakeholders. Comments should be submitted to the Rural Development Ministry in 45 days. According to the rules, all social impact assessment documents and consent proceedings are made publicly available and all requests for information are fulfilled within seven days.
It says consent should be taken in the pre-notification period, along with the social impact assessment study to be carried out under the Act.
“The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” stipulates mandatory consent of at least 70 per cent for acquiring land for Public Private Partnership (PPP) projects and 80 per cent for acquiring land for private companies.
The draft rules say that for large projects where acquisition is spread across multiple locations, consent must be sought in all the affected areas at the same time.
“For Public Private Partnership projects and projects by a private company in Schedule V areas, Gram Sabha consent must be sought prior to land owners consent,” it says.
In case land owners or gram sabhas seek further information and clarifications on the terms and conditions of compensation and rehabilitation and resettlement after the public hearings, these must be immediately addressed and the required information provided within seven days by the designated district officials, the draft says.
On the retrospective operation of the Act, the draft rules say that the new law will apply in case of a dispute pending for a period that equals to or exceeds five years over release of land under the old Land Acquisition Act 1894.
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