HYDERABAD: The state government’s land acquisition bill, which was introduced in the state legislative Assembly on Monday, proposes that farmers give their lands ‘willingly; and ‘voluntarily’ to state government. However, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) (Telangana Amendment) Bill, 2016, after it is passed by state legislature, may be reserved by the governor for consideration and assent of the President under Article 254(2) of the Constitution.
State vs Centre: key differences
STATE BILL
Chapter III A is introduced in the State Land Acquisition Bill, which says that provisions of Chapter II and Chapter III of the Central Act need not apply to certain projects vital to national security or defence, electrification and irrigation projects, housing for the poor, industrial corridors, infrastructure projects, and PPP projects.
RFCTLARR
ACT, 2013
Chapter II deals with “preliminary investigation for determination of social impact and public purpose” and “appraisal of social impact assessment report by an expert group”. Chapter III deals with “special provision to safeguard food security”.
POSSIBLE IMPACT
The state may not conduct SIA. No safeguards for food security.
STATE BILL
A new Chapter IV-A shall be inserted. It speaks about voluntary acquisition of land. Notwithstanding the RFCTLARR ACT, 2013 or any other law, whenever land is required for the government, it would enter into an agreement with the willing land owner to sell the land in favour of the state.
RFCTLARR
ACT, 2013
Chapter IV says that the land acquisition notification should be published in the Gazette and in two dailies, one in local language newspaper, and a notification displayed at panchayat. Grama sabhas to be conducted.
POSSIBLE IMPACT
Publication in dailies, holding gram sabhas can be done away with as the state can enter into an agreement with a willing land owner.
STATE BILL
The words, “a period specified for setting up of any project or for five years, whichever is later”, shall substitute the words, “a period of five years”, in Section 101 of the principal Act (RFCTLARR ACT, 2013).
RFCTLARR ACT, 2013
Section 101 says: When any land acquired under this Act remains unutilised for a period of five years from the date of taking over possession, the same shall be returned to the original owner by reversion in the manner as may be prescribed by the appropriate Government.
POSSIBLE IMPACT
State may not return the unutilised land after five years stating that the period for setting up the project is more than 5 years.
STATE BILL
The bill aims to ensure expeditious procurement of land by negotiating with the owners for finalisation of compensation
RFCTLARR ACT, 2013
The farmers will get fixed amount -double the market value in urban areas and so on.
POSSIBLE IMPACT
The farmers, if they fail to negotiate with officials, may not get good returns. Sometimes, they may
get more amount than the Central Act.