In deference to the near unanimity amongst the political parties against forcible land acquisitions, the Centre is proposing to bring out a bill which was being considered by the Group of Ministers headed by Agriculture Minister Mr Sharad Pawar. The interest of farmers would be protected through a comprehensive legislation. There were many conversion of agricultural lands for being converted to SEZ. Governments were buying land from farmers at throw away prices and passing them on to the authorities for development, industrialization etc depending upon a Law enacted in 1894.
The Supreme Court in a case filed by an individual whose lands were acquired for public purpose by the State Government by invoking the Special Land Acqusition Act held that when fixing the compensation, the present market value plus the future potential value, the purpose for which the land was acquired and proposed to be used must be taken into account when arriving at the just compensation.
The Court held that today’s market value of the property but the value with reference to the better use to which it is reasonably capable of being put in the immediate or near future. The potentiality of the acquired land, in so far as it relates to the use to which it is reasonably capable of being put, must be given due consideration.
The location of the land that was being acquired, the futuristic developments that are in the pipe line, and the increase in the marketability of the property has to be assessed to arrive at a fair compensation value by prudent examination of the existing, potential and notional increase in value.
The State Government, Central Government, Public bodies acquire land for different purposes citing public purpose as the indent for their acquiring the land. If it is an agricultural land, the body vested with the power, provides NoC to convert the existing agricultural land into general land which can be used even for commercial purposes. The lands have been taken over to build dams, hydro electric power stations, setting up factories, building colleges, setting establishments of Central government, or state government including defence, public sector undertakings, setting up parks, recreation centres, for development of houses under various Schemes, etc. In India, we do not have a Rehabilitation and Resettlement Plan/Act by which displaced persons are given dwelling places on the same scale or model in which they lived prior to the acquisition. A settlement is disturbed, the persons are given dwelling places in four or five different areas, splitting them according to land availability, where there will be no infrastructure and facilities similar to the one enjoyed by the displaced.
In Karwar, when the naval establishment (for Defence purposes) proposed to acquire about 20,000 hectres of land along the sea coast, I did a costing taking into the calculation, the notional value of returns from coconut trees, jack fruits, and areca trees, the notional loss due to the tract of sea front lost for fishermen to fish, and consequent to the setting up of the naval base, an area will be declared as No entry Zone, which will restrict the movement of the traditional fishermen. In North Canara, the land was scarce, hence alternate land was difficult to be obtained. All this, should be factored in the Compensation. The Govt of India was kind enough to accept some of the arguments, and a proposal namely, Greater Karwar Development Authority was suggested. But in the absence of a uniform Rehabilitation policy, along with a Resettlement Act, it would not be possible for the evictees to get instant justice, but the case will drag on. The Government’s late thinking of bringing a law to curb poaching agricultural land and/or acquiring the agricultural land and permitting legal conversion, will go a long way to restrict frequent misue of the public purpose take-over of land. The Supreme Court’s direction has not come a day soon, as it will open up discussion on arriving at a just formula which could be arrived at for uniform implementation on a case to case basis depending upon parameters.
Especially when Right to property has been removed from the fundamental right even though the people who enacted the Constitution where part of the Constituent Assembly on the basis of land holding. The 116 year old Act needs overhaul. Government should Act now. Right now.
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