Amendments made in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Amendments made in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

  

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved certain amendments in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The Act came into effect from 01.01.2014 but it has been reported that many difficulties are being faced in its implementation.  In order to remove them, certain amendments have been made in the Act to further strengthen the provisions to protect the interests of the ‘affected families’.  In addition, procedural difficulties in the acquisition of lands required for important national projects required to be mitigated.

States, Ministries and stakeholders had been reporting many difficulties in the implementation of this Act.  Several suggestions came up in interactions with State Revenue Ministers and key implementing Ministries. Proposed amendments meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country.

Pro-farmer step: Excluded Acts brought under RFCTLARR Act for Compensation and R&R

The existing Act vide Section 105 (read with Schedule IV) has kept 13 most frequently used Acts for Land Acquisition for the Central Government Projects out of the purview. These acts are applicable for national highways, metro rail, atomic energy projects, electricity related other projects etc. Thus a large percentage of famers and affected families were denied  the compensation and R&R measures prescribed under the Act.

The present amendments bring all those exempted 13 Acts under the purview of this Act for the purpose of compensation as well as rehabilitation and resettlement. Therefore, the amendment benefits the farmers and the affected families.

Pro-development: Faster processing without compromising on compensation or R&R measures to farmers

The second important aspect of the amendment is to make developmental and security related works much faster without compromising on the benefits/compensation to be given to the farmers.

In the process of prolonged procedure for land acquisition, neither the farmer is able to get benefit nor is the project completed in time for the benefit of society at large.

Therefore the present changes allow a fast track process for defence and defence production, rural infrastructure including electrification, housing for poor including affordable housing, industrial corridors and infrastructure projects including projects taken up under Public Private Partnership mode where ownership of the land continues to be vested with the government.

These projects are essential for bringing in better economic opportunities for the people living in these areas and would also help in improving quality of life.

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Regularization of all unauthorized colonies

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today approved amendment to the existing guidelines that enables regularization of all unauthorized colonies that have come up till June 1, 2014 namely extension of cut-off date for regularization from March 31, 2002 to June 1, 2014.

This will provide the benefits accruing from regularization to a large number of people in unauthorised colonies that have come in existence between 31.03.2002 and 01.06.2014.

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Infusion of Rs. 60 crore in IFCI Ltd. to make it a Government Company

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today approved the infusion of RS. 60 crore in Industrial Finance Corporation of India (IFCI) Ltd. to make it a Government company by way of acquisition of preference shares from existing share holder(s).

Background

Industrial Finance Corporation of India was set up in 1948 as a Statutory Corporation under the Industrial Finance Corporation Act, 1948. The Act has since been repealed by the Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993 and IFCI Ltd was registered under the Companies Act, 1956 on 31.03.1993. The current shareholding of Government of India in IFCI after inclusion of the preference Share capital is 47.93 percent. Therefore, IFCI is not a Government Company under section 2(45) of the Companies Act, 2013. A contribution of Rs. 60 crore to the capital of the company would raise the shareholding of the Government to 51 percent.

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Proposals of Airports Authority of India (AAI) for leasing of land at various AAI airports to Indian Coast Guard (ICG)/Indian Navy

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today approved the leasing of Airports Authority of India`s (AAI) land to Indian Coast Guard (ICG)/Indian Navy (Ministry of Defence) at various airports as under:

i.              Leasing of land measuring 6200 Sqm. which includes 4800 Sqm. of land for 2 Hangars with apron and 1400 Sqm. of land for Link Taxi Track to the Hangar to ICG at Juhu Airport

ii.             Leasing of 5 acres of AAI land to Indian Coast Guard at Vizag Airport

iii.            Leasing of 0.9 acres of AAI land to Indian Coast Guard to facilitate them to construct taxi track at Tuticorin Airport.

iv.           Leasing of triangular piece of AAI land measuring 7326 Sqm. to Indian Coast Guard at Porbandar Airport.

v.            Leasing of 4.62 acres of AAI land to Indian Navy at Porbandar Airport.

Owing to the illegal/terrorist activities via/along the Indian Coast Line, the ICG is developing/establishing various facilities along the coastal line to keep a watch with a view to stop such activities. To facilitate ICG for establishing various facilities for surveillance of coast line, the said land at above airports is necessary to be transferred to ICG, as demanded by ICG.

Since the land is required for Defence purposes and is in national interest and also has not been falling in the near future Master Plan of the airport, it can be spared for allotment to ICG. The leasing of the requisite land at proposed airports will facilitate Indian Coast Guard/Indian Navy to establish various facilities for better surveillance of coast line. Further, it can accrue some revenue for unutilized land of AAI.

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