80% consent must if land acquired for private purposes

GoM chairman Sharad Pawar and rural development minister Jairam Ramesh met today briefly to finalise the key aspects of the bill

BS Reporter / New Delhi Oct 29, 2012, 21:57 IST

Acquisition of land for private purposes would require consent of 80 per cent of the land owners as per the land bill that was finalised today by the group of ministers.

GoM chairman Sharad Pawar and rural development minister Jairam Ramesh met today briefly to finalise the key aspects of the bill on which some differences remained.

There were differences in the GoM regarding the number of people whose consent was required foe acquisition of land.

While 80 per cent must agree before land is acquired for private purposes, no consent is required for acquiring land for public purposes even for private parties, Pawar said today.

But in both cases of public and private purpose, provisions of relief and rehabilitation would apply as per the bill.

The bill is to be circulated among members of the GoM for a week and subsequently it would be placed before the Cabinet.

Many contentious issues have been left for states to decide.

If a state acquires land and decides to lease it out to private sector, would consent of the land owners be needed? This is a matter that the bill leaves to the states.

Again if land is acquired in excess of need would the surplus land go back to the original owners? The bill does not take a view on it and leaves it to legal opinion. According to Pawar, Supreme Court says that it should be auctioned. “We will find out if it is applicable to this bill,” he said.

Asked whether the Delhi Mumbai Corridor and the Yamuna Expressway would require consent of land losers, Pawar said it would not be needed but the townships would need consent. However, he said projects like housing may get counted as public purpose

Again in the case of mammoth manufacturing zones planned in the country, pawar said that where it was land for private companies and private purpose consent would be taken from land owners.

The bill may have retrospective effect depending on the wish of the respective states where it is enforced, Pawar said.

The bill would come into effect on the day it is notified. But for projects which have not completed payments the r and r provisions of the new law will apply provided the state desires so. States are being consulted on this, Pawar said.

Land bill highlights
When govt acquires land for a private purpose
Consent of 80 per cent land owners needed
No consent needed if land for public purpose
No retrospective effect unless states want

(Source: http://business-standard.com/india/news/80-consent-must-if-land-acquired-for-private-purposes/193459/on)