After the standoff over setting up of the National Counter-Terrorism Centre (NCTC), the Land Acquisit-ion and Rehabilitation and Resettlement (LARR) Bill, 2011 appears headed for Centre-state confrontations too, as a number of states have voiced strong objections, claiming that the legislation is an “assault” on federal system. The parliamentary standing committee headed by Sumitra Mahajan, that tabled its report on the bill on Thursday in Parliament, has recommended that states should legislate on R&R (rehabilitation and resettlement) provision and not the Centre.
The standing committee, in its report, has also advocated that the state should have no role in acquisition of land for profit purposes. It has also sought that there “should be no land acquisition in scheduled areas (tribal)”. Following recommendations of the National Advisory Council, the ministry of rural development headed by Mr Jairam Ramesh had drafted the LARR Bill, 2011 by clubbing aspects of land acquisition and rehabilitation and resettlement, while his predecessors had favoured two separate bills.
The Madhya Pradesh government, in its written note, told the standing committee that “it would like to put on record its strong reservation about the purported assault on the federal principle by this bill”. While the bill makes the R&R clause applicable to acquisition or purchase of 100 acres in rural and 50 acres in urban areas, the state government has stated “the private companies may develop many smaller size projects in a row to flout the norms”. The Himachal Pradesh government has also stated “it should not end up in imposing fetters that compromise state autonomy or harm our federal structure”.
Even the Congress-NCP- ruled Maharashtra has objected to the R&R clause, stating “it should not be applied unless somebody’s house, living or livelihood is acquired”, while adding “imposing R&R provision is beyond the scope of the bill if transaction is carried through negotiation without involving the government”. In another recommendation, that can make the exercise of land acquisition more difficult, the committee has said that the gram sabha should not only be consulted but their consent by majority should be obtained in the presence of neutral person.