Land acquisition in Haryana is set to become a smoother process for development projects, particularly those involving public-private partnerships (PPPs), thanks to the recent legislative changes. The Haryana Assembly has passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment), Bill, 2021. This bill amends the Central Land Acquisition Act of 2013, which had stringent requirements for acquiring land, including a Social Impact Assessment and obtaining consent from landowners.
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Exemption from Social Impact Assessment
One of the key features of the new amendment is the exemption it provides for public-private partnership projects from conducting a Social Impact Assessment (SIA). Previously, under the Central Land Acquisition Act of 2013, an SIA was mandatory for all large-scale land acquisitions to evaluate the effects on affected families and to ensure that the proposed land acquisition served a public purpose. By removing this requirement, the Haryana government aims to expedite the land acquisition process for development projects, potentially reducing delays and costs associated with the assessment.
No Need for Landowner Consent
Another significant change brought about by the amendment is the elimination of the need for landowner consent for PPP projects. Under the 2013 Act, consent from 70% to 80% of landowners was necessary for acquiring land for public sector and PPP projects, respectively. The new bill does away with this stipulation, thereby allowing the government to acquire land without the explicit approval of the majority of landowners. This move is intended to further streamline the land acquisition process, although it has raised concerns regarding the rights and interests of the landowners.
Immediate Evacuation without Prior Notice
The amendment bill also introduces the provision for immediate evacuation of buildings that are subject to acquisition, without the need to provide a 48-hour notice. The previous law required authorities to give prior notice to residents before evacuating them from their properties. The removal of this notice period is designed to speed up the possession of land required for urgent development projects, but it may also lead to disputes if the occupants feel they have been given insufficient time to vacate.
Removal of Compensation Provisions
Additionally, the new legislation removes the provision that mandated the grant of land plots or monetary compensation to people who are evicted due to land acquisition. The earlier act ensured that displaced individuals received either alternative land or financial compensation to mitigate the impact of displacement. With this provision being scrapped, there are worries about how evicted people will be supported, as they may no longer be entitled to compensation that would help them relocate or rebuild their lives elsewhere.
Implications for Development and Landowners
The Haryana government’s rationale behind these amendments is to facilitate quicker development by simplifying the land acquisition procedure. By reducing the regulatory hurdles, the state expects to attract more investment and fast-track infrastructure and other development projects. However, the changes have sparked a debate over the balance between development needs and the rights of landowners and residents. Critics argue that the amendments could undermine the safeguards against potential exploitation of landowners and might lead to inadequate rehabilitation of those displaced by land acquisition.
In conclusion, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment), Bill, 2021 represents a shift towards more state-controlled land acquisition processes in Haryana. While it may accelerate development projects and benefit the economy, the social implications and the impact on landowners’ rights remain contentious issues that will likely continue to be the subject of public and political discourse.