Thursday, August 5, 2021

Chandigarh, August 5- Haryana Cabinet which met under the Chairmanship of Haryana Chief Minister, Sh. Manohar Lal accorded approval for the framing of “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Bill, 2021”. In order to ensure that the existing infrastructural projects are completed and do not suffer and to protect public interest , it is proposed to amend the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 ( 30 of 2013).

In the past acquisitions, serious issues are being faced by Haryana in completing the existing essential infrastructure projects i.e.  projects vital to national security, rural infrastructure including electrification affordable housing and housing for poor people, industrial corridors set up by the State Government or its undertakings wherein the land may be acquired upto two kilometers on both sides of designated railway lines or  roads for such industrial corridor, infrastructure projects such as Health, Education and projects under public private partnership where the ownership of land continues to vest with the State Government and urban metro rail and rapid rail like projects.  Therefore, it has been deemed expedient to create a fine balance between goals of development and rights of the individuals.  Hence, to protect the overall public interest and to serve the deprived sections, it is proposed to amend certain provisions and insert certain sections/proviso in the Central Act of 2013 considering the state specific circumstances of the State of Haryana, while retaining the beneficial provisions of the Act of 2013. It is pertinent to mention here that the State carried out amendments in section 24 pertaining to land acquisition processes and lapsing thereof, section 46 0 correcting typographical error, inserting section 87 - A pertaining to offenses b Government officials and inserting section 101 - A pertaining to power to denotify land acquired under the Land Acquisition Act 1894 (Central Act 1 of 1894) due becoming unviable or non - essential, by Haryana Act No.21 of 2018.

In order to ensure that the existing infrastructural projects are completed and do not suffer and to protect public interest , it is proposed to amend the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 ( 30 of 2013). Further, to ensure growth and development of the State and considering larger public interest, it is expedient to amend section 2 and insert section 10 - A to exempt certain development projects etc, rural infrastructure, affordable housing, industrial corridors and health & education and urban metro rail  projects etc from the preview of chapter II & Ill of the Principal Act pertaining to conducting Social Impact Assessment Study and Food security respectively.  A new section 23 - A is proposed to be inserted in case there is an agreement in writing with the persons interested and making an award.  Besides this, it is proposed to insert section 31 - A pertaining to payment of lump sum amount, in lieu of rehabilitation and resettlement costs for projects linear in nature, with a lump sum amount of 50 percent of compensation determined to the affected family.  Further, to facilitate urgent acquisition of land in certain cases under section 40 of the Principal Act, it is proposed to substitute the words approval of parliament, with the words or to facilitate with the direction given by the State Legislature to the State Government.  The proposed legislation intends to simplify and speed up the acquisition of land in the larger public interest.  The amendments proposed are broadly in tune with the amendments carried out by the Gujarat State by Gujarat Act no. 12 of 2016.