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Author: Gift City

The demand for land reforms recently reached fever pitch in October 2012, when the Ministry of Rural Development MoRD entered into a 10-point agreement on land reforms with members of Jan Satyagraha, a non-violent march organized by Ekta Parishad. MoRD had inter-alia agreed to initiate a dialogue with States for establishing Fast Track Land Tribunals and Courts and introduction of a National Land Reforms Policy. Gift City Latest Update once again brought to light the compelling economic and political arguments for enacting land reforms primarily to tackle the scarcity and unequal distribution of land on one hand and growing demand of housing and industrial development on the other. Since land forms the basis of economic activity, land serves as an essential asset for a country to accomplish economic growth and social equity. During the last few decades, various land reforms have been enacted and numerous proposed amendments to existing laws, new legislations and policies are in the pipeline. Land reforms are closely linked to agricultural productivity, industrial growth, infrastructure development, employment opportunities, housing, foreign investment, to name a few.

There are some policies and reforms which when enacted and implemented, will bring wide-sweeping changes. Land Acquisition of land is the first and foremost hurdle in the development of any industrial, real-estate and or infrastructural project. The NOIDA-Greater NOIDA dispute brought to light the flawed acquisition process and the urgent need to address concerns of land owners and developers a as. Gift City News Land Acquisition, Rehabilitation and Resettlement Bill, 2011 seeks to address these concerns and replace the outdated Land Acquisition Act, 1894. The Bill provides a smoother acquisition process coupled with rehabilitation and resettlement R&R scheme, Social Impact Assessment, equitable compensation and annuity to displaced persons. Significant proposals include the requirement of prior consent of 80% of persons affected for certain projects and employment opportunities in such projects for members of displaced families. Further, the Land Acquisition and Rehabilitation and Resettlement Authority is proposed to be established for settling disputes relating to acquisition, compensation, and R&R. The industry has expressed its concerns that the method of calculation of compensation may hamper the acquisition of land at competitive rates, further pushing up land prices. Also, the requirement of obtaining prior consent of persons affected and conducting Social Impact Assessment, though imperative and laudable, may make the acquisition process more elaborate and time-consuming, thus affecting large-scale projects and industries dependent on speedy availability of land.

Land Pooling since the land acquisition, development and disposal policies framed previously have failed to address the issues involved in the land acquisition process planned development is struggling to keep pace with the increasing demands of urbanization. The process of acquisition and quantum of compensation is increasingly being challenged by land owners. Keeping this in mind, various States including Delhi, Haryana and Punjab are coming up with innovative land pooling schemes and models. For instance, the land pooling policy proposed by Delhi Development Authority for Delhi is based on the concept wherein the land parcels owned by individuals or group of owners would be legally consolidated by transfer of ownership rights to the designated land pooling agency which would later transfer the ownership of the part of land back to the land owners for undertaking development of such areas, thus giving land owners an option to become partners in the development process.