By examining the Ministry of Statistics and Planning’s September 2018 flash report, the top five states where cost overruns occurred as a result of postponed project completion have been identified. Maharashtra topped the list with a cost overrun of Rs 1.99 trillion, delaying the completion of 129 projects. It led to the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (Amendment) Bill, 2022.
The amendment Bill is currently pending in the Rajya Sabha after being approved by the Lok Sabha on March 10, 2022. The amendment Bill has been released for all the major infrastructure development projects undertaken by the central and Maharashtra government, including the one in Mumbai, to speed up project completion and prevent further delays brought on by time-consuming procedures, procedural errors, and natural disasters.
Bill 2022 amending land acquisition
The collector is granted special authority under Section 40 of the Act to purchase land urgently as required for the defense of India, national security, any emergencies brought on by natural disasters, or any other emergencies with the consent of Parliament, by the government’s directives.
Two new sections, Sections 40A and 40B, are added to the amendment bill for the development of all infrastructure projects carried out in Mumbai by the Maharashtra government.
Section 40A provisions
- Despite there being no such award, the collector will nonetheless purchase this land.
- According to Section 21 of the aforementioned Act, the collector may take possession of the aforementioned land based on the counsel of the Single Window No Objection Certificate Approval Committee after 30 days have passed since the notice was published. The government will then have complete ownership of the land, free from any liens.
- The government shall not take possession of such property without first giving notice to the occupier of its intention to take possession for at least 30 days and not more than 45 days.
- The collector will offer to pay compensation for the land before taking possession, and if payment is put off, the person who is entitled must still get an extra 2% of compensation each month.
Section 40B provisions
- The government must issue a notice for publication in the official gazette before appointing the Single Window No Objection Certificate Approval Committee in Mumbai’s Metropolitan City. Section 40B (2) of the amendment bill contains a list of the committee members.
- After the government requests and submits the pertinent documents, the committee must submit its recommendations within 30 days. The committee should, however, report to the parties involved in the extension the considerations that the committee must consider when recommending a No Objection Certificate under sub-Section 5 of Section 40B (6) of the Amendment Bill.
Effects of the Change
The amendment speeds up the Act’s current multi-stage and drawn-out process of land acquisition and infrastructure development. They will benefit from the amendment in the following days:
- It will assist the government in acquiring land more quickly while preserving the rights of the displaced people and landowners from whom the government will be purchasing the land.
- The modification also creates a new committee that separates the various authorities and departments currently involved in the procedure from one another. Establishing a single committee with equal representation that has the power to grant or revoke government approvals could eliminate bias, hold local communities and the environment’s interests, and ensure a transparent process.
- Ensuring the fairness of the land acquisition procedure and offering just compensation to the affected parties and landowners. It could foster the smooth start and completion of the necessary and emergency projects in the state.
It is essential to implement such changes to help streamline the land acquisition process and time-bound project completion, which will result in lower capital costs because of timely acquisitions. It will help the government meet its goals. The committee’s recommendations and the policy and acquisition procedure, ensure transparency and lowers the likelihood of land-related lawsuits.