MAY 2015

Some of the major changes
proposed by the 2015 Bill (as
passed by Lok Sabha) relate to
provisions such as obtaining the
consent of land owners; conducting an
SIA; return of unutilised land; inclusion
of private entities; and commission of
offences by the government.
Certain exemptions for five categories
of projects: As mentioned above, the
2013 Act requires that the consent of 80% of land owners is obtained when land
is acquired for private projects, and the consent of 70% of land owners is obtained
when land is acquired for public-private partnership projects. The Bill exempts five
categories of projects from this provision of the 2013 Act. These five categories are:
(i) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors
(set up by the government/government undertakings, up to 1 km on either side of
the road/railway), and (v) infrastructure projects.
The Bill also allows the government to exempt these five categories of projects from:
(i) the requirement of a Social Impact Assessment, and (ii) the limits that apply for
acquisition of irrigated multi-cropped land, through issuing a notification. Before
issuing this notification, the government must ensure that the extent of land being
acquired is in keeping with the minimum land required for such a project.
The government has stated that these exemptions are being made in order to expedite
the process of land acquisition in these specific areas. However, the opponents of the
Bill have pointed out that these five exempted categories could cover a majority of
projects for which land can be acquired, and consent and SIA will not apply for these
projects.
Return of unutilised land: Secondly, the Bill changes the time period after which
unutilised, acquired land must be returned. The 2013 Act states that if land acquired
under it remains unutilised for five years, it must be returned to the original owners
or the land bank. The Bill changes this to state that the period after which unutilised
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