Gujarat recipe to acquire land cheap for industry: Town planning law "overrides" new land acquisition Act

A replica of Dholera "smart city"

By Our Representative
The Gujarat government is all set to make it official now. A top state document in Gujarati, prepared by the state revenue department, has made it clear that the new land acquisition law – the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR, 2013) – will not be application in areas where a town planning scheme is floated. The document, still in its draft form, and floated as "rules" for LARR Act, 2013, makes it clear, “Wherever a town planning scheme is finalised, there will not be any land acquisition under any other law.”
Meant for internal discussion and running into 200 pages, the document, which gives a comprehensive picture on how the land acquisition law, passed under the previous UPA government at the Centre and supported by the BJP, would be implemented in Gujarat, however, makes it clear that till the point a town planning scheme is in the draft form and is not finalised, no land acquisition can place under the town planning Act. “But as soon as the town planning scheme is finalised, any land acquisition under LARR, 2013 would be treated as illegal”, it insists.
The draft rules providing precedence to the town planning Act over LARR, 2013, if finalised, are particularly significant, as it would legitimise land acquisition done by the Gujarat government in the special investment regions (SIRs) after floating the town planning scheme in areas like Dholera in Ahmedabad district, where an ultra-modern Greenfield city is being planned. Farmers of the region, fighting for saving their land under the banner of Jameen Adhikar Andolan Gujarat (JAAG), had objected to government acquiring 40 to 50 per cent of land under the pretext of town planning.
The issue of “taking away” 50 per cent of farmers' land came up sharply during the environmental public hearing for Dholera SIR on January 3, 2014, where a senior government official KD Chandnani, who is also CEO, Dholera SIR Development Authority, said, “Under the Town Planning Scheme, after deduction of land up to 50 per cent, land will be allotted to the original land owner in a geometric shape, and with all the infrastructure facilities, in the form of a final plot. Compensation for the deducted land will be paid as per the jantri April 2011.”
The application of jantri, which is the government assessment of the value of land, for the 50 per cent of the land “taken away” for infrastructure development under the town planning Act stands in sharp contrast to the draft rules for LARR Act, 2013, which states that in the urban areas compensation for land acquisition would be “four times that of the latest market value of land.” Under the town planning Act, however, jantri is applied. Based government assessment of the prevailing rate, jantri is known to be several times lower than the market rate and is generally “fixed” once in five years.
While the farmers would be net losers if a town planning Act is floated, the Gujarat government's draft rules for LARR Act, 2013 state that, in contrast to the urban areas, in the rural areas' compensation against land acquisition would be 50 per cent less than that of urban areas. They say,in effect, in the rural areas, the compensation would be “two times” (as against four times in urban areas) of the latest market rate, fixed by taking into account the highest selling price in the last three years.
At the same time, the draft rules for LARR, 2013 repeat other details – such as the need for consent from 70 per cent of the rural populace in case of a public-private partnership (PPP) project and 80 per cent of the rural populace in case the project is privately owned. The rules also provide extensive details about on providing rehabilitation, including employment and other livelihood options, of the affected population. They also give details on how to acquire land during an emergency. The state rules acquire significance, as land is in concurrent list of the Constitution, and the Centre cannot overrule them.

Comments

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor* Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das* India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor* A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment. The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents. The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा* जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए।

How polarization between different ideological trends within the communist movement sharpened in India

By Harsh Thakor* This article is a rejoinder to A Note on Slogans of “Left Unity,” “Unity of the Communist Revolutionaries” and “Mass Line” by Umair Ahmed, published on the Nazariya blog .

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor* In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

Search This Blog