Lok Sabha Question No. 2260 (UNSTARRED), answered on 2018-07-31
Subject: Acquisition of Fertile Land
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: RAM TAHAL CHOUDHARY, MANSUKHBHAI DHANJIBHAI VASAVA

## GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE, COOPERATION AND FARMERS WELFARE

## LOK  SABHA UNSTARRED QUESTION NO.2260

TO BE ANSWERED ON THE  31 ST  JULY, 2018

## ACQUISITION OF FERTILE LAND

2260.   SHRI RAM TAHAL CHOUDHARY: SHRI MANSUKHBHAI DHANJIBHAI VASAVA:

Will  the  Minister  of  AGRICULTURE  AND  FARMERS  WELFARE      ‡ãðŠãäÓã एवं  किसान िल्याण ½ãâ¨ããè be pleased to state:

- (a) whether fertile land is being acquired for development projects in the country and inadequate compensation is being paid to the farmers for land acquisition;
- (b) if so, the opinion of the Government in this regard;
- (c) whether some provisions are existing in this regard and if so, the details thereof;
- (d) whether the Government propose to enact any law to acquire only barren land for such projects; and
- (e) the corrective steps taken in this regard?

## ANSWER

MINISTER OF  STATE IN THE  MINISTRY OF  AGRICULTURE AND  FARMERS  WELFARE

‡ãðŠãäÓã एवं किसान िल्याण ½ãâ¨ããÊã¾ã ½ãñâ Àã·¾ã ½ãâ¨ããè ( SHRI GAJENDRA SINGH SHEKHAWAT)

- (a) to (e): It  is  acknowledged  that  to  some  extent  agricultural  land  is  acquired  for developmental projects in the country. However, details of agricultural land diverted to non-agricultural  uses  including  land  acquired  for  the  purpose  of  development  and inadequate  compensation  being  paid  are  not  maintained  centrally.      Department  of Land  Resources,  Ministry  of  Rural  Development  has  enacted  the  Right  to  Fair Compensation and Transparency in Land Acquisition,  Rehabilitation and Resettlement Act, 2013, which provides adequate compensation to the farmers as per Schedule-I of the Act. The copy of Schedule-I is given at Annexure-I.

As per Seventh Schedule of Constitution of India, land comes under the purview of  State  Government and, therefore, it is for the State Governments to take suitable steps  to  check  diversion  of  agricultural  land  for  non-agricultural  purposes.  However, under  National  Policy  for  Farmers-2007  (NPF-2007),  State  Governments  have  been advised to earmark land with low biological  potential  such  as uncultivable  land,  land affected  by  salinity,  acidity,  etc.,  for  non-agricultural  development  activities,  including industrial and construction activities. Besides, National Rehabilitation and Resettlement Policy- 2007 (NRRP-2007) has recommended that as far as possible , projects may be set up on wasteland, degraded land or un-irrigated land. Acquisition of irrigated,  multi-cropped  agricultural  land  for non agricultural  uses may  be  kept to  the minimum and avoided, to extent possible.

In addition the Section-10 of the Right to Fair Compensation and Transparency in  Land  Acquisition,  Rehabilitation  and  Resettlement  Act,  2013  restrict  acquisition  of multi  cropped  agriculture  land  for  development  projects.  The  details  of  Section-10  is given at Annexure-II.

## Annexure-I

(Annexure to be un-starred question No. 2260 on Acquisition of Fertile Land due for 31.7.2018)

The First Schedule of  the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

## COMPENSATION FOR LAND OWNERS

The  following  components  shall  constitute  the  minimum  compensation  package  to  be  given  to  those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government.

| Serial No.   | Component of compensation package in respect of land acquired under the Act                  | Manner of determination of value                                                                                                                                                                                                                                                                        | Date of determination of value   |
|--------------|----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------|
| (1)          | (2)                                                                                          | (3)                                                                                                                                                                                                                                                                                                     | (4)                              |
| 1. 2.        | Market value of land Factor by which the                                                     | To be determined as provided under section 26. 1.00 (One) to 2.00 (Two) based on the distance                                                                                                                                                                                                           |                                  |
| 3.           | rural areas Factor by which the market value is to be multiplied in the case of urban areas. | 1(One).                                                                                                                                                                                                                                                                                                 |                                  |
| 4.           | Value of assets attached to land or building                                                 | To be determined as provided under section 29.                                                                                                                                                                                                                                                          |                                  |
| 5.           | Solatium                                                                                     | Equivalent to one hundred per cent. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial                        |                                  |
| 6.           | Final award in rural areas                                                                   | number 4 under column (2). Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under |                                  |
| 7.           | Final award in urban areas                                                                   | Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 3 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under                            |                                  |
|              | Other component, if any, to be included                                                      | column (2).                                                                                                                                                                                                                                                                                             |                                  |
| 8.           |                                                                                              |                                                                                                                                                                                                                                                                                                         |                                  |

NOTE-The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number.

## Annexure-II

(Annexure to be un-starred question No. 2260 on Acquisition of Fertile Land due for 31.7.2018)

Section-10 of  the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

## Special provision to safeguard food security

- (1) Save  as  otherwise  provided  in  sub-section  (2),  no  irrigated  multi-cropped  land shall be acquired under this Act.
- (2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in subsection (1) shall, in aggregate for all projects in a district or State, in  no  case  exceed  such  limits  as  may  be  notified  by  the  appropriate  Government considering the relevant State specific factors and circumstances.
- (3) Whenever  multi-crop  irrigated land is acquired under  sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes or an  amount  equivalent  to  the  value  of  the  land  acquired  shall  be  deposited  with  the appropriate Government for investment in agriculture for enhancing food-security.
- (4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that district or State, as may be notified by the appropriate Government:

Provided that the provisions of this section shall not apply in the case of projects that  are  linear  in  nature  such  as  those  relating  to  railways,  highways,  major  district roads, irrigation canals, power lines and the like.

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