Main features of land draft bill
- For land acquired in rural areas, the compensation will be four times the market value. The compensation package for urban area however remains two times the market value.
- Linear projects like Railways and Power lines will not be covered under the Bill.
Irrigated multi crop land can be acquired upto five percent. However, an equal area of wasteland within the district will have to be developed.
- In case the acquired land is not used for the stated purpose the land will not be returned to the original owner but will go to state.
- States are free to have their own land acquisition law.
- Public purpose has been defined as land use for strategic purpose, infrastructure and industry.
- Consent of 80 percent people would be mandatory in case the land is acquired for private project. Consent not mandatory when land is acquired by the government for its own use.
- Urgency clause to be used in rarest of rarest case, such as emergencies or national calamity.
- Compensation should be completed within three months of acquisition. Re settlement and rehab monetary part should be completed within 6 months.
- Persons who have been dependent on the said land for at least three years will be eligible for compensation.
The bench opined that any law which deprives a person of his private property for private interest, will be unlawful and unfair and undermines the rule of law and can be subjected to judicial review. In Kesavananda Bharati’s case, this Court enunciated rule of law as one of the most important aspects of the doctrine of basic structure. Rule of law affirms Parliament’s supremacy while at the same time denying it sovereignty over the Constitution. A five-judge constitutional bench headed by Chief Justice SH Kapadia gave the judgmentThe bench, which also included Justices Mukundakam Sharma, K S Radhakrishnan, Swatanter Kumar and Anil R Dave passed the judgment while upholding the Roerich and Devika Rani Roerich Estate Acquisition Act, 1996, enacted by the Karnataka legislature to protect the 465-acre estate of the famous Russian painter Svetoslav and his wife, in Bangalore.