DEBANJALI SAHA- WEST BENGAL LAND REFORMS

In the first two decades since Independence, land reform was considered one of the main policy instruments for economic development in India.
Thus, this file talks about the different national and State level land reforms in West Bengal including the LARR Act and Example of Singur Tata Motor COmpany.

1. LAND MANAGEMENT : WEST BENGAL PRESENTED BY: DEBANJALI SAHA SCHOOL OF PLANNING AND ARCHITECTURE, NEW DELHI MARCH, 2019

2. HISTORY OF WEST BENGAL: LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha The partition of West Bengal was the most important event during the rule of Lord Curzon. It was carried out mainly for the convenience of administration. Bengal in those days was the biggest province of India extending over 1,89,000 SQ. Miles with a population of 80 million. It was comprising of Bengal, Bihar and Orissa and was under the central of one lieutenant Governor. The Bengal Presidency (1757–1912), later reorganized as the Bengal Province (1912–1947), was once the largest subdivision (presidency) of British India, with its seat in Calcutta (now Kolkata ). In 1905, Bengal proper was partitioned, with Eastern Bengal and Assam headquartered in Dacca and Shillong . British India was reorganised in 1912 and the presidency was reunited into a single Bengali-speaking province. The decision to effect the Partition of Bengal was announced on 19 July 1905 by the Viceroy of India, Curzon. The partition took place on 16 October 1905 and separated the largely Muslim eastern areas from the largely Hindu western areas. Hindus were outraged at what they saw as a "divide and rule" policy, even though Curzon stressed it would produce administrative efficiency. MAP: Bengal in 1904 MAP: Bengal in 1905-1911 MAP: Bengal after Partition in 1947

3. INTRODUCTION OF WEST BENGAL: LAND MANAGEMENT: WEST BENGAL West Bengal is an Indian state, located in Eastern India on the Bay of Bengal. With over 9 crore inhabitants (as of 2011), it is India's fourth-most populous state . It has an area of 88,752 km2 (34,267 sq mi). A part of the ethno-linguistic Bengal region of the Indian subcontinent, it borders Bangladesh in the east, and Nepal and Bhutan in the north. It also borders the Indian states of Odisha, Jharkhand, Bihar, Sikkim, and Assam. The state capital is Kolkata (Calcutta), the seventh-largest city in India, and center of the third-largest metropolitan area in the country . As for geography, West Bengal includes the Darjeeling Himalayan hill region, the Ganges delta, the Rarh region, and the coastal Sundarbans. Overview of West Bengal State Area 88,752 km2 No of Districts 21 Population 9.12 crore Density 1028 per km2 Growth of Population 13.8% Sex Ratio 950 Literacy Rate 76% SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha MAP: India MAP: Districts of West Bengal

4. LAND MANAGEMENT: WEST BENGAL STATE LEVEL 1948 - West Bengal Land (Requisition and Acquisition) Act 1955 - West Bengal Land Reforms Act 1969 - West Bengal Acquisition and Settlement of homestead Land Act, 1969 1975 - West Bengal Acquisition of homestead land for Agricultural labourers, artisans and Fisherman Act 1976 - Howrah- Amta Light Railway Company (Acquisition of land) Act 1979 - West Bengal Town and Country (Planning and Development) Act 1981 - Land Acquisition (West Bengal Amendment) Act 1993 - West Bengal Government Land (Regulation of Transfer) Act 1999 - Land Acquisition (West Bengal Amendment) Act 2001 - West Bengal Thika Tenancy (Acquisition and regulation) Act 2011 – Singur Land Rehabilitation and Development Act NATIONAL LEVEL 1894 - Land Acquisition Act 1976 - Urban Land (Ceiling and Regulation) Act 2013 - Right to Fair Compensation and Rehabilitation Act 2015 - Land Acquisition, Rehabilitation and Resettlement Bill LIST OF ACTS FOLLOWED IN WEST BENGAL : SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

5. INTRODUCTION: WEST BENGAL LAND REFORMS LAND MANAGEMENT: WEST BENGAL In the first two decades since Independence, land reform was considered one of the main policy instruments for economic development in India. Yet very little has been achieved, and it has all but disappeared from the policy agenda nowadays except for the recent focus on land acquisition policy. Transition from land reform to land acquisition was experience of West Bengal. With regard to land, West Bengal is different from other Indian states in many ways: extent of land reform state politics recent land acquisition fiascos HOW MUCH LAND REFORMS IN WEST BENGAL ? Large in comparison with other Indian states due to a Left Front government elected in 1978, reelected for a record five terms till 2010 By early 1990s, 6.7% of land area distributed as land titles for the poor, compared with less than 1% for most other states Only state to seriously implement sharecropper registration program (Operation Barga ): minimum share of tenant protection from eviction EFFECT OF LAND REFORM ON AGRICULTURAL PRODUCTIVITY IN W.B Distribution of land titles had no significant effects ( owing to small, infertile plots distributed) Operation Barga , on the other hand, had significant positive effect on productivity at the farm and village levels 1 % land area distributed associated with 0.2–0.4 % rise in farm productivity, with high spillovers to owner cultivated farms. However , contribution of Operation Barga to observed productivity growth in West Bengal in 1980s-90s was small , relative to various agricultural development programs implemented by local governments SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

6. WEST BENGAL LAND REFORMS ACT, 1955 LAND MANAGEMENT: WEST BENGAL It extends to the whole of West Bengal , except the area under Calcutta municipal Corporation. Right of Raiyat in respect of land: A raiyat (Occupant tenant) is the owner of his plot of land and the plot of land shall be hereditable and transferable. Permission for change of area, character or use of land: A raiyat holding any land should apply to the collector of the revenue dept. for change of area of character of such land or for conversion of the same. Mode of use of land may be residential, commercial, industrial, agriculture excluding plantation of tea, forestry, sericulture, horticulture, public utilities or other use of land. Right of purchase by co-sharer or contiguous tenant: This was done to avoid small fragmentation of big chunk of land. I f a portion or share of a plot of land of a raiyat is transferred to any person other than a co-sharer of a raiyat’s plot of land, the 1 st priority to offer the land is given to the Bargadar (land cultivator), 2 nd the Co-sharer (anyone sharing crop from the same land) and 3 rd to the adjoining Raiyat (to the person sharing the longest common boundary with the land transferred). They apply to the Munsif having territorial jurisdiction, for transfer of the said portion of the land. Along with a deposit of a sum total of 10% of the purchasing amount. SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

7. LAND MANAGEMENT: WEST BENGAL Modes of transfer of land by Scheduled Tribes If a raiyat belongs to ST , then he may transfer his plot of land in one of the following ways: By a complete mortgage entered into with a person belonging to a Scheduled Tribe for a period not exceeding seven years By sale or gift to the Government for a public or charitable purpose By simple mortgage to the Government or lo a registered Co-operative Society by simple mortgage or mortgage by deposit of title deeds in favour of a scheduled bank , a co-operative land mortgage bank or a corporation , owned or controlled by the Central or Stale Government , or by both , for the development of land or improvement of agricultural production By gift to a person belonging to a Scheduled Tribe By sale or exchange in favour of any person belonging to a Scheduled Tribe If he wants to sell his land to a person not belonging to any Schedule Tribe , permission shall be granted by the Revenue officer until he is willing to pay the fair market price of the plot of land that the proposed sale is intended to for the following purposes: For the improvement of any other part of the plot of land For investment WEST BENGAL LAND REFORMS ACT, 1955 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

8. LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha HOWRAH-AMTA LIGHT RAILWAY COMPANY (ACQUISITION OF LAND) ACT, 1976 Act Act to provide for the acquisition of certain lands held by the Howrah- Amta Light Railway Company Limited for providing better facilities for transport and communication to the members of the public by construction of broad-gauge railway line in Howrah- Amta - Bargachia-Champadanga and Dankuni-Sheakhala areas within the districts of Howrah and Hooghly and for matters connected with it. ACQUISITION OF LAND: Any land acquired should be notified in the official Gazette, objections are welcomed and then the state government should entitled to transfer any land acquired under this section. PAYMENT OF AMOUNT: The State Government should deposit in cash in Court to the credit of the company an amount which shall be determined by the Collector, where the land is situated within the limits of Howrah Municipality , at the rate of rupees seventy-four thousand and seven hundred fifty per hectare and , where the land is situated outside the Howrah Municipality, at the rate of rupees four thousand eight hundred and fifty-eight per hectare in case of firm land and rupees one thousand three hundred and forty-five per hectare in case of any other land.

9. LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha SINGUR LAND REHABILITATION AND DEVELOPMENT ACT, 2011 “ An Act to provide for taking over of the land covered by the lease granted to Tata Motors Limited for the sole purpose of Small Car Manufacturing project and letters of allotment issued to the Vendors as recommended by Tata Motors Limited in view of non-commissioning and abandoning Small Car Project and ancillary factories with a view to returning such portion of the land to the unwilling owners thereof, who have not accepted compensation and to utilize the balance portion in public interest and for the benefit of the State .” PAYMENT OF AMOUNT: For the transfer to and vesting of the land leased to the Tata Motors Limited, the amount of compensation would be adjudged and determined by the District Judge , Hooghly on an application being made by the Tata Motors Limited in due compliance with the principles of natural justice and by reasoned order. The amount determined in accordance with the provisions is a simple interest at the rate of 6% per annum  from the period of application made by the claimant and ending on the date offender of the amount which is determined and payable by the State Government

10. LAND MANAGEMENT: WEST BENGAL URBAN LAND (Ceiling and Regulation) Act, 1976 This is not applied to any vacant land in an urban agglomeration. STANDARD HECTARE in relation to an agriculture land, an extend of land equivalent to: 1.00 hectare in an irrigation area 1.40 hectare in any other area Ceiling Area The ceiling area should be according to the following: In the case of raiyat, who is an adult person, 2.50 standard hectare. (i.e.2.5x 1Ha for irrigated Land and 2.5x1.4Ha for other area). In case of a raiyat, who is the sole surviving member of a family , 2.50 standard hectares In the case of a raiyat having a family consisting of >2 member but <5 members , 5.00 standard hectare In the case of a raiyat having a family consisting of >5 members , 5.00 standard hectare, plus 0.50 standard hectare for each member in excess of five, however the aggregate of the ceiling for such raiyat should not exceed 7.00 standard hectare. (i.e. for example if 7 members, then (5+0.5+0.5)= 6ha he can hold) In the case of any other raiyat, 7.00 standard hectares. (i.e. 7x 1.4 (unirrigated land) = 9.8 ha maximum limit a person can hold) URBAN LAND (CEILING AND REGULATION) ACT, 1976 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

11. LAND MANAGEMENT: WEST BENGAL f . In the case of a family consisting of more raiyats than one , the ceiling area of all the other raiyats in the family shall not, in any case, exceed: Where the number of members of such family does not exceed five members , 5.00 standard hectare. Where the number of members of such family e xceed five members, 5.00 standard hectare, plus 0.50 standard hectare for each member in excess of five, however the aggregate of the ceiling should not exceed 7.00 standard hectare. EXEMPTIONS : The provisions shall not be applied to the following: To any land owned as a raiyat by a local authority or any wholly Government company or any authority constituted. To any land in hilly portion of the district of Darjeeling URBAN LAND (CEILING AND REGULATION) ACT, 1976 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

12. LAND MANAGEMENT: WEST BENGAL LIMITATION ON FURTHER ACQUISITION OF LAND BY A RAIYAT: If at any time, the land owned by a raiyat exceeds the ceiling area on account of transfer, inheritance or otherwise, the area of land which is in excess of the ceiling area should vest in the state . The exemptions were such person requires land for : The purpose of establishing a mill, factory or workshop, livestock breeding farm, industrial park, financial hub, power plant, sub-station, tourism project, airport, biotech park, education and medical institutions etc. thus if a detail project report along with the purpose if submitted , then non-agricultural land wont have any ceiling limit. For the purpose of future expansion of any such mill, factory, industrial park and all the above mentioned purposes, there wont be any ceiling limit. Thus the state government on such terms and condition, allows to acquire and hold land in excess of the ceiling area limit. If a person fails to utilize such land within 3 years of the date of permission granted under the provision for the purpose for which he has been so permitted by the State Government, then all the rules related with the ceiling area should be applied to the area of land which is held in excess of the ceiling area. URBAN LAND (CEILING AND REGULATION) ACT, 1976 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

13. LAND MANAGEMENT: WEST BENGAL FROM LAND REFORM TO LAND ACQUISITION IN WEST BENGAL REASONS: Agricultural productivity plateaued since the mid-90s Combined with considerable fall in land per household and per capita Most rural households cannot rely on agriculture any more for their livelihoods Decline in proportion of household heads declaring agricultural cultivation as their primary occupation ( less than 50% by 2003) Corresponding rise in landlessness (almost 50% in 2003) And in education and aspirations of the young, who seek non-agricultural occupations Thus, from the early 2000s, the Left Front realized the need to expand non-agricultural employment So it bent over backwards to invite private industry Tried to lure Tata away from tax concessions offered in HP and Uttaranchal Tata picked a site in Singur, 90 km from Kolkata, located on the Durgapur Expressway WB state government used its powers of eminent domain using the 1894 Land Acquisition Act, acquired 997 acres of (mostly ) prime agricultural land Small marginal landowners – 12,000 cheques issued for owners , 3000 for registered sharecroppers SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

14. LAND MANAGEMENT: WEST BENGAL The history of land acquisition began with the Bengal Regulation I of 1824 to promote British commercial interests. Land for construction of Railways was acquired under the said Regulation and finally the first Railway came up in 1853. The Bengal Regulation I of 1824 was replaced by Act I of 1850, by which the provision for land acquisition was extended to Calcutta town. By 1857, various laws on land acquisition were consolidated as Act VI of 1857 and it was made applicable to the whole of British India. The 1857 Act was replaced by the Land Acquisition Act (Act X of 1870 ). The Act of 1870 was repealed and the Act of 1894 was enacted for the purpose of facilitating acquisition of private land by the Government for public purposes. INTRODUCTION: LAND ACQUISITION IN WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

15. LAND MANAGEMENT: WEST BENGAL Land Acquisition Act 1894 (LAA 1894) is a well drafted and well served piece of legislation that served land acquisition purpose for more than a century. In general land acquisition is composed of three macro-processes: First, affected parties and their land ownership are to be identified. Second , fair processes by which stakeholders are notified of the acquisition and are given a chance to voice their views followed by the declaration. Finally , an acceptable compensation package to be arrived upon and distributed. COMPONENTS OF COMPENSATION (SECTION 23) Market value of the land at the date of publication of Notification and damages sustained by land owner at the time of taking possession of the land. 12 % additional market value per annum from the date of Notification to the date of award or the date of taking possession of land whichever is earlier. Sum of 30% solatium on market value in consideration of compulsory nature of acquisition . Interest @ 9% per annum upto one year and @15% after one year on all items of compensation from the date of taking possession till the compensation is paid or deposited. LAND ACQUISITION ACT, 1894 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

16. LAND MANAGEMENT: WEST BENGAL Non- Consultative, Non transparent, Low compensation Large scale acquisition of land, especially under Special Economic Zone (SEZ) Act, 2005 led to hue and cry. The state governments have acquired large tracts of land in rural areas, belonging to farmers/rural landowners at throwaway prices in the name of development projects. Later, after changing the land use, land was handed over to private builders for construction of multi storey residential and commercial complexes, industries etc. These private entrepreneurs later sold these complexes to the general public at very high prices. There have been cases where the landowners/farmers were assured of employment generation, but that did not happen as they were neither skilled for the job nor qualified for the same. The farmers have been cheated in the name of land acquisition for public purpose – as they do not get the market price for their land due to the under rated sale deeds and the government playing broker/agent for the private players . Need felt for a more balanced Act. FARMERS PROBLEM: High dependence on rainfall and natural calamities. Insufficient irrigation facility. Low proportion of irrigated Land. Fertilizers subsidy. Credit availability & cost. Disguised and Under employment. LAND ACQUISITION ACT, 1894 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

17. LAND MANAGEMENT: WEST BENGAL The RFCT LAR&R 2013 had introduced some significant changes to India’s land acquisition law. The primary among them is the vastly increased compensation for the land owners, who were also recognised as urban and rural land owners. The law therefore distinguished the operation of differential forces of land markets operating in urban and rural setting while determining land value . Therefore, the cash award required was raised to be at least four times the estimated local market value of land in rural areas, and at least twice in urban areas. The act also mandates that all affected parties be paid a Rehabilitation and Resettlement (R&R) package in addition to the cash compensation for lost assets so that the displacement costs are met by projects. The RFCT LAR&R Act 2013 requires that a Social Impact Assessment (SIA) be conducted to identify the affected families and calculate the social impact when land is acquired. RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

18. LAND MANAGEMENT: WEST BENGAL COMPENSATION PACKAGE TO LAND OWNER AND TENANTS Based on market value of Land the market value, if any, specified in the Indian Stamp Act 1899 for the area; b ) the average sale price for similar type of land situated in the nearest village or nearest vicinity area, ascertained from 50% of the sale deeds registered during the preceding 3 years; or c) consented amount of compensation in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher . Multiplying factor (Market value x 2 in urban Areas, x 4 in Rural Areas ) Solatium 100 % ( The Collector having determined the total  compensation  to be paid, shall, to arrive at the final award, impose a “ Solatium ” amount equivalent to one hundred per cent. Of the  compensation  amount .) Additional compensation in case of multiple displacements –The Collector shall, as far as possible, not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional compensation equivalent to that of the compensation determined under this Act for the second or successive displacements. RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

19. LAND MANAGEMENT: WEST BENGAL REHABILITATION AND RESETTLEMENT OF PROJECT AFFECTED FAMILY The Collector shall pass Rehabilitation and Resettlement Awards for each affected family Provision of housing units in case of displacement Land for Land in case of irrigation projects Offer for Developed Land Choice of Annuity / Employment(one family member) / Lump sum payment Subsistence grant for displaced families for a Period of one year Transportation cost for displaced families Cattle shed/petty shops cost One-time grant to artisan, small traders and certain others One-time Resettlement Allowance Monthly stipend for one year INFRASTRUCTURAL AMENITIES Roads within the resettled villages Proper drainage, sanitation and drinking water Panchayat Ghars , Post Offices, Fair Price Shops, Schools and Primary Health Centres Irrigation facilities to the agricultural land allocated to the resettled families RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

20. LAND MANAGEMENT: WEST BENGAL SOCAIL IMPACT ASSESSMENT (SIA) The RFCT LAR&R Act 2013 requires that a Social Impact Assessment (SIA) be conducted to identify the affected families and calculate the social impact when land is acquired. A committee of independent experts examines the SIA and approves the social impact assessment of the project, an administrative committee reviews if it serves the public interest and also if the benefits outweigh the costs, and the disputes are to be referred to a specially constituted body instead of civil courts. Multi-cropped land is proposed not to be acquired except under special circumstances, and, even under such, land acquisition must not exceed 5% of the cultivated area in the district . Social impacts of the project, and the nature and cost of addressing them. The RFCT LAR&R Act 2013 required that if land acquired under it remained unutilised for five years, it would be returned to the original owners or the government land bank. The Ordinance states that the period after which unutilised land will need to be returned will be five years , or any period specified at the time of setting up the project, whichever is later. RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013 SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

21. LAND MANAGEMENT: WEST BENGAL LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL ,2015 The RFCT LAR&R Bill 2015 is still under the process of becoming a law and it seeks to make some amendments to the earlier act of 2013. It has been passed by the Lok Sabha but yet discussion of its controversies is going in Rajya Sabha to get passed. It has same lines as that of RFCT LAR&R 2013 Act but with some major modifications. The RFCT LAR&R Act 2013 exempted 13 laws (such as the National Highways Act, 1956 and the Railways Act, 1989) from its purview. However, the RFCT LAR&R Act 2015 required that the compensation, rehabilitation, and resettlement provisions of these 13 laws be brought in consonance with the RFCT LAR&R Act 2015, within a year of its enactment, through a notification. The RFCT LAR&R 2015 Ordinance creates five special categories of land use to be exempt from the provision of public consent : ( i ) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors, and (v) infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land. (The RFCT LAR&R Act 2013 requires that the consent of 80% of land owners is obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects). The RFCT LAR&R Act 2013 excluded the acquisition of land for private hospitals and private educational institutions from its purview. The new Ordinance removes this restriction. While the RFCT LAR&R Act 2013 was applicable for the acquisition of land for private companies, the new Ordinance changes this to acquisition for 'private entities'. A private entity is defined any entity other than government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law. SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

22. LAND MANAGEMENT: WEST BENGAL COMPARISON OF LAA 1894, RFCT LARR 2013, RFCT LARR 2015 SL.NO PARAMETERS LAA 1894 RECFT LAAR 2013 RFCT LARR 2015 1. Public Purpose Includes several uses such as infrastructure, development and housing projects. Also includes use by companies under certain conditions. Same as LAA 1894 Excludes acquisition of land for private hospitals and private educational institutions. 2. Consent from affected people Consent of 80 % of displaced people required in case of acquisition for private companies and 70 % for public-private partnerships Consent for five categories of projects is exempted 1. Defence 2. Affordable Housing 3. Rural Infrastructure 4. Industrial Corridor 5. Infrastructure The consent for the other projects remains same as that of 2013 Act. 3. Social Impact Assessment (SIA) SIA has to be undertaken in every acquisition. Exemption of SIA for above mentioned five categories of Consent and also limits on irrigated land. 4. Compensation Based on the market value. Two times of market value for urban areas & four times of market value in rural area”. Same as 2013 Act SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha TABLE: Comparison of LAA 1894, RFCT LAR&R 2013 and RFCT LAR&R 2015

23. LAND MANAGEMENT: WEST BENGAL COMPARISON OF LAA 1894, RFCT LARR 2013, RFCT LARR 2015 SL.NO PARAMETERS LAA 1894 RECFT LAAR 2013 RFCT LARR 2015 5. Market Value Based on the current use of land. Explicitly prohibits using the intended use of land while computing market value. Higher of: (a) value specified for stamp duty, and (b) average of the top 50% by recorded price of sale of land in the vicinity. Same as 2013 Act 6. Solatium 30% 100% 100% 7. Rehabilitation and Resettlement R&R necessary for all affected families. Minimum R&R entitlements to be provided to each family. With employment to the members of the affected family R&R award for each affected family includes mandatory employment to at least one member of such an affected family of a farm labourer. 8. Food Security Multi-crop land to be acquired only as a last resort. States to impose limits on the area of agricultural/ multi-crop land that can be acquired in a State. If agricultural land is acquired, the state has to cultivate an equivalent area of land elsewhere. No limit on multi-crop land to be acquired for above said five categories. SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha TABLE: Comparison of LAA 1894, RFCT LAR&R 2013 and RFCT LAR&R 2015

24. LAND MANAGEMENT: WEST BENGAL In the second half of 2006, the West Bengal government acquired 997 acres of prime agricultural land in order to enable Tata, a leading industry house in India, to build a factory for Nano, its new model for a small and cheap car . In order to do so, the state government used its power of eminent domain under the aegis of the 1894 Land Acquisition Act, which was inherited from colonial times . It was hoping the new car factory and the expected boost it would provide to small firms producing ancillary car parts would jumpstart a new phase of industrial development in the state, promoting much needed job growth in the non-agricultural sector . In order to woo Tata away from other Indian states offering favourable tax concessions, the West Bengal government allowed Tata to specify the location of its factory, and offered it a long lease on favourable terms. Tata chose an area called Singur located on the Durgapur Expressway about 90 Km from Kolkata, the neighbouring urban metropolis and transport hub in Eastern India. The West Bengal government subsequently decided to acquire the area required for the factory and offer compensation to those whose lands were being acquired as required by the 1894 Act. CASE STUDY : TATA NANO PROJECT, SINGUR SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha

25. LAND MANAGEMENT: WEST BENGAL CASE STUDY : TATA NANO PROJECT, SINGUR This resistance soon snowballed into a protest movement, which the main opposition party, the Trinamool Congress (TMC) subsequently galvanised. The state government subsequently offered to improve the terms of compensation, including 25% compensation for tenant farmers engaged in cultivation of acquired plots . No plans were offered to compensate agricultural workers claiming to have lost employment on acquired lands . Local outbreaks of violence occurred, and the protests acquired national and international media attention . Eventually, two years later, after being frustrated with the protests and non-acquisition, M/s Tata Motors decided to withdraw from West Bengal, and took the Nano car manufacturing factory to Sanand , Gujarat. SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha SINGUR A household survey in 12 Singur villages, which were acquired for Tata Car Factory, was conducted in 2013. The results of the study show that most of the land was acquired from marginal landowners, and from those engaged in cultivation on the acquired plots. For most affected owners, more than half the land they owned in 2005 was acquired. A significant fraction of landowners were under-compensated owing to misclassification of their plots in the official land records, besides inability of the latter to incorporate other sources of plot heterogeneity. Acquisition of land resulted in 40% lower income growth for owners and half that for tenants. Agricultural workers that were directly affected experienced significant reductions in employment earnings compared with unaffected agricultural workers, who in turn, experienced smaller earnings growth compared with non-agricultural workers. MAP: Location Of Singur In Hoogly District, W.B

26. LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha CASE STUDY : TATA NANO PROJECT, SINGUR Hence, land acquisition in Singur imposed significant economic hardships on a large fraction of affected owners, tenants and workers. A large fraction of owners were under-compensated relative to market values. Tenants were under-compensated and agricultural workers were not compensated at all. Singur case clearly expressed the ground level hurdles that need to be overcome for successful land. SL.NO PARAMETERS LAA 1894 RECFT LAAR 2013 1. Public Purpose No effect of this clause would have affected No effect of this clause would have affected 2. Consent from affected people As there was no provision of consent, it reduced the time for acquisition but this was the main cause of Tata Nano Plant’s Failure. This would have increased the time for acquisition but later people wouldn’t have complained about forceful acquisition of their land 3. Social Impact Assessment (SIA) Since there was no provision of this clause, it was also the reason of failure of Tata Nano Plant. As people who were affected later on rose up together in a group along with the Political support. This would have certainly helped Tata’s project, as all the parameters would have already looked upon to avoid any problem at later stage 4. Compensation Market prices of the lands were determined by land records of already sold lands. But the records were misclassified in order to save Stamp Duty. Due to this many farmers were under compensated, which was also the reason of failure this project. The compensation in this act is much higher which would increase the cost of the project, but certainly it would lead to satisfaction of owners of acquired land. And it would lead to the success of the project. TABLE: Effect on M/s Tata Nano Project considering various LARR Acts

27. LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha SL.NO PARAMETERS LAA 1894 RECFT LAAR 2013 5. Market Value The market values were misclassified, this lead to under compensation of many farmers which lead to dissatisfaction among these farmers and then they rose up together, which caused the project to go in vain The market price in this case would be higher which increase the cost of the project but certainly it would beneficial during the operation stage of the project 6. Solatium This was low only 30% of the market value. As already stated market value was misclassified, the farmers didn’t get proper solatium which in turn affected the project’s success. 100% solatium will certainly cost more for the project during the acquisition stage. But the chances of project getting successful will be much higher. 7. Rehabilitation and Resettlement The affected families were not provided with job security and the shelter of their livelihood which created a more hurdles in the project which lead to failure of project. Providing Job security to the members of affected family and shelter for their livelihood would increase project cost and also some portion of employment would be unqualified for the project thereby creating project hurdle. 8. Food Security Many lands where multi crops were cultivated were acquired; this reduced the production of many crops which affected the supply of these crops across the state. Thus food security to the people was reduced. Moreover the cost of multi cropped land was more so it increased acquisition cost. Only 5% of multi cropped land can be acquired under this act which would help to ensure the Food security for all the people across the stat and help to ensure the lower cost of acquisition. CASE STUDY : TATA NANO PROJECT, SINGUR TABLE: Effect on M/s Tata Nano Project considering various LARR Acts

28. LAND MANAGEMENT: WEST BENGAL SUBJECT : LAND MANGEMENT SUBMITTED BY: Debanjali Saha West Bengal State Laws ( https://www.latestlaws.com/bare-acts/state-acts-rules/west-bengal-state-laws/ ) GoI (1985), The Land Acquisition Act 1894, Indian Gazette, Government of India ( GoI ), New Delhi, (http://dolr.nic.in) Ghose , J., 2015, Bill Summary: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015, PRS Legislative Research Institute for Policy Research Studies Web page http://www.prsindia.org/uploads/media/Land%20and%20R%20and%20R/Bill%20Sum mary%20-%20LARR%20Bill%202015.pdf Ghatak , M., S. Mitra , D. Mookherjee and A. Nath (2013), Land Acquisition and Compensation: What really happened in Singur?, Economic and Political Weekly of India, XLVIII (21): 32-44 REFERENCE: