Government land acquisition: how feasible is it?
Imlisanen Jamir
Dimapur | April 21
With ‘development’ being projected as the focal point in Nagaland state’s political discourse, private land ownership has been presented as a hurdle. The Chief Minister, Neiphiu Rio, and Parliamentary Secretary for Rural Development, Zhaleo Rio, have stated that development activities in Nagaland have not progressed due to complexities of the land ownership system.
The Chief Minister on April 3 stated that the “biggest hurdle” to development in the state was the land ownership issue. Attributing the stagnation of the four laning project between Dimapur and Kohima to land ownership, the CM called upon the people to partner with the government in addressing the issue.
Parliamentary Secretary for Urban Development, Zhaleo Rio on April 5 remarked that “selfishness of a few landowners” is depriving the people of development. He further went on to call on the land owners to part with their lands “at a reasonable and negotiated rate to the government.”
Consistent with the above opinions, the Deputy Commissioner of Kohima, N Honje Konyak on April 3 proposed government acquisition of lands in Kohima to avert the traffic problem. The DC specified certain areas like the road stretch from Razhu Point to Kitsubozu junction, the stretch between TCP gate and Oking Hospital and the Sokrozie lake area to be acquired by the government. The DC’s statements initially came as a sign of intent to solve the ever growing traffic problem. However, the emphasis given on land ownership by the political and administrative elite has raised concerns among the people.
The Morung Express gathered the opinions of a few people on the issue. A resident of Dimapur, who owns land in the town center exclaims, “Of course, I want development but I cannot just give away my land without proper compensation.” Another landowner from Dimapur questions as to what a “reasonable and negotiated” rate means.
Reports suggest that the state has been unable to reach a consensus with the land owners on compensation. The proposed Dimapur-Kohima (Zubza) railway line, according to various reports, has been held up due to the failure of successful negotiations on compensations. The Railway Ministry along with the State government have attributed this hold-up to the “exorbitant land rates” charged by land owners.
Janbemo Humtsoe, associated with the Green Foundation, cited inflation of land prices as a major hurdle to government land acquisition. He stated that inflation would occur at specified times when interest in land acquisition was made known. While agreeing that infrastructural and economic development requires land acquisition, he also informed of young entrepreneurs facing a hurdle because of the current land ownership norms. He stated that banks are unwilling to give loans as they cannot hold land as collateral. This, he stated was an impediment to the economic progress of the state.
Bank sources confirmed this point by stating that Dimapur is the only exception for banks to accept land as collateral while releasing loans.
However, Janbemo acknowledged that the “fear of exploitation” plays a major role in the reluctance of land owners. He stressed on people’s concern of land acquisition leading to further exploitation. He asserted that a fair policy approach is needed on this issue.
A village council member from Kohima wondered if the land acquisition policy would be the same for both urban and local areas. He stated “In many places, the land is the only source of livelihood for most people.” This points to the need for monetary compensation, as well, as “proper rehabilitation.”
People who depend solely on their land for income and livelihood stand to bear the brunt of government land acquisition.
The Land Acquisition, Rehabilitation and Resettlement bill which was introduced in the Lok Sabha in 2011 has been held up by the central government as a fair comprehensive policy to compensate people affected by land acquisition.
The bill proposes compensation of at least four times the market value for rural areas and at least double the market value for urban areas. The bill also entitles a member of the land owning family to a job along with various other allowances and resettlement directives.
The bill remained in limbo for about two years due to opposition to certain clauses. However, recent reports suggest that a consensus was reached among political parties on Thursday regarding the bill. Among others, it now allows the state to acquire land only on lease.
In the state, the NPCC voiced its support for the aforementioned bill in 2011. NPCC President, SI Jamir was previously quoted as stating that the bill would lead to “all round development of the country.”
Implementation of the bill in Nagaland is ambiguous, however, due to the exceptional status of the state guaranteed by Article 371 A of the Indian constitution. The draft of the bill does not mention that Nagaland is exempted from the bill. However it may be noted that in cases of land ownership and acquisition, Article 371 A trumps any parliamentary legislation in the centre. Hence, an amendment or a state legislation will be required for the bill to be applicable in the state.
Whether the bill, if passed, will have an effect (directly or indirectly) on the Nagaland state government’s land acquisition policy remains to be seen. However, there is need to have a proper framework for compensation and rehabilitation in order to achieve the people’s trust and co-operation.
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