Experts say that the Land Acquisition Bill, if
passed in its current form, would slowdown urbanization in the country and
hamper the growth of the economy.
The proposed Land Acquisition Bill is likely to affect the implementation of most of the real estate projects including housing projects. Experts and developers say that if the bill is passed in its present form, it will not only increase the cost of a project but would also prolong the time required to implement the project.
In fact, experts
say that the bill, if passed, would slowdown the planned urbanization and
hamper the growth of the economy.
In modern
times, cities have emerged as engines of growth and the availability of land is
very crucial in this development. According to FICCI, an industry association,
the average time required for acquiring land for industry will be six-seven
years, since there are a number of steps that have been added to the whole
process of land acquisition. The provisions of the bill will be applicable in
cases where land acquisition is 50 acres or more in urban areas or 100
acres or more in rural areas. Cushman and Wakefield, a global consultancy
firm, says that the compensation for land acquisition after the bill is passed
will at least double in urban areas and will go up by four times in rural
areas. Further, the clause of mandatory consent of 80% of the landowners for
private projects, and mandatory consent of 70% of the landowners for
public-private-partnership projects will delay the process of land acquisition,
and the projects in turn.
But the worst is
the provision for leasing out the land to industry by landowners. FICCI said
that the provision should have been discussed with the industry before being
included in the bill. But neither the standing committee nor the government had
earlier suggested the ‘lease’ as an option under the bill.
FICCI says that on
the one hand a lease may significantly reduce the front-end outlays, as the
total compensation will not have to be paid up front, while on the other hand
it has got uncertainty factor attached to it. It said leases have inherent
uncertainty regarding renewals, particularly when the period is short. A lease
may restrict flexibility over development and operations, adding further to the
uncertainties. Also, leased lands will impact mergers and acquisitions, as
there are obvious limitations to the automatic transmission of leases in
rearrangements. The bill continues to prescribe for consent of 80% of “affected
families” for acquisition for private-sector projects and 70% for PPP for the
defined public purpose. FICCI said that “affected families”, and not the
landowners, have been made the basis of consent requirement in any acquisition.
The definition of “affected family” includes agricultural labourers, tenants
including any form of tenancy or holding of usufruct right, share-croppers or
artisans who may be working in the affected area for three years prior to the
acquisition, whose primary source of livelihood stands affected by the acquisition
of land.
This definition of
project-affected families is too wide and it would be practically impossible to
identify the genuine families affected and obtain their consent.
The bill not only
wants the industry to pay for compensation for land to landowners but also for
the relief and rehabilitation (R&R) of the affected families. Compensation
and R&R, as per the bill, will raise the cost of acquisition by six to
seven times for the industry, FICCI said in a paper.
Further, in case
land remains unutilized after acquisition, the new bill empowers the government
to return the land either to the owner or to the state land bank. The period
for the return of unutilized land has been reduced to five years in the bill,
from the earlier stipulation of 10 years.
Now, in case of
infrastructure projects like industrial corridors, the project does not take
off before five years because of problems in clearances. So, the definition of
“unutilized” needs greater clarity; also, five years could be too small a time
period for many infrastructural projects, depending upon the definition adopted
for “unutilised” land.
Further, where
acquired land is sold to a third party for a higher price within 10 years of
the acquisition, 40% of the appreciated land value (or profit) will have be
shared with the original owners. This comes at the top of the already increased
R&R and compensation amount to be paid and will create problems in tracing
the original landowners after some years.
In these
circumstances, Cushman and Wakefield says, besides housing projects, urban
infrastructural projects are the ones that will receive the sharpest blow. In
many instances, this rise in input costs is likely to make many projects
unviable.
The growth of
Indian economy is largely dependent on infrastructural development, which the
government cannot take up singlehandedly; cooperation of the private
sector becomes inevitable. But, the consent clause in the bill will delay the
start of projects and impinge on their viability, C&W says.
Om Chaudhry,
the founder a n d CEO of FIRE Capital, says that land acquisition is
the most critical factor in real estate development and any dislocation here
would create a lot of downstream issues in urban development and hence the country’s
economic growth.
“The state has
gradually reduced its involvement in real estate development over the
years and the private sector has acquired lands on market terms and carried out
the necessary development to expand our urban city infrastructure in order to
cater to the needs of the fast expanding urban population. The government
should suggest a practical and feasible rehabilitation and resettlement
policy,” Chaudhry says.
Harsh Trehan, the
CMD of Trehan Home Developers, says: “Homebuyers will be the most affected
party (if this bill is passed) as the developers will have no option but to
transfer the entire cost increase upon them. It will be a big setback for the
housing sector, especially low-income housing where the shortage is maximum. It
may also jeopardize the slum rehabilitation and resettlement schemes.”
QUICK BITES
IF THE BILL IS
PASSED IN THE PRESENT FORM, IT WILL NOT ONLY INCREASE THE COST OF A PROJECT BUT
WOULD ALSO PROLONG THE TIME REQUIRED TO IMPLEMENT THE PROJECT !