The Land Acquisition Act (LARR) 2013 marked a significant shift in India’s approach to acquiring land for development purposes. Moving away from the outdated and often criticised practices under the 1894 Act, the new legislation introduced reforms aimed at ensuring fairness, transparency, and consent. It emphasised the need for a more inclusive process, saafeguarding the rights of landowners and communities while facilitating infrastructure and development projects critical to the nation’s growth. But to avoid giving fair compensation, the Maharashtra government started using outdated state laws to acquire land.
States should ideally acquire land in accordance with the LARR Act of 2013, which requires the consent of 70 percent of those affected. In April 2018, the Maharashtra legislature passed an amendment to the LARR Act in the same way that Tamil Nadu did–by inserting Section 105A to exempt the Maharashtra Industrial Development (MID) Act and three other laws from its provisions. In effect, land acquisition for industries, highways, housing and for projects under regional and town plans would not be subject to the LARR Act. It was approved by the President the same month.
Significantly, prior to this, the state was using these older state laws to acquire land. In 2017, the Maharashtra government had issued notices under the Act to acquire land for the Rs 3 lakh crore West Coast oil refinery in Ratnagiri. The project required 15,000 acres from 14 villages, affecting some 30,000 farmers and fisherfolk. The proposal met with resistance from the local farmers, fishermen and residents. A number of farmers led by land activist Ulka Mahajan met the top government officials in Mantralaya in October 2017 and asked why had they used the MID Act when the LARR Act was in force. The officials had no answer. Interestingly, the Chief Minister Devendra Fadnavis had argued that acquiring land under the MID Act was necessary to give a boost to industrialisation in the state. He even went further and incorrectly claimed that it had provisions to seek consent.
The question which was hovering in the minds of the people of Maharashtra was why the LARR Act was amended. There was no logical answer with the government and even ruling BJP. Insiders in the saffron party categorically stated that this move was just to please the party high command. Couple of closest friends of party bigwigs were coming up with mega projects. Through the amendment their entry became effortless. The state leadership thought that this is an excellent opportunity to be in the good books of Delhi bosses.
Maharashtra had violated the Central Act and the Centre had given its silent consent. What happened in the election is history. In the recently concluded Lok Sabha election BJP received a major setback. Maharashtra is in no mood to relent and is continuing to use the MID Act despite the Madras High Court judgement. Is the state awaiting the wrath first of the voters and then from the court.
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