Land Pooling Plans: An Effective Alternative For Land Acquisition

Land Pooling Plans: An Effective Alternative For Land Acquisition

Land pooling plans, which were created as an alternative to the laborious Land Acquisition Act, are rapidly gaining popularity throughout the Indian States. The landowners are more ready to choose this approach than the antiquated Land Acquisition Acts because of the obvious benefit of receiving the developed land in return.

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India's route to becoming a global leader in infrastructure was paved by recurrent disputes between the government and landowners. Some respite was provided by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR, 2013) (hence referred to as the Land Acquisition Act). The Land Pooling Act became a popular option as a result of conflicts over irregular acquisition practices, inadequate compensation, and alleged coerced acquisition. Due to the concurrent nature of land acquisition and requisitioning, many States have made their respective Land Pooling Acts known.

Land acquisition vs. land pooling Since the beginning of the green revolution in India, problems with land acquisition for infrastructure development have persisted. Effective negotiations and a strong

rehabilitation policy are essential to the process of acquiring land. The Land Acquisition Act has undergone recurrent revisions, but issues including the lack of a rehabilitation strategy, a social impact assessment, insufficient compensation, and non-development notwithstanding acquisition or forcible displacement have persisted.

Nevertheless, while being mired in legal wrangling, land acquisition projects have made a significant contribution to infrastructure growth all around the nation. A couple of examples include the simultaneous availability of vast swaths of land and total government ownership. Despite this, the issues of the local populace forced authorities to look for workable alternatives to property acquisition, and the idea of land pooling was born.

When several landowners pool their resources, they provide the government access to a larger portion of their land for infrastructure development. After the development is finished, the land is given back to the original owners after a portion of the cost for the development has been deducted. The ownership remains with the original titleholder, which is the key advantage of the land pooling programme. It lessens the likelihood of legal challenges and payouts for compensation.

The land pooling policy, however, stipulates that a specific proportion of landowners must agree to the procedure. A frequent issue in this activity is the discontent of some landowners.

Here is a brief comparison of the two methods.

Benefits and Drawbacks of a Land Pooling Program Land Pooling Advantages A self-financing technique and cheaper than land acquisition Original owners retain title Lesser chances of land disputes Equitable sharing of costs and benefits

Disadvantages Slow development Capital value appreciation might take time Chances of improper land use in the absence of strict zoning controls Difficult to apply in congested urban areas

Pros and Cons of Land Acquisition Land Acquisition Advantages Government owns the land Fast-tracked development Provisions of rehabilitation ensure compensation frequently regarded as a long-term fix for infrastructure development

Disadvantages Present owners might not be convinced to relocate Poor rehabilitation and inadequate compensation are prime concerns Acquisition of irrigated land is a threat to national food security in the longer run

Speaking of land pooling policy, the main advantage is that more PPP opportunities result from the policy's encouragement of collaboration (PPP). Additionally, the requirement of the drawn-out and difficult legal process of land purchase is eliminated.

In comparison to former periods, the States are in a far better position to consolidate their holdings. The problems caused by growing urbanization are easier to solve with coherent land resources.

A model state for land pooling is Delhi.

Land pooling policies are fundamentally driven by the goal of sustainable urbanization.

Delhi serves as a successful example of how the government can pool land. Delhi's land pooling strategy is intended to address the problems associated with urbanization and the rising demand for environmentally friendly infrastructure. A total of 6,000 hectares (approximately as of 6/2019) (source PIB) of land were registered on the DDA online portal as a result of the comprehensive outreach programmes and awareness initiatives carried out by the Delhi Development Authority (DDA). The proposed sector-based model for development, the construction of 85,000 homes on the pooled property, and the development of trunk infrastructures like water, electricity, and other social amenities were the factors that sparked the landowners' interest.

State adoption has increased.

The western State of Rajasthan recently notified the Land Pooling Act, after Delhi, Maharashtra, Gujarat, Andhra Pradesh, and Tamil Nadu. Owners of the acquired land will get 45 percent of the developed land as compensation under this Act. This threshold's

previous upper limit was 25 percent. The responsible civic body will provide the owner with a proportionate and developed piece of land in compliance with the updated provisions. The required infrastructure, including roads, parks, and adjacent open areas, will be there.

In accordance with the plan, the government would ask farmers and owners of land parcels of a specific size to declare their interest. Without officially purchasing the land, the pooled land will be used for infrastructure development in accordance with the Act's stipulations.

The authorities will operate as a facilitator for land development and will develop land swathes in accordance with the bye-laws and layout guidelines.

In actuality, Rajasthan is imitating Mumbai and Delhi's successful "land pooling" strategy.

Thoughts on the land pooling policy, stating that "land pooling programmes were created to reduce the inconveniences caused by the laborious land purchase procedure. An easier and more effective solution is land pooling. The main advantage for the landowners is that they obtain a piece of developed land with access to infrastructural services rather than a low-value undeveloped land lot. A greater landmass is also made available for forthcoming residential and commercial projects by the consolidation of fragmented property parcels.

In conclusion, land pooling plans benefit both the exchequer and the proprietor. The landowner receives developed land with nicer surroundings while the government gains access to a sizable land bank for development. The Central Government must develop strategies for the gradual repeal of the Land Acquisition Act and a rise in the use of land pooling plans; even if the "acquisition and requisitioning of the land" is listed in the concurrent list of the constitution.

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