A hard ‘land’ing
The Lok Sabha has passed the Land Acquisition Bill,
2011 (renamed as the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Bill 2012) on 29th August, 2013.
Although high on intent, we view the Bill as an
incrementally negative development for real estate,
infrastructure projects (ports, airports and power
assets) and manufacturing-intensive sectors such as
autos and mining.
Our major concern is not the higher compensation
proposed for land owners/project-affected people,
but the entire acquisition process getting delayed.
This is owing to (1) requirement of consent of 70-80%
of landowners (2) creation of multiple bureaucratic
layers to approve acquisition (3) absence of proper
land title records in India (4) difficulty in ascertaining
market value of land and (5) identification and
rehabilitation and resettlement of not just
landowners but also project-affected people. We
believe that the requirement for compliance with the
Land Acquisition Bill and requisite environmental
clearance will likely result in any new project taking
4-5 years for entire acquisition process to be
completed. We believe that listed realty companies
may only be marginally affected owing to existing
land bank of 15-25 years. However, setting up new
projects in the industrials/ manufacturing space may
face significant hurdles.

Major features of the Bill
 The salient features of the Bill include (a) Rehabilitation
and Resettlement (R&R) made part of the Land
Acquisition Bill (b) Allows government to acquire land
for private companies for public purposes without
specifying minimum land (to be acquired) by private
companies (c) Compensation package includes 4x
higher of registered/minimum land value for rural
areas and 2x for urban areas (d) R&R package includes
land losers as well as livelihood losers (e) Consent of
80% of land owners in case of private projects, 70% in
case of PPPs and (f) Special additional provisions for
displacement of STs.
Impact : Increased costs and delays for projects
 We believe that the cost of land acquisition will
increase 3-4x for companies as a result of the passage
of this Bill. In addition to the enhanced compensation
for land, inclusion of other costs such as subsistence
allowance, annuity payments, transportation &
resettlement allowance and compensation in lieu of
employment are dampeners. Additionally, the Bill
requires for 25 infrastructure facilities to be provided
in the resettlement areas including health centres,
schools and drinking water.
 The Bill envisages creation of multiple layers of
clearances required to complete the land acquisition
process similar to environmental clearances. As a
result, we are of the view that the entire land
acquisition process for a project may take 4-5 years.

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