LUCKNOW: Land owners in Uttar Pradesh will now be
entitled to own at least 25% of their total land acquired after the
completion of the development project for which the acquisition had
taken place. The provision is part of the new State Urban Housing &
Habitat Policy (SUHHP) 2014, the draft of which was cleared in principle
by the state cabinet on Wednesday.
Talking to the media after the cabinet meeting concluded, chief
minister Akhilesh Yadav expressed hope that the new policy would do away
with existing provisions which led to exploitation of petty farmers
owning small patches of land. Interestingly, the SUHHP 2014 is broadly
based on the policy that presently exists in Gujarat and has been hailed
by one and all, including the developers and the farmers whose land has
been acquired under the framework.
The cabinet also authorised the chief minister to clear the draft
after required amendments. Once finalized, the SUHHP 2014 will replace
the existing housing policy in UP that was formulated almost 20 years
ago. Despite rampant urbanization over the last two decades, the land
acquisition was made as per the provisions of the policy that came into
being in 1995. Land acquisition by state and central government had led
to major law and order crises in the state in the last few years. The
new policy also minimizes the intervention of the state agencies in land
acquisition process as it provides ample scope for the developer and
the land owner to negotiate directly.
At present, the development authorities pay the farmers once the
district magistrate has awarded the compensation. Still, there is
discontent among the farmers and, many a time, the acquisition process
gets entangled in legal battle, the prime example being the 1,500-acre
Prabandh Nagar scheme in Lucknow which has failed to take off since
2007. The farmers had refused to part with their land even after the
Lucknow Development Authority (LDA) agreed to pay an amount twice the
circle rate.
The SUHHP 2014 will help to eliminate exploitation of the farmers,
particularly those who owned a small patch of land. Most of these small
land owners were till now compelled to accept the compensation offered
by the agency with acquires the land irrespective of the escalation in
value once the area was developed. The new SUHHP was in line with the
framework provided in the National Urban Housing and Habitat Policy that
was cleared by the union government in 2007.
The new draft provides for a system which reduces the burden of
paying compensation to the land owners as it offers ownership in the
developed project directly. The policy is sure to benefit the land
owners particularly in situations where the land is acquired but the
development process takes years after the compensation against land
acquisition is paid.
As per the housing department officials, under the scheme, a compact
area will be selected in consultation with land owners for urban
development. The authority concerned will provide infrastructure through
funds obtained by commercially selling a part of land. The remaining
land, whose value would have increased with the provision of
infrastructure, will be reallocated to the participating land owners.
Land owners, however, cannot claim their own piece of land. The biggest
advantage of this arrangement is that it avoids public discontent and
protests, and, above all, no money is required for acquiring land since
there is no provision for payment of compensation.
In case the land owner’s piece of land is reserved for public utility
like a road, a park and the like, then the land owner would be entitled
to transfer of development rights. Under the new policy, Housing
schemes will have to compulsorily reserve 20% of the housing units for
the poor and financially weaker sections of the society. The parameters
to define the status of the two categories were however yet to be
finalized. In case the acquired land is used for Higher Use category,
then the government would provide legal help to land owners to claim
“Urban Use” fee from the developer.
The new policy also provides for compulsory accommodation of public
utilities in housing schemes which will include public toilets, bus
stops, underpass / foot over bridges for pedestrians, vending zones,
solid waste management transfer station, sanitary landfills and the
like.
The cabinet also decided to encourage use of non motorized vehicles
for mass public transport like Metro rail, CNG based Bus Rapid Transit
System (BRTS) apart from boosting construction and laying of ring roads
and bypass in and around major cities to decongest the crowded
commercial and residential pockets of the state.
http://timesofindia.indiatimes.com/city/lucknow/Land-owners-to-get-25-in-UP-projects/articleshow/29922413.cms