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In search of “missing elements”: comparing two regulations governing compensation for land-use change in India

Student name: Ms Srishti Jain
Guide: Prof. Nandan Nawn
Year of completion: 2022

Abstract:

The demand of land for infrastructure development, urbanization and industrialization to cater the needs of rising population has led to land use changes. Limited supply and high demand for land has resulted in large scale land acquisition in India. An important component of land acquisition is valuation of the land being acquired and the compensation paid to the stakeholders that suffer due to such land use changes. In India, two primary regulations govern land use changes and the associated compensation mechanism. The ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR,2013) which governs the compensation for socio-economic losses due to non-forest land use changes and Forest Conservation Act,1980 (FCA,1980) that governs the compensation for the diversion of forest land for non-forest purposes. It pays Net Present Value (NPV) which is to compensate for the loss of ecosystem services. Hence a gap exists where plural values of land are not compensated for under any. This is a predictive research wherein “missing elements” of compensation are calculated according to the provisions of each regulation. Using a case study technique, “missing elements” of ecological losses are calculated for Jewar International Airport, where socio-economic losses are compensated for according to the provisions of LARR,2013 and further the “missing elements” of socio-economic losses are calculated for a mining lease in the Sundargarh district of Odisha where NPV is paid according to the provisions of FCA,1980. Results show that the present compensation is far less than what it would have been if plural values of land were compensated for under land use changes.