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Context:

• The Centre has decided to amend the Delhi Development Act, 1957 for effective implementation of the land pooling policy, which is aimed at meeting the city’s housing requirement in a planned way.

 

Background:

• In India, the acquisition of land for infrastructural development and resultant challenges has always remained an issue. It’s riddled with an ongoing tussle between authorities and the landowners.
• The enactment of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR, 2013) (Called Land Acquisition Act from now on) in 2013 brought some relief. However, disputes never got resolved.
• Land acquisition as a process requires efficient negotiations and robust rehabilitation policy.
• Despite periodic amendments in the Land Acquisition Act, a number of problems remain persistent such as:

1. the absence of rehabilitation strategy,
2. social impact assessment,
3. inadequate compensation,
4. alleged forced acquisition
5. non-development despite acquisition or forced eviction

• This compelled the policymakers to search for viable alternatives to land acquisition and there emerged the concept of land pooling.
• As land acquisition and requisitioning of land comes under the concurrent list, many States have notified their respective Land Pooling Acts.

 

What is Land Pooling?

• Land pooling is an activity where a group of landowners handover their land parcels to the government collectively for infrastructure development.
• Once the development is complete, the land is handed over to the original owners, after deducting some portion as the cost for the same.
• The primary benefit of land pooling policy is that the ownership remains with the original titleholder.
• It reduces the chances of legal disputes and compensation disbursements.
• However, the land pooling policy requires a certain percentage of landowners to give consent for the procedure.
• Discontent among a certain section of landowners is a common challenge in this activity.

Here is a quick comparison between both the practices.

Land pooling vs. Land acquisition
Land Pooling		Land Acquisition
Advantages	Disadvantages	Advantages	Disadvantages
A self-financing technique and cheaper than land acquisition   Original owners retain title   Lesser chances of land disputes   Equitable sharing of costs and benefits	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	Government owns the land   Fast-tracked development   Provisions of rehabilitation ensure compensation   Often considered a permanent solution for infrastructure development	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

 

• The major benefit of land pooling policy, is that since the policy promotes collaboration, there are increased avenues for Public-Private Partnership (PPP).
• Moreover, the requirement of the prolonged and legally challenging process of land acquisition is done away with.

 

Delhi - A model State in terms of land pooling:

• The motive of sustainable urbanisation is at the core of land pooling policies.
• Delhi is a successful model of land pooling efforts by the administration.
• The land pooling policy of Delhi is designed to address the challenges of urbanisation and ever-increasing demand for sustainable infrastructure.
• Owing to the extensive outreach programmes and awareness campaigns by the Delhi Development Authority (DDA), a total of 6,000 hectares of land was registered on the DDA online portal as of 2019.
• The reasons behind the interest of the landowners were the proposed sector-based approach for development, construction of dwellings on the pooled land, along with the development of trunk infrastructures such as water, electricity and other social amenities.

 

Delhi Development Authority (DDA) The Delhi Development Authority (DDA) is a planning authority created in 1957 under the provisions of the Delhi Development Act. Aim:  To promote and secure the development of Delhi. Mandate: The DDA is responsible for planning, development and construction of Housing Projects, Commercial Lands, Land Management as well as providing public facilities like roads, bridges, drains, Underground water reservoir, Community Centers, Sports Centers, Green Belts etc. within the area of National Capital Territory of Delhi.

 

Current Provisions in Delhi Development Act, 1957:

• Currently, the land pooling policy in Delhi is a voluntary participation scheme which means no land owner can be forced into it.
• They form a registered consortium consisting of multiple land owners and developer entities to pool land for unified planning, servicing and development.

 

Proposed amendments in Delhi Development Act, 1957:

• According to the proposed amendment, it will be mandatory for land-owners to participate in the land pooling policy in sectors where minimum threshold of participation.
• So it is now, obligatory for all land owners to pool their properties once owners of 70% of the developable area in an identified sector have agreed to the move.
• According to the policy, a sector will be eligible for development under the land pooling policy when minimum 70% of the developable area in the sector has been pooled and the pooled land parcels are contiguous.
• The entire pooled land must be bounded on at least one side by a road of minimum 30 metres.
• To begin with, 16 priority sectors—each measuring 100 acres-- are being developed in north and northwest Delhi.

Note: the Centre can declare mandatory land pooling even if minimum threshold participation (70% of land sectors) has not been achieved to ensure time-bound planned development.

 

Increased adoption by States:

• Following the footsteps of Delhi; Maharashtra, Gujarat, Andhra Pradesh, and Tamil Nadu, western State of Rajasthan also recently notified the Land Pooling Act.
• Under this Act, landowners whose land has been acquired will receive 45 percent of the developed land as compensation. Earlier, this threshold was capped at 25 percent.
• In accordance with the amended provisions, the concerned civic body will give a proportionate and developed piece of land to the owner. It will be equipped with necessary infrastructures such as roads, parks, and attached open spaces.
• Under the scheme, the Government will invite expression of interest from farmers and owners of a particular size of land.
• As per the provisions of the Act, the pooled land will be used for infrastructure development, without actually acquiring the land.
• The authorities will act as a facilitator for the development of the land.
• Rajasthan is following the successful ‘land pooling’ model of Mumbai and Delhi.

 

Final Thoughts:

• Land pooling schemes were devised to remove the hassles faced by the tedious land acquisition process.
• Land pooling is a simpler and efficient alternative.
• The primary benefit to the landowners is that they get a developed land piece, with access to infrastructure services, in lieu of an undeveloped land parcel of minimal value.
• The aggregation of scattered land parcels also unlocks a larger landmass for upcoming residential and commercial projects.
• Conclusively, the land pooling schemes are a win-win for both the landowner and the exchequer. The Government gets a vast land bank for development, and the landowner receives a developed land with better surroundings.
• Although the ‘acquisition and requisitioning of the land’ is in the concurrent list of the constitution, the Central Government must frame policies for the progressive removal of the Land Acquisition Act and increased adoption of land pooling schemes.

 

https://www.hindustantimes.com/cities/delhi-news/centre-to-amend-law-for-swift-implementation-of-land-pooling-policy-in-delhi-101646764586336.html