the government in INDIA takes the land from public at market price.But it sells by AUCTION.is it fair ?

Question

the indian /state govt may need the land for setting up S.E.Z ,ring road etc.Its taking away the land even against the willing ness of individuals ,at market price.
But the govt sells its land to individuals by AUCTION.
and making money.

Answer 1

The Land is always Government land. It is taking for the development of State or Centre and provide indirect and direct employment to public only. Along with other commodoties, land is also one and the recent development and global economy has given a scope for development and the taking of land and selling is common. Auction is the process of doing business and bid and take high price which goes for government treasury only.

Answer 2

Many things in the government are unfair. Only a few are fair. But who fixes the market price when they buy is another question? The government decides on what is the market price. In one of the major land acquisitions the government fixed the market price at Rs.200/- per cent when the market was really at 3000/- a cent!

The story goes further, the owners went to the court on appeal. They are willing to give the land at the market price. The lower court fixed it at 2500/-, the high court fixed it at 1500/- to 2000/- per cent. The government did not pay either; not even their 200/- per cent! :-) Finally, five years later (where is the escalation clause?) the court has at last attached government property against their dues.

Still the government is yet to pay. There goes all the fairness. The biggest fraud and cheat in the country is the government and its agencies. I can prove that in a thousand ways if only some one would listen.

Answer 3

Earlier the Government used to acquire land from individuals to build roads, railway lines, educational institutions, hospitals and for other such establishments required for public purposes.

Now with the new legislation in force i.e. Establishment of Special Economic Zones Act, the definition of public purposes has widened and the Government has been equipped with a greater amount of discretion in matters of acquisition.

It is a fact that the Government acquires land from individuals at a given price. The fixation of price is according to the whim of the authority concerned.
If the Government is acquiring land of a wealthy person, then the wealthy person manages with the authority to secure the best price for his land. But such is not the case when it is the land of the poor.

As far as the grievance of the individuals as to the fixation of the price, there is a procedure under the Land Acquisition Act to seek proper fixation and for enhancement of the price fixed by the authority. For this the aggrieved person has to approach the civil court.

With reference to establishing S.E.Z.'s it is true that the Government is acquiring the land at rates lower than the market value and auctioning it for higher rates to companies. But another significant aspect of the matter is that the auction rate is not even the prevailing market value for the land. It is lesser than the market value. This is only to benefit the company/purchaser. This is utter abuse of the provisions and the objects of the Land Acquisition Act. This action of the Government can be challenged in the High Court under Article 226 of the Constitution of India, as being arbitrary, malafide and in deprivation of the individuals constitutional rights.

In fact in many cases the individuals have approached the High Court and the action of the State has been quashed.

Even if the High Court fails to appreciate the case and declines the relief, which happens sometimes, the individual can as well file a claim petition before the civil court for enhancement of the price/rate. And the fact that the land fetched a better price in the auction conducted by the Government itself, i.e. more than what was paid, is in itself self sufficient to prove the case of the individual and to obtain necessary relief accordingly.

Now one may ask that why shouldn't the Government pay the proper price in the first place. Why should one need to approach the Courts for every thing and anything.

Consider this:

In every case of acquisition the aggrieved person by default approaches the courts for enhancement or other ancillary reliefs. After the initial round of litigation either of the parties i.e. either the land owner or the State approaches the Higher Courts in appeal. Finally the matter concludes in the Supreme Courts.

But recently some of the State Governments realising that they are invariably spending huge amounts for litigating such cases, have decided to put an end to such expensive litigation by entering into a compromise with the land owner at the initial stage of the litigation. This ofcourse was a piece of advise coming from the Higher Courts to the State Governments as well as the Central Governments.

Therefore now it is the companies who induce the Governments to acquire certain pieces of lands for rates much lesser than the market value. But in such cases the Courts have come to the rescue of the land owners.

Law always is comprehensive as well as contemporary subject to minimal exceptions. The problem lies when it comes to enforcement of the law. Every Law provides administrative discretion which is often abused. Therefore one needs to stand against such abuse of power lest it will be the end of the progress of the civilised society.

Answer 4

Government is responsible to ensure that export oriented business is developed so that the nation gets more and more foreign exchange. SEZ is an age old concept for export promotion. However, while land is taken over by the government, it has to be ensured that the really arable lands on which cultivation is done actively and on which a large number of farmers are living on, should not be taken over. Further, adequate compensation should also be guaranteed. The means of livelihood of those who parted with the land should also be taken care of.

Answer 5

It is wrong. The govt. when needs land for widening it pays nominal price that too it takes long time. the govt should pay land value as per the market value. or even more an an incentive as the owner is parting with his land for public purpose

Answer 6

Yes, it is fair, but if the land sells in auction at higher price, some percentage of the difference price should be given to the individual also.

Answer 7

In a way yes, since the one who is selling can not more than market price for his / her part of land, whereas when a bigger size land is sold it fetches more price.

Answer 8

in an auction the land is sold at market price...so the gov't isn't making any money.

Answer 9

ask the people who lost their land by reservation & same land was sold by gov. or authority to builders .

Answer 10

no its never fair
but dear you know general citizen always helpless again govt. i think its one type explode innocent farmers
and thanks for think general public problem