Wednesday, December 31, 2014

Impact of Land Acquisition Act Ordinance Dec 2014

Impact of Land Acquisition Act Ordinance Dec 2014


On 29th Dec 2014 the government of India has amended the last land acquisition bill 2013 passed by UPA-2 govt. There is no change in compensation, rehabilitation and resettlement. It is an attempt to balance the interest of land owner and industry. Two important implications are of the amendments are: A) It shortens the land acquisition cycle time for certain kinds of projects. B) Increases the cost of land acquisition for projects in sectors that were earlier exempted from paying market linked compensation.

·         Our preliminary reading of the changes indicates that the impact is likely to be mixed with the amendments giving relief only to select five sectors. For the others, problems continue to be the same as before and for some others they increase.

·         Private manufacturing sector (based on our reading) seems to have been by and large bypassed by the amendments. Incrementally, there is no relief. We are, therefore, unclear if the amendments are good enough to vigorously push the ‘Make in India’ initiative and push up the share of manufacturing sector in the economy.

·         At this stage it is unclear as to what role state governments will play in easing the problems connected with land acquisition by private industry. State governments have been given the leeway to enhance the compensation and R&R benefits beyond those in the Central Act. Our understanding is that state governments have also been given the leeway to determine as to what size of projects this Act will be applicable on.

·         Pushing the ordinance in Parliament is the next big hurdle considering that the National Democratic Alliance (NDA) government is in a minority in Rajya Sabha. It remains to be seen if incremental investments (even in the five favoured sectors) flow through in case the amendments are not ratified by Parliament.

·         The IRR (internal rate of return) on projects in those sectors that have not been exempted and those which have been newly brought under the purview like coal mining, metro railways, etc  is likely to fall because of onerous compensation and R&R clauses.

·         With greenfield projects in the private manufacturing space as difficult to set up as before (based on our current reading), the valuation of land-intensive sectors is likely to rise in the coming days as capacity addition becomes a constraint.

·         We believe the benefits of the amendments (when they are legislated and even in their current limited scope) could have positive impact on multiple parts of the economy – consumption (from more money in the hands of the land sellers), investment (in the five areas that have been designated for better terms), banking (from lower NPAs and better credit growth), etc.


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Warm regards,
Arvind Trivedi
Certified Financial Planner

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