For various public purposes land is acquired in the State. In this case, the state government had borne a token amount of just one rupee from the exchequer towards acquisition and that alone had been enough to grant it a public use status. The latter has brought about a number of much-discussed amendments like the requirement of consent from the landowners while acquiring land, ensuring rehabilitation and resettlement and enhancing the compensation amount manifold. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act): Main features of act: Clearly defines various types of “public purpose” projects for which, Government can acquire private land. Impact of Coronavirus on Indian real estate, COVID-19: How to sanitise vegetables, milk packets, deliveries and more. Things you should know, before you cancel an apartment booking. According to the Act, the government has the right to acquire private land without the consent of the land owners if the land is acquired for a “public purpose” project (such as development of towns and village sites, building of schools, hospitals and housing and state run corporations). Allocating a scarce resource like land in competing and often conflicting uses is not without complications. The market value of the land is determined by the average sale price for similar types of land situated in the nearest village or nearest vicinity area. This can result in forceful evictions of land owners, without proper alternate arrangements for their rehabilitation and resettlement. Over the years, this has given rise to long drawn conflicts, both in the form of legal battles as well as mass movements, fought by the dispossessed groups against the land taking authorities. What changes does the current government want to make in its amendment-by-ordinance to the Land Acquisition Act, 2013? Acquiring land: For private project, 80% affected families must agree. Differences between Land acquisition act of 1894 and 2013 act Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Housing.com shall not be liable in any manner (whether in law, contract, tort, by negligence, products liability or otherwise) for any losses, injury or damage (whether direct or indirect, special, incidental or consequential) suffered by such person as a result of anyone applying the information (or any other contents) in these articles or making any investment decision on the basis of such information (or any such contents), or otherwise. This Act may be cited as the Land Acquisition (Public Purposes) Act. The views expressed in this piece are those of the author, and don’t necessarily reflect the position of CBGA. Act I of 1894 The Land Acquisition Act, 1894 CONTENTS PART I PRELI~~NARY. Land acquisition refers to the process where a government acquires land from land owners for any purpose. gopal.agarwal@bjp.org 2 Known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, this law replaced the archaic Land Acquisition Act, 1894, to bring in a new procedure, which would grant fair compensation to those affected. PART II ACQUISITION. Even the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, which has taken the place of the colonial act of 1894, has failed to address the shortcomings of its legal predecessor, in so far as the ‘public purpose’ clause is concerned. A closer look into court judgements on land acquisition corroborates the same fact. The majority of the Indian population is depended on lands. The pros and cons of buying agricultural land. For developing residential projects for the poor or landless, or for people affected by natural calamities. The Supreme Court’s observation in  Bajirao Kote’s case[1] is particularly noteworthy here, “it is primarily for the state government to decide whether there exists public purpose or not, and it is not for the Supreme Court or the high courts to evaluate the evidence and come to its own conclusion whether or not there is public purpose.” The same reasoning resonated in a number of other court judgements as well. Defini~ions. “The petitioners submit that the Act is violative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,” the petition said. Shrinking Education Budget Has Hit Scholarships For Students From Deprived Communities. The 2013 Act narrowed the definition of ‘public purpose’ i.e. However, when the land is acquired for setting up private companies, the consent of at least 80% of the affected families is mandatory. What aggravates this problem is the involvement of government as an active ‘taker’ of land as it adopts the responsibility of transferring it for alternative uses. The Land Acquisition Act of 1894 which was imposed in India since the time of British rule. Section 2(1) of the act defines ‘public purpose’ as the project which involves land acquisition for strategic purposes or national security and defence of the country. Land acquisition is the power of the union or a state government in India to acquire private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and to compensate the affected land owners for their rehabilitation and resettlement.. Laws that govern land acquisition include the Indian Tramways Act, 1886, the Damodar Valley Corporation Act, 1948, … In the Indian context, the archaic Land Acquisition Act of 1894, based on the principle of ‘eminent domain’ provided an extremely broad definition of the clause and has left enough space over the years for the discretion of the government on this matter. The acquired property should be used only for public purpose as may be specified under the law. This sale price is assessed, by considering one-half of the total number of sale deeds or the agreements to sell, in which the highest price has been mentioned. Dos and don’ts for paying token money for a property purchase. Home » Must Knows » Legal » All about the Land Acquisition Act. For planned development, such as creating housing projects for the weaker sections, in rural or urban areas. Land Acquisition Act, 1894 & LAAR Act, 2013 22. Will property prices crash in India due to the Coronavirus outbreak? The land owner is not a willing seller, therefore, compensation and the way in which compensation were payable, is to be fair and reasonable. History of LARR, 2013  The Primary Land Acquisition Act was the Land Acquisition Act of 1894. It outlines the proposed minimum compensation, based on multiples of the market value. Rehabilitation, and Resettlement Act 2013 (2013 Act) replaced the Land Acquisition Act, 1894 (1894 Act). Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. You can reach Simonti Chakraborty at simonti@cbgaindia.org. The compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. The lax scope of what constitutes a ‘public purpose’ in successive legal doctrines has opened up several loopholes in interpretation of the clause by different stakeholders and has been at the root of many legal battles. The political turmoil resulting from land acquisition for mining and industrial projects led the UPA government to undertake a wide-ranging overhaul of the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR Act, 2013) was enacted. The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire process of land acquisition. The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings: September 7, 2011: Land Acquisition, Rehabilitation and Resettlement Bill, 2011, introduced in the Lok Sabha. For any project involving agriculture or allied industries, such as dairy, fisheries or meat processing, owned by the government or by farmer’s cooperatives. The Act chalks out the provision for providing fair remuneration to the land owners, bringing transparency to the system and directs the government to rehabilitate those who are most affected, because of their land being taken away. The process of acquisition begins with the issuance of preliminary notification, as envisaged under Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. For industrial corridors, manufacturing zones or other projects listed in the National Manufacturing Policy. The Act fails to adequately define “public purpose”.The current definition, he claims, can be interpreted vaguely. The Narendra Modi government introduced the controversial Land Acquisition Amendment Bill in the Lok Sabha amid vociferous protest by almost all opposition parties , in the 2015 pre-Budget session of the Parliament on February 24. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. 2. Copy tiny URL to save and share articles. January 1, 2014: Land Acquisition Act comes into force. This can also include mining activities. No warranties, guarantees, promises and/or representations of any kind, express or implied, are given as to (a) the nature, standard, quality, reliability, accuracy or otherwise of the information and views provided in (and other contents of) the articles or (b) the suitability, applicability or otherwise of such information, views, or other contents for any person’s circumstances. 2013 - The title has been amended to reflect … ... a clause was introduced which said that if the land acquired for a certain public purpose remained unutilized for a … and Another vs. State of Maharashtra and Others, 1994 INDLAW SC 685. Housing.com does not offer any such advice. All you need to know about RERA Rajasthan. Land acquisition is carried out as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Assam Land (Requisition & Acquisition) Act, 1964, the Petroleum and Minerals Pipelines (Acquisition of Right of … Clearly, this calls for a review of how ‘public purpose’ has been defined by the law of the land and also to see the way in which the judiciary and the legislature have tried to address people’s concerns about the same. public purpose without the concurrent of the land owner. Acquisition of Land for Public purposes. Section 11 of Land Acquisition Act 2013 "Publication of preliminary notification and power of officers thereupon" (I) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be … Land acquisition is a process by which the government (state or union) can acquire private land for the purpose of infrastructure development, urbanisation or industrialisation. Land Acquisition is a process by which the Central Government or the State Government acquires the private property of an individual for any public purpose. Thus, it had almost become a trend for the courts to adopt a “hands-off” attitude when it came to curbing the unrestricted power at the hands of the government. The Land Acquisition, Rehabilitation and Resettlement (LARR) Bill, 2011, is a law that lays down various provisions and directions to be followed, while acquiring land anywhere in the country.  Large scale acquisition of land, especially under Special Economic Zone Act, 2005 led to hue and cry. Unfortunately, the shift in the judiciary’s approach to this issue has seemed to play very little role in amending the definition of the concerned clause in the 2013 Act. In return, the government will pay a suitable compensation to the land owner, as per the market value and would be responsible for the rehabilitation and resettlement of the affected land owners. 4. In the midst of such repeated conflicts, the attitude of unfailing judicial deference to government actions started showing some signs of change in a few judgements of recent past. In 2013, the Land Acquisition Act, 1894 was replaced with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. August 29, 2013: Bill passed in the Lok Sabha. Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a preliminary notification under Section 11 in rural or urban areas shall be published. An Act to amend the law for the acquisition of land for public purposes and for Companies. The bench also held that under the provisions of Section 24 (1) (a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in case the award is not made as on 1.1.2014, the date of commencement of Act of 2013, there is no lapse of proceedings. May 30, 2015: President promulgates the amendment. Your email address will not be published. The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes, namely:— the types of projects for which land could be acquired. NEW DELHI: In a major boost to private players scouting for land in the country to set up hospitals and educational institutions, the government will go out and acquire land for them under the comprehensive amendment to the Land Acquisition Act, 2013 wherein it has redefined ‘public purpose’ to now include private hospitals and institutions. Consent is not mandatory for government projects in the latest amendment.  No proper grievance redressal mechanism. The users should exercise due caution and/or seek independent advice before they make any decision or take any action on the basis of such information or other contents. 2.4.3 Public Purpose 2.4.4 Use of Land for Other Purposes 2.4.5 Determination of Compensation under Land Acquisition Act ... 4.2 Land Assembly through RFCTLARR Act, 2013-The Way Forward 4.3 Evaluation of Indian Land Pooling Models 4.3.1 Legal Sanctity: Need for Concrete Legislation and Enabling Institutions ... LAA – Land Acquisition Act LP- Land Pooling LP/LR- Land Pooling / Land … [1] Bajirao T. Kote (Dead) By Lrs. [2] Indrajit C. Parekh of Ahmedabad and Another vs. State of Gujarat and Others, 1975 INDLAW SC 579. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes. Education development by either state or authorities likesociety/co-operative societies The Social Impact Assessment was a must for every acquisition in the Act but the mandatory requirement was removed for security, defence, rural infrastructure and industrial corridor projects in the amendment. In this Act, unless the context otherwise requires:-“authorised officer” means any person who may from time to time be ... be a person interested for the purposes of this Act; “public purpose” means a purpose determined to be a public purpose in accordance with section 4. Section. Prclir#irraty itr ves~igariorr. The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. Why the uptake of Solar Rooftop Connections in City Homes is poor? How Many Indians Should Pay Income Tax (But are not Paying). Consent of land Owners. September 27, 2013: Bill receives the president’s approval. For building public infrastructure but excluding private hospitals, private educational institutional and private hotels. 1. PART II Compulsory Acquisition of Land and Abandonment … The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. For government-aided educational and research institutions. How carpet area definition changes in RERA. Legally, all that was required to validate government’s decision on this matter was bearing a part of the cost of acquisition, however small it might be, from public funds. The Preliminary Notification shall be published in the following mann… What Does the COVID-19 Lockdown Mean for Food Security? Publication of preliminary notification and powers of … E-Registration: A major step towards transparency. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT Public Purpose Includes Infra Structure Development, Housing Projects & Use By Companies under certain Conditions Includes Strategic project Infra Projects Projects for affected families Project from planned development Residential project for the poor. Acquisition of land for developmental purposes has historically been a contentious issue, not only for a country like India, but in many parts of the world. The Act unequivocally states that the government can acquire land for the private sector only for projects that are designed to serve a public purpose. The Land Acquisition Act, 1894 Act 1 of 1894 Keyword(s): Land, Person Interested, Collector, Court, Company, Public Purpose .  Need felt for a more balanced Act. These articles, the information therein and their other contents are for information purposes only. [3] Dev Sharan and others vs. State of Uttar Pradesh and others, 2011 INDLAW SC 149. 5) Compensation for rural area under would be calculated by … An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair … The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to … If the project is undertaken through a public-private partnership, then, 70% of the affected families have to give their consent for the land acquisition process. For any work related to state or national security or defence services of India, which includes naval, military, air force or other armed forces, under the purview of the state or central government. 1. See also: How to arrive at the fair market value of a property, and its importance in income tax laws. Land acquisition, Rehabilitation, Resettlement Act 2013. Required fields are marked *, © 2020 Centre for Budget and Governance Accountability, India. What will be your top priority while selecting a location in 2021? [Repealed.) Projects for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to natio… Since land is a scarce resource in a populated country like India, the government has formulated certain provisions, rules and guidelines, to facilitate infrastructure development in areas where the land is privately owned, or being used for agricultural purposes. September 4, 2013: Bill passed in the Rajya Sabha. In the 2011 Supreme Court case of Dev Sharan vs. State of Uttar Pradesh [3], the Apex Court itself had critiqued the state’s efforts at diluting the said clause by pointing out that, “Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people especially of the common people defeats the very concept of public purpose.” A similar active and critical stance, against government action, was adopted by several benches in subsequent cases as well. Nothing contained in the articles should be construed as business, legal, tax, accounting, investment or other advice or as an advertisement or promotion of any project or developer or locality. The judiciary’s role in safeguarding the interests of the state reached ridiculous proportions in Indrajit C. Parekh of Ahmedabad vs. State of Gujarat [2]. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:— Generally, the purpose is related to development projects conducted either by PSUs (Public Sector units) or the private sector. Subject to the provisions of Part VII of this Act, 25 [when the] 26 [appropriate Government] is satisfied after considering the report, if any, made under section 5A, sub-section (2), that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders 27 … Section 26 of the Act that deals with compensation for the land owners. Your email address will not be published. Yes, the government can take your land for building infrastructure or economic zones. However, when it comes to modifying the ‘public purpose’ clause, the legislative intent has been found to be extremely weak. All views and/or recommendations are those of the concerned author personally and made purely for information purposes. The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire process of land acquisition. The judiciary’s token response in such instances has been to simply not engage with the discussion of what represents a ‘public purpose’ by merely upholding the decision of the government. Shorl ritlc, cxtcnt and commencemcnl. We examine the main provisions of the Land Acquisition Act in India, the purposes for which it can be used and how it affects land owners, Provisions and purpose of land acquisition, Compensation under the Land Acquisition Act, How to arrive at the fair market value of a property, and its importance in income tax laws, difference between land acquisition act 1894 and 2013, Griha Pravesh Muhurat 2020: Best dates for a house warming ceremony. 2. Given this logic in place, literally any act of acquisition by the government could then be justified in the name of public benefit, by paying as less as a penny, with literally no regard to the genuine public utility of it. Even the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, which has taken the place of the colonial act of 1894, has failed to address the shortcomings of its legal predecessor, in so far as the ‘public purpose’ clause is concerned. Under the previous Land Acquisition Act of 1894, once land was acquired by the State and compensation was paid, the land belonged to the State. Most of them agricultural lands, some are depended on urban properties. Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 a) Defence Purpose b) Public Purpose c) Private Purpose d) Government Use Answer : Public Purpose 2) When The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and ... Land Acquisition Act Answer : Land Acquisition Act .  Non consultative, Non transparent, Low compensation. The common thread of resistance running through many of such conflicts, like Singur and Nandigram in West Bengal, anti-Posco and Kalinganagar struggles in Orissa or anti-SEZ movements in Maharashtra, is that agricultural or forested lands and tribal settlements are being acquired by the government for setting up of private enterprises in the name of purported ‘public purpose’. As India moves towards rapid urbanisation, the absence of a taut definition of what can be termed as a ‘public purpose’ would continue to trigger aggressive litigations while still leaving ample scope of manipulation by the land acquiring authorities to suit their needs. Fiscal Architecture, Fund Flow and Utilisation, Urban Governance and Other Public Policy Issues, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, The Gendered Impact of COVID-19 on School Education, Formula for disempowerment of persons with disabilities, Rajasthan needs to invest more in secondary education of girls, Beg your pardon: Give children food, shelter, education, not alms. Aggrieved landowners have repeatedly challenged the government’s action on the ground that the proposed purpose for acquiring their land is not justifiable to them and are clearly meant for setting up of private enterprises. As per the Act, the government of India (state, as well as central) can procure land for its own use or for public sector companies or for ‘public purpose’, which can include any of these: When the government acquires land for public purposes and controls the land bank directly, the land owners’ consent is not a necessity. The term ‘public purpose’ has been defined very capaciously, and the following types of projects would be included within its ambit: 1. Earlier, multi-cropped land could not be acquired for any purpose but according to the latest amendment, even multi-crop irrigated land can be acquired for security and social infrastructure projects. Tax ( But are not Paying ) notification and powers of … Acquisition of land, especially under Special Zone... Required fields are marked *, © 2020 Centre for Budget and Accountability! ) or the private Sector families must agree Tax ( But are not Paying.! 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