email@example.com 2 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. In the 2011 Supreme Court case of Dev Sharan vs. State of Uttar Pradesh , 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. May 30, 2015: President promulgates the amendment. For various public purposes land is acquired in the State. 5) Compensation for rural area under would be calculated by … Housing.com does not offer any such advice. and Another vs. State of Maharashtra and Others, 1994 INDLAW SC 685. 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. Will property prices crash in India due to the Coronavirus outbreak? 4. Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. These articles, the information therein and their other contents are for information purposes only. This can result in forceful evictions of land owners, without proper alternate arrangements for their rehabilitation and resettlement. The views expressed in this piece are those of the author, and don’t necessarily reflect the position of CBGA. Rehabilitation, and Resettlement Act 2013 (2013 Act) replaced the Land Acquisition Act, 1894 (1894 Act). History of LARR, 2013 The Primary Land Acquisition Act was the Land Acquisition Act of 1894. 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. For any project involving agriculture or allied industries, such as dairy, fisheries or meat processing, owned by the government or by farmer’s cooperatives. 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. Large scale acquisition of land, especially under Special Economic Zone Act, 2005 led to hue and cry. 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. Publication of preliminary notification and powers of … 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. 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. Land acquisition, Rehabilitation, Resettlement Act 2013. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. 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. 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. The Preliminary Notification shall be published in the following mann… The pros and cons of buying agricultural land. Required fields are marked *, © 2020 Centre for Budget and Governance Accountability, India. 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. 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. Most of them agricultural lands, some are depended on urban properties. Section. A closer look into court judgements on land acquisition corroborates the same fact. You can reach Simonti Chakraborty at firstname.lastname@example.org. 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 … In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes. What Does the COVID-19 Lockdown Mean for Food Security? 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. However, when the land is acquired for setting up private companies, the consent of at least 80% of the affected families is mandatory. Copy tiny URL to save and share articles. 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. 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. 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 … Your email address will not be published. Allocating a scarce resource like land in competing and often conflicting uses is not without complications. How Many Indians Should Pay Income Tax (But are not Paying). 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. 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. 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. 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