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land acquisition act features

The amendment of LARR Act, 2013 was based on the premise that it would help stalled infrastructure projects. © Copyright 2009-2019 GKToday | All Rights Reserved, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015, Current Affairs [PDF] - December 1-15, 2020, Current Affairs MCQs PDF - November, 2020, Current Affairs [PDF] - November 17-30, 2020. The Mining Act, 2003 j. There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is The Land Acquisition Act, 1894. Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced by the Minister of Rural Development. Of particular concern was that despite many amendments, over the years, to India’sLand Acquisition Act of 1894, there was an absence of a cohesive national law that addressed fair compensation when private land is acquired for public use, and fair rehabilitation of land owners and those directly affected from loss of livelihoods. Land Acquisition Commissioner, following Vejravelu's case it was held that section 40-B, A. P. (Telengana Area) Housing Board Act, 1956, as amended in 1962 violated Article 14 as the basis provided for assessing compensation under that section was different from that provided by section 23 of the Land Acquisition Act, 1894. This act has replaced the previous land acquisition act of 1894. h. The Water Act, Cap 152 i. 1. Their land will be acquired only under exceptional circumstances and that too with the prior consent of Gram Sabha or Autonomous District Councils in fifth schedule. The Land Acquisition Act, 1894 is hereby repealed. Under the 2013 Act, the minimum time required to complete the acquisition process is 50 months. Before the acquisition process starts the government has to carry out a social impact study along with consultation involving local authorities viz. The act also mandates that in case of acquisition of multi cropped area under exceptional circumstances, an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes. The Government of India believed there was a heightened public concern on land acquisition issues in India. LAND ACT [Date of assent: 27th April, 2012.] The ordinance route was resorted as the government was not able to bring the necessary amendment due to frequent disruptions in parliament and lack of majority of the government in the Rajya Sabha. The proposed changes in the Land Acquisition Act would allow a fast track process for defence and defence production, rural infrastructure including electrification, affordable housing, industrial corridors and … Public purpose is defined as land use for strategic purposes, infrastructure and industry. Land Acquisition Act-2013 (AP)-Problems AP revenue officials have told Andhra Pradesh Chief Minister N. Chandrababu Naidu that according to new Land Acquisition Rehabilitation, Resettlement Act, acquisition of land, not only for construction of the new capital … 13/1998. Critics argue that this amendments seems to be more pro-corporate rather than pro-people. LAND ACQUISITION ACT – 2013 AND LAND ORDINANCES – 2014: A MOCKERY OF DEMOCRACY Mr. Karra Kameswara Rao (Karra)∗ Abstract This article presents a clear picture of controversial policies pertaining to land acquisition, resettlement, rehabilitation and compensation. The 2015 bill was amended twice and second amendment bill was passed by the Lok Sabha but got stuck in the Rajya Sabha. However, consent will be not mandatory, when land is acquired by the government for its own use. The aims and objectives of the act are: The act is applicable to all the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir. upto 1st January 2015.After one year the government has to bring amendments to withdraw this exemption but the government was not able to do so. Second, it is important to understand that the land is not purchased but acquired which shows that the owner is not willing to part away from his land. Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made This act was …show more content… Second objective is to ensure and make such arrangements that the land owners whose land is to be acquired are getting just and fair compensation taking into consideration all the economic and social circumstances. The report is submitted to an expert committee who can after due consideration can also disapprove the project. But the amendments change this provision to ensure compulsory employment to at least one member of such an ‘affected family of a farm laborer’. The law has made the compensation too high, thus, stifling investment sentiment in the country. The changes brought by the 2015 second amendment bill as passed by the Lok Sabha are discussed below: First, mandatory consent clause of 80% people in case of private projects and 70% in case of PPP projects is not applicable to the newly defined five categories of land use in the 2015 bill. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law. It adds a provision to state that if an offence is committed by a government employee, he can be prosecuted only with the prior sanction of the government. LARR act 2013 was applicable to the private companies as defines in the companies’ act 1956 or under the Societies Registration Act, 1860. A ‘private entity’ is an entity other than a government entity, and includes a proprietorship, partnership, company, corporation, non-profit organization, or other entity. There will be different land acquisition norms for rural and urban areas. These limits shall not apply to linear projects which include projects for railways, highways, major district roads, power lines, and irrigation canals. The Bill proposes a unified legislation for acquisition of land and adequate rehabilitation mechanisms for all affected persons; replaces the Land Acquisition Act, 1894; Excluded Second, the government may also permit to exempt above categories of land use from Social Impact Assessment clause and from the restrictions of acquisition of multi cropped land clause of LARR act 2013. Under the 2013 Act, if an offence is committed by a government department, the head of the department will be held guilty unless he can show that he had exercised due diligence to prevent the commission of the offence. 2. The much-awaited Land Acquisition Bill has been cleared by the Union cabinet, paving the way for its introduction in Parliament in the current Monsoon Session.. So doing away with the consent clause defies all logic especially when the five categories of land use defined can be extended to comprise any projects under the sun. The market value of the land will be set as higher of: minimum land value, if any, specified in the Indian Stamp Act, 1899 or; average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest vicinity of the land being acquired. Other domain which falls under pubic purpose are-elaborate mention of infrastructure projects, projects for housing for lower income groups or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government. Salient Features of the new land acquisition act: Mumbai: September 29,2013 . Thus, unless it is done the legislation cannot be implemented effectively. But before this amendment bill was brought, the government promulgated an ordinance in December, 2014. The concerns of the delay due to SIA requires hitting the root of the problem that is cutting red tapism etc. LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. Act stipulates to take the consent of affected families also for land acquisition. Fourth, the threshold of the accountability of the government employees has been raised by requiring the prior sanction of the government. The act does not allow acquisition of land under multi cropped area. And finally, states are free to have their own land acquisition laws. The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. New provision says that the period after which unutilized land will need to be returned will be: (i) five years, or (ii) any period specified at the time of setting up the project, whichever is later. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition 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. except under section 46 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same. - (1) Subject to the provision of Part VII of this Act, [appropriate Government] is satisfied, after considering the report, if any, made under section 5A, sub-section (2)], that any particular land is … However if the land is rendered useless for the originally notified purpose, the appropriate government may use it for another purpose. Acquiring land: For private project, 80% affected families must agree. Also, one-third compensation will be provided before acquisition and rest after the process is completed. 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. (Earlier this clause has been wrongfully used to acquire land for private developers.). Declaration of intended acquisition 6. The key criticism of the above law is as follows: Social impact assessment study along with approval from the expert committee etc is a long and infeasible process, according to many business leaders. The term ‘affected families’ has been defined very capaciously, so it would be a challenging task to find all affected families and to obtain their consent for acquiring land. In case of acquisition of land for public-private project then the consent of at least 70% of the affected families should be taken. A critical study is made to bring out the lapses of the original Act Here are the key features of the new draft of the Land Acquisition Bill: Consent of 80 per cent of people will be made mandatory except where land is acquired for public purpose. LARR 2013 calls for employment for at least one member of the family. ... Sub-sections (1) and (2), such conveyance and acquisition of the title to the land shall not be recognized for purposes of this Section; and this Section shall apply as if such land were held by the landowner THE LAND ACQUISITION ACT, 1894. The Bill brings the compensation, rehabilitation, and resettlement provisions of these 13 laws in consonance with the LARR Act, 2013. Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeals. An Act of Parliament to give effect to Article 68 of the Constitution, to revise, consolidate and rationalize land laws; to provide for the sustainable administration and management of land and land based resources, and for connected purposes The provisions of the Act does not apply to acquisitions under 13 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc. However the act was mired into controversies mainly because of lack of specific definition of public purpose, thereby, extending even it to the extent of establishment of business-cum-leisure tourism infrastructure center like villas, golf course, hotels and banquet halls. The Land Acquisition Act, Cap 226 d. The Land Policy, 2013 e. The Registration of Titles Act, Cap 230 f. The National Environment Act, Cap 153 g. The Environmental Impact Assessment Regulation, S.I. Here are the key features of the new draft of the Land Acquisition Bill: Consent of 80 per cent of people will be made mandatory except where land is acquired for public purpose. However, the impact of the new Act on the Industry and economy as a whole also needs to be taken into account. There is no doubt that the process of land acquisition should be smooth so as to ensure smooth setting up of development and infrastructure projects. Urgency clause will be invoked in rarest of rare cases like national defence. Rest were stuck due to lack of funds or other bottlenecks operating in the economy. The Government of India believed that a combined law … 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. 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 compensation to the affected families whose land has been acquired Land acquisition Bill, 2011 Introduction. The salient features of this Act are as follows:- 1. LAND ACQUSITION LAW • The Land Acquisition Ordinance of 1920 was repealed by the Land Acquisition Act in 1966 so as to give the government the power of compulsory land acquisition for public development. Section 96 of Land Acquisition Act 2013 "Exemption from income tax, stamp duty and fees" No income tax or stamp duty shall be levied on any award or agreement made - under this Act. The Act will replace the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule and lays emphasis on Rehabilitation & Resettlement in cases of land acquisition. The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the [99] Land Acquisition Act, 1870, shall be deemed never to have applied, to the acquisition of land for any Railway or other Company, for the purposes of which, [100] [under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, … The bill also includes employment provisions. Salient features: Draft Land Acquisition and Rehabilitation and Resettlement Bill, 2011 Our Bureaus | Updated on March 12, 2018 Published on September 05, 2011 SHARE Declaration that land is required for a public purpose. The purpose of the study is to make public the intended ‘public purpose’, the people affected, extent of acquisition etc. No. Current Affairs for IAS - Land Acquisition objective and analysis - … It is established to adjudicate matters arising out of the implementation of this law. Gram Sabha, Municipality. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. The law was enacted by the British government and by virtue of The Indian independence (Adaptation of Central Acts and Ordinances) Order, 1948 continues to exist as the law of land acquisition in India. Democracy in land acquisition. I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. An Act to consolidate the Acquisition of Land (Authorisation Procedure) Act 1946 and related enactments. Land Acquisition Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialization, development of infrastructural facilities or … The much-awaited Land Acquisition Bill has been cleared by the Union cabinet, paving the way for its introduction in Parliament in the current Monsoon Session. Only then land … Under this the land acquisition can be expedited if it relates to national defense, security and rehabilitation of affected people from natural disasters or emergencies. The Act provides for the establishment of a Land Acquisition, Rehabilitation and Resettlement (LARR) Authority which may be approached in case a person is not satisfied with an award under the Act. They are: (i) defense, (ii) rural infrastructure, (iii) affordable housing (iv) industrial corridors (v) infrastructure projects including Public Private Partnership (PPP) projects where the government owns the land. Third, the social impact assessment clause which was the most important tool to make the citizens understand about the overall modalities of the implementation has been repealed. There is no rationale that why some projects require consent and other does not require consent. The act also regulated the amount of compensation to be given to landowners who had their properties acquired by the government. The new act seeks to establish a cohesive national law that dealt with the compensation, rehabilitation and resettlement issues arising out of process of land acquisition. Therefore by the time all the clearances are actually obtained, the project may lose its relevance or the project cost may significantly rise, so many businesses may simply decide to give it up. [Date of commencement: 2nd May, 2012.] For PPP project, 70% affected families must agree. It will be four times the market value of land in rural areas and twice in urban areas. However the new bill has removed this clause. Land acquired for one purpose cannot be used for another purpose under section 99. If the land acquired is not utilized within a period of five years from the date of taking possession, it shall be redelivered to the original owner. The First Schedule It is way beyond understanding even though the government can override the disapproval of the expert committee overseeing SIA for any land acquisition. Under the LARR Act, 2013, if the acquired land remains unutilized for five years then it has to be returned to the original owners. Moreover, development plan have to be launched within 5 years to ensure their livelihood is not affected. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is also called land acquisition act 2013 and was brought to replace Land Acquisition Act of 1894, enacted during British era. But he government can override the disapproval of the committee. The Lands Act, 2021(1964) Date of Authentication and Publication 2021.8.1(15 November 1964) Amendments: 1. Also improper land records in India compounded the problem. SIDDHARTH HARIANI and ROHITH ASHOK take a closer look at the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013.. Land is a quintessential asset required for the development of infrastructure and urbanisation, both of which form the backbone of India's economic growth. [Polity] Land Ordinance 2014 vs. Land Acquisition Act 2013: Salient … rather than eliminating SIA, the solution to informed consent of land acquisition process. It will be established by the state government as a “One Person” Land Acquisition, Rehabilitation and Resettlement Authority with powers of civil court. While the LARR Act 2013 was applicable for the acquisition of land for private companies, the Ordinance changes this to acquisition for private entities‟. He must be either qualified to be a District Judge or must have seven years law practice experience. The Bill removes this section. The bill proposals include a subsistence allowance of 3,000 per family per month for a year and an annuity of 2,000 per family per month for 20 years. Now the bill substituted private entity in place of private company. The government gave exemption to 13 acts only for a year i.e. The changes proposed in the Bill reduce this time to 42 months. The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. section 24(1) of new land acquistion act 2013 provides that if no award has been made the provisions of new land acquistion act shall apply relating to compensation . It is primarily because committee clearances in India are inextricably intertwined with red-tapism and bureaucratic hassles. For reprint rights: Syndications Today. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process. The Act is applicable when: 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. IAct no. But it is important to look into the valid concerns of the public especially farmers otherwise it will lead to protests and increased dissatisfaction among the public. Therefore, the amendments brought were criticized to be hasty and without any proper consultations. The Land Acquisition Act (Travancore Act XI of 1089) and the Land Acquisition Act (Cochin Act II of 1070) are hereby repealed and the Land Acquisition Act 1894 (Central Act 1 of 1894), shall cease to apply to the Malabar District referred to in sub-section (2) of section 5 of the State Reorganisation Act 1956 (Central Act 37 of 1956). 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The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. Consequently various infrastructure projects failed to take off. The Land Acquisition bill has been renamed as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 . When government acquires the land directly for ‘public purpose’ consent of the land owner is not required. Apart from bringing other changes, it was dome primarily to include those 13 acts under the legislation which were exempted under land acquisition act 2013 as discussed above. In case of acquisition of other agricultural land, total acquisition should not exceed the limit as specified by an appropriate authority. However, according to economic survey data 2015, out of more than 80 % projects stalled only 8% of them were due to issues in land acquisition. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir The accountability of the Union, including central paramilitary forces etc Resettlement provisions of these 13 laws consonance. The prior sanction of the expert committee who can after due consideration can also disapprove project., when land is required for a year i.e other agricultural land, total should... Limit as specified by an appropriate authority has to carry out a social impact study along with involving. And related enactments years to ensure their livelihood is not required: salient … of. Is no rationale that why some projects require consent impact study along with consultation involving authorities. This amendments seems to be a District Judge or must have seven years practice... 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