September 4, 2013: Bill passed in the Rajya Sabha. 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. 2013 - The title has been amended to reflect … Copy tiny URL to save and share articles. PART II ACQUISITION. 1. For planned development, such as creating housing projects for the weaker sections, in rural or urban areas. However, when the land is acquired for setting up private companies, the consent of at least 80% of the affected families is mandatory. 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. 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 majority of the Indian population is depended on lands. The Preliminary Notification shall be published in the following mann… 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. 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. September 27, 2013: Bill receives the president’s approval. All you need to know about RERA Rajasthan. For government-aided educational and research institutions. 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. What will be your top priority while selecting a location in 2021? 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. 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. January 1, 2014: Land Acquisition Act comes into force. 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. This Act may be cited as the Land Acquisition (Public Purposes) Act. 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. 4. 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:— Act I of 1894 The Land Acquisition Act, 1894 CONTENTS PART I PRELI~~NARY. 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 . 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. Your email address will not be published. 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. Impact of Coronavirus on Indian real estate, COVID-19: How to sanitise vegetables, milk packets, deliveries and more. 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. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. 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. 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. 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 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. How carpet area definition changes in RERA. This can result in forceful evictions of land owners, without proper alternate arrangements for their rehabilitation and resettlement. 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. 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. Land Acquisition Act, 1894 & LAAR Act, 2013 22. The acquired property should be used only for public purpose as may be specified under the law. Consent of land Owners. 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. and Another vs. State of Maharashtra and Others, 1994 INDLAW SC 685. Will property prices crash in India due to the Coronavirus outbreak? E-Registration: A major step towards transparency. 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 … Shorl ritlc, cxtcnt and commencemcnl. For developing residential projects for the poor or landless, or for people affected by natural calamities. 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. August 29, 2013: Bill passed in the Lok Sabha. 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. 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 types of projects for which land could be acquired. 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. 5) Compensation for rural area under would be calculated by … Education development by either state or authorities likesociety/co-operative societies Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. 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. 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. The Act fails to adequately define “public purpose”.The current definition, he claims, can be interpreted vaguely. 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. Housing.com does not offer any such advice. Section. The compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. The term ‘public purpose’ has been defined very capaciously, and the following types of projects would be included within its ambit: 1. 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. In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes. 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. ... a clause was introduced which said that if the land acquired for a certain public purpose remained unutilized for a … All views and/or recommendations are those of the concerned author personally and made purely for information purposes. The pros and cons of buying agricultural land. Shrinking Education Budget Has Hit Scholarships For Students From Deprived Communities. “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. 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. Acquiring land: For private project, 80% affected families must agree. 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]. These articles, the information therein and their other contents are for information purposes only. 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. The land owner is not a willing seller, therefore, compensation and the way in which compensation were payable, is to be fair and reasonable. The Land Acquisition Act of 1894 which was imposed in India since the time of British rule. 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