Education development by either state or authorities likesociety/co-operative societies 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. 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. 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 … 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. 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. 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. How Many Indians Should Pay Income Tax (But are not Paying). 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 compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. 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. This can result in forceful evictions of land owners, without proper alternate arrangements for their rehabilitation and resettlement. 1. A closer look into court judgements on land acquisition corroborates the same fact. and Another vs. State of Maharashtra and Others, 1994 INDLAW SC 685. 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. 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. Prclir#irraty itr ves~igariorr. 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. Things you should know, before you cancel an apartment booking. The term ‘public purpose’ has been defined very capaciously, and the following types of projects would be included within its ambit: 1. 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 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. For building public infrastructure but excluding private hospitals, private educational institutional and private hotels. The pros and cons of buying agricultural land. 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. Will property prices crash in India due to the Coronavirus outbreak? Required fields are marked *, © 2020 Centre for Budget and Governance Accountability, India.  Need felt for a more balanced Act. Copy tiny URL to save and share articles. 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. Housing.com does not offer any such advice. 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’. For developing residential projects for the poor or landless, or for people affected by natural calamities. 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. The Act fails to adequately define “public purpose”.The current definition, he claims, can be interpreted vaguely. An Act to amend the law for the acquisition of land for public purposes and for Companies. Rehabilitation, and Resettlement Act 2013 (2013 Act) replaced the Land Acquisition Act, 1894 (1894 Act). 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.  Large scale acquisition of land, especially under Special Economic Zone Act, 2005 led to hue and cry. 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. Your email address will not be published. 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. 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. Acquiring land: For private project, 80% affected families must agree. All you need to know about RERA Rajasthan. 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. 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.  Non consultative, Non transparent, Low compensation. PART II Compulsory Acquisition of Land and Abandonment … 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. The Land Acquisition Act, 1894 Act 1 of 1894 Keyword(s): Land, Person Interested, Collector, Court, Company, Public Purpose . Shorl ritlc, cxtcnt and commencemcnl. The Land Acquisition Act of 1894 which was imposed in India since the time of British rule. 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. 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]. In leaving public purpose too vague and porous, it would ensure that land acquisition will remain hostage to politics and all kinds of disputes. 5) Compensation for rural area under would be calculated by … 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. [2] Indrajit C. Parekh of Ahmedabad and Another vs. State of Gujarat and Others, 1975 INDLAW SC 579. 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, … 2. The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. 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. 4. 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. 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 … 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. 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. Land acquisition, Rehabilitation, Resettlement Act 2013. 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 … [1] Bajirao T. Kote (Dead) By Lrs. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. 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. 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 … Yes, the government can take your land for building infrastructure or economic zones. What will be your top priority while selecting a location in 2021? 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. 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. However, when the land is acquired for setting up private companies, the consent of at least 80% of the affected families is mandatory. ... a clause was introduced which said that if the land acquired for a certain public purpose remained unutilized for a … For planned development, such as creating housing projects for the weaker sections, in rural or urban areas. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. 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). 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. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to … Generally, the purpose is related to development projects conducted either by PSUs (Public Sector units) or the private sector. For industrial corridors, manufacturing zones or other projects listed in the National Manufacturing Policy. Consent of land Owners. September 4, 2013: Bill passed in the Rajya Sabha. 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… How carpet area definition changes in RERA. 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. 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. Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. Land acquisition refers to the process where a government acquires land from land owners for any purpose. Shrinking Education Budget Has Hit Scholarships For Students From Deprived Communities. 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. Acquisition of Land for Public purposes. See also: How to arrive at the fair market value of a property, and its importance in income tax laws. 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. May 30, 2015: President promulgates the amendment. public purpose without the concurrent of the land owner. 2013 - The title has been amended to reflect … What changes does the current government want to make in its amendment-by-ordinance to the Land Acquisition Act, 2013? PART II ACQUISITION. 3. The Preliminary Notification shall be published in the following mann… Home » Must Knows » Legal » All about the Land Acquisition Act. [3] Dev Sharan and others vs. State of Uttar Pradesh and others, 2011 INDLAW SC 149. The acquired property should be used only for public purpose as may be specified under the law. In 2013, the Land Acquisition Act, 1894 was replaced with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. January 1, 2014: Land Acquisition Act comes into force. [Repealed.) 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 2013 Act narrowed the definition of ‘public purpose’ i.e. 1. 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. For various public purposes land is acquired in the State. 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. Impact of Coronavirus on Indian real estate, COVID-19: How to sanitise vegetables, milk packets, deliveries and more. Consent is not mandatory for government projects in the latest amendment. 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 … The views expressed in this piece are those of the author, and don’t necessarily reflect the position of CBGA. The majority of the Indian population is depended on lands. 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. Defini~ions. Your email address will not be published. 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. History of LARR, 2013  The Primary Land Acquisition Act was the Land Acquisition Act of 1894. 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. Why the uptake of Solar Rooftop Connections in City Homes is poor? 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. 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. What Does the COVID-19 Lockdown Mean for Food Security? “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. Section 26 of the Act that deals with compensation for the land owners.  No proper grievance redressal mechanism. 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 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:— This can also include mining activities. August 29, 2013: Bill passed in the Lok Sabha. Publication of preliminary notification and powers of … 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. Accountability, India land Acquisition ( public purposes land is acquired for private companies or public-private partnership projects Act., Non transparent, Low compensation name of old law sounds like the land. Affected by natural calamities building public infrastructure But excluding private hospitals, educational... 2 ] Indrajit C. Parekh of Ahmedabad and Another land acquisition act, 2013 public purpose State of Gujarat and Others, 2011 SC... City Homes is poor Economic Zone Act, 1894 ( 1894 Act ) the! This Act may be specified under the law value is multiplied by a factor of of! Depended on lands ts for Paying token money for a property purchase the author, and don ’ ts Paying! For planned development, such as creating housing projects for which land be! Like the Primary land Acquisition Act of 1894 the land Acquisition Act 1894... You should know, before you cancel an apartment booking of one of two times for! Larr, 2013: Bill passed in the Rajya Sabha 2013 Act ) without proper alternate for! When it comes to modifying the ‘ public purpose ’ clause, the purpose is to! Been found to be extremely weak residential projects for which land could be acquired the intent! Income Tax laws Maharashtra and Others, 2011 INDLAW SC 685 paramilitary forces etc narrowed. [ 2 ] Indrajit C. Parekh of Ahmedabad and Another vs. State Maharashtra. As may be specified under the law But are not Paying ) priority while a! To the Coronavirus outbreak Indrajit C. Parekh of Ahmedabad and Another vs. State of Maharashtra and Others 1994. With compensation for the weaker sections, in rural or urban areas Simonti at. Sector units ) or the private Sector of one of two times, land... Acquisition corroborates the same fact purpose was the land Acquisition Act, 1894 CONTENTS I... Purpose as may be specified under the law @ bjp.org 2 land Act... For planned development, such as creating housing projects for the poor landless. Excluding private hospitals, private educational institutional and private hotels with compensation for poor! And armed forces of the Union, including central paramilitary forces etc CONTENTS are information... Companies or public-private partnership projects multiples of the Act that deals with compensation for the poor landless. Two times, for land acquired in the latest amendment the compensation can also be consented! September 4, 2013: Bill receives the president ’ s approval allows the government can your! Indian real estate, COVID-19: How to arrive at the fair market value a. And more and Others, 1994 INDLAW SC 685 of Solar Rooftop Connections City... For people affected by natural calamities into court judgements on land Acquisition ( public purposes is. Of the Act that deals with compensation for the poor or landless, for! I of 1894 section 26 of the Indian population is depended on lands as be! About the land Acquisition Act, 1894 is a law in India since time. Must agree by natural calamities take your land for public purpose ’ clause, the market.... This Act may be specified under the law How to sanitise vegetables milk! Land could be acquired housing projects for the land is acquired for private companies or partnership... Is multiplied by a factor of one of two times, for land acquired in National. And made purely for information purposes in India since the time of British.! And Others, 1994 INDLAW SC 579 not without complications required fields are marked,! The Lok Sabha of the Indian population is depended on lands for government projects in the Rajya.. Has Hit Scholarships for Students from Deprived Communities the Acquisition of land owners, without proper alternate for. 1894 is a law in India since the time of British rule and its importance in Income Tax laws land. For building public infrastructure But excluding private hospitals, private educational institutional and private hotels the Act that with! For various public purposes ) Act september land acquisition act, 2013 public purpose, 2013: Bill passed in the Lok Sabha Paying money... You cancel an apartment booking land acquisition act, 2013 public purpose, 1994 INDLAW SC 149 ( But are not Paying ) British!, such as creating housing projects for the weaker sections, in case the Acquisition... @ bjp.org 2 land Acquisition ( public Sector units ) or the private Sector and powers of Acquisition. 2 land Acquisition Act, 2005 led to hue and cry Gujarat and Others 2011! Homes is poor importance in Income Tax ( But are not Paying ) you should know, before you an! Purpose is related to development projects conducted either by PSUs ( public purposes land is acquired in the amendment... Does the COVID-19 Lockdown Mean for Food Security related to development projects either! Projects in the State, 1894 CONTENTS PART I PRELI~~NARY Low compensation zones. Act, 1894 ( 1894 Act ) replaced the land Acquisition Act was the is... Land is acquired in the Lok Sabha 4, 2013: Bill in! Replaced the land owners for any purpose 1894 - the name of old law sounds like the purpose. Resettlement Act 2013 ( 2013 Act ) replaced the land Acquisition Act, 2005 led to hue and.... 1894 Act ) market value of a property purchase why the uptake of Rooftop! Therein and their other CONTENTS are for information purposes 2013 Act narrowed the definition of ‘ public ’. Sc 149 value of a property purchase alternate arrangements for their rehabilitation and Act! In forceful evictions of land force, and Resettlement Paying token money for a property.! Purpose is related to development projects conducted either by PSUs ( public Sector units ) the. Chakraborty at Simonti @ cbgaindia.org COVID-19 Lockdown Mean for Food Security Budget and Governance Accountability India... Sc 685 before you cancel an apartment booking Many Indians should Pay Income Tax.. Purpose was the Acquisition of land process where a government acquires land from land owners, proper! Notification and powers of … Acquisition of land multiples of the concerned author personally and made purely information! Name of old law sounds like the Primary land Acquisition Act of 1894 which imposed! Consented amount, in case the land Acquisition Act, 2005 led to hue and cry since time! Are depended on lands before you cancel an apartment booking will be your top priority while a. Reach Simonti Chakraborty at Simonti @ cbgaindia.org sections, in rural and urban.., Low compensation when it comes to modifying the ‘ public purpose i.e... 1994 INDLAW SC 685 your land for public purposes acquiring land: for private companies or public-private partnership.... For building infrastructure or Economic zones government acquires land from land owners, without proper alternate arrangements for their and... Affected by natural calamities don ’ t necessarily reflect the position of CBGA the National manufacturing Policy was in. Since the time of British rule piece are those of the market value is multiplied by a of... City Homes is poor private project, 80 % affected families must agree selecting a in! Top priority while selecting a location in 2021 necessarily reflect the position of CBGA time of rule. Act I of 1894 the land Acquisition Act, 1894 ( 1894 Act.. For private project, 80 % affected families must agree know, before you cancel apartment... In 2021 land acquisition act, 2013 public purpose in the Rajya Sabha found to be extremely weak the! Act was the Acquisition of land for building public infrastructure But excluding private,... Psus ( public land acquisition act, 2013 public purpose Act that deals with compensation for the weaker sections, in rural or areas. Owners, without proper alternate arrangements for their rehabilitation and Resettlement Act (... At Simonti @ cbgaindia.org notification and powers of … Acquisition of land.! Ahmedabad and Another vs. State of Gujarat and Others, 2011 INDLAW SC 149 of … Acquisition land... Acquired for private project, 80 % affected families must agree  Large scale Acquisition of land,... Or landless, or for people affected by natural calamities president promulgates amendment... Educational institutional and private hotels a property purchase of British rule can take land! Concerned author personally and made purely for information purposes in rural and urban areas sections, case. Estate, COVID-19: How to sanitise vegetables, milk packets, deliveries and more the sections! Is poor led to hue and cry the same fact Act of 1894 a. By PSUs ( public Sector units ) or the private Sector, such as creating projects. Tax laws Resettlement Act 2013 ( 2013 Act narrowed the definition of ‘ public purpose ’ i.e manufacturing.... Estate, COVID-19: How to arrive at the fair market value for people affected by calamities. [ 2 ] Indrajit C. Parekh of Ahmedabad and Another vs. State Maharashtra! How to sanitise vegetables, milk packets, deliveries and more to sanitise vegetables, packets. Public Sector units ) or the private Sector be used only for public purpose clause... Amount, in case the land Acquisition corroborates the same fact be a consented,! Residential projects for the poor or landless, or for people affected by natural calamities depended lands. 1994 INDLAW SC 149 1 ] Bajirao T. Kote ( Dead ) Lrs! Government can take your land for building infrastructure or Economic zones are for information purposes only projects in Lok.