commentary on new land acquisition act ( larr),2013

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Commentary on LARR-2013 © Naveen Kumar “Global Experience Local Expertise” 1 Commentary on LARR-2013 Introduction The Power of the sovereign to take individual property for public use (called in America Eminent Domain- an expression believed to have been first used by Grotius), and the resulting rights of the owner to compensation are well established. In justification of the power, two maxims are often used: 1. ―salus populi est suprema lex‖ = Public welfare is the highest law 2. ―necessitas publica major est quam privata‖ = Public necessity is greater than private necessity Land is regarded to be the Life of Indian society, and Land reforms have been major instruments for social transformation. Thus the Land and Land reforms issues are the focal point of the political and economic agenda of the country. But every concern Government neglected the social legislature on land acquisition, Land reforms have been given a feebly attempted at various times and this has proved to be a case of the remedy being worse than the disease and this was the core substance of every resistance movement in Indian history. Land and Reforms are the correlative terms in Indian History. Right from the British Raj, and till recent years (before LARR-2013), the Land Acquisition and Reforms Acts, were unbalanced, it generally look at as a forced measure, with the shadow of “Public Purpose”. Land acquisition refers to the process by which the government forcibly acquires private property for public purpose without the consent of the land owner, which is different from a market purchase of land. History Land Acquisition Legislature in India Synopsis 1. Ancient time 2. Colonial period 3. Post independent 1. ANCIENT TIME Right from Vedic age, the principle of private property and private ownership has been recognized. At the same time, there was nothing called absolute ownership with respect to land. It is an amazing fact that land was never regarded to be the

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A Comprehensive Guide to Land Acquisition Act (LARR), 2013, Equipped with Important Case Laws, Judicial Interpretations, Analysis of Sections, Comparative analysis of Old and New Laws related to Land Acquisition In India , Illustrative diagrams, process flow charts, comparative tables in easy language, Analysis of Allied laws , Important FAQ

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Page 1: Commentary on New Land Acquisition Act ( LARR),2013

Commentary on LARR-2013 © Naveen Kumar “Global Experience Local Expertise”

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Commentary on LARR-2013

Introduction

The Power of the sovereign to take individual property for public use (called in

America Eminent Domain- an expression believed to have been first used by

Grotius), and the resulting rights of the owner to compensation are well

established. In justification of the power, two maxims are often used:

1. ―salus populi est suprema lex‖ = Public welfare is the highest law

2. ―necessitas publica major est quam privata‖ = Public necessity is

greater than private necessity

Land is regarded to be the Life of Indian society, and Land reforms have been

major instruments for social transformation. Thus the Land and Land reforms

issues are the focal point of the political and economic agenda of the country. But

every concern Government neglected the social legislature on land acquisition,

Land reforms have been given a feebly attempted at various times and this has

proved to be a case of the remedy being worse than the disease and this was the

core substance of every resistance movement in Indian history.

Land and Reforms are the correlative terms in Indian History. Right from the

British Raj, and till recent years (before LARR-2013), the Land Acquisition and

Reforms Acts, were unbalanced, it generally look at as a forced measure, with the

shadow of “Public Purpose”. Land acquisition refers to the process by which the

government forcibly acquires private property for public purpose without the

consent of the land owner, which is different from a market purchase of land.

History – Land Acquisition Legislature in India

Synopsis

1. Ancient time

2. Colonial period

3. Post independent

1. ANCIENT TIME

Right from Vedic age, the principle of private property and private ownership has

been recognized. At the same time, there was nothing called absolute ownership

with respect to land. It is an amazing fact that land was never regarded to be the

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property of any King or monarch but it was the property of the village, and the

intervention of the sovereign being limited to a share of usufruct for the protection

he provided in return, even in Hindu period or in Muslim period. In fact it was the

common behavior of the sovereign that peasants were allowed to continue to enjoy

customary rights over land they occupied, and generally could not be evicted

unless they failed to pay the required land revenue (land tax) to the state.

With the arrival of the East India Company in the Seventeenth Century, the

agrarian structure underwent radical change. And Land became the instrument of

revenue generation only, and the principle of private property and private

ownership has been completely neglected.

The Land Reforms Policy adopted since Independence aims at restructuring

agrarian relations to achieve an democratic social structure; elimination of

exploitation in land relations; realizing the age-old goal of land to the tiller;

increasing agricultural productivity and production and infusing equality in local

institutions.

2. COLONIAL PERIOD

The ulterior desired of British Government was to maximum satisfaction of their

ulterior motive of extortion of Indian resources, to execute such clandestine

desired the Government, established such Laws, which Indicate only English

purposes i.e. consolidate colonial commercial interests, and The Land

acquisition Act, 1894 was enacted for the purpose of COMPULSORILY

ACQUIRING OF LAND required for public purpose or for purpose of companies.

BANGAL REGULATION I OF 1824

The first attempt of acquisition of property was made by Britisher in 1824, by

Bengal Regulation I Of 1824, the Act applied throughout the whole of the

provinces immediately subject to the Presidency of Fort William. The Act

provided the rules for enabling the officers of Government to obtain, at a fair

valuation, land or other immovable property required for Roads, Canals or other

Public Purposes.

Act XXVIII of 1839

In Bombay Act XXVIII of 1839 declared widening or altering any existing public

road, street or other thoroughfare or drain or for making any new public road,

street or other thoroughfare within the meaning of public purpose.

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ACT I OF 1850

By Act I of 1850, some of the provisions of the Regulation were extended to the

town of Calcutta with the object of “confirming the title to lands in Calcutta taken

for public purposes.

Act XLII of 1850

When Britisher establish the Railway network for their ulterior motive, it had been

felt that the acquisition of land is also need for Railways, and the Act XLII of

1850, declared that Railways were public works, and the land can be acquire for

the same.

Act XX of 1852

In Madras Act XX of 1852, were passed for the purpose of facilitating the

acquisition of land for public purpose.

Act VI 1857

Act VI 1857 repealed all previous enactments relating to acquisition and its

objects, as per preamble, was to make better provisions for the acquisition of land

needed for public purpose within the territory of East India Company, and it also

determined of the amount of compensation to be paid for the same. Under this Act

the Collector was empowered to fix the amount of compensation by agreement, if

possible, but if there was no such agreement, the dispute had to be referred to

arbitrators, whose decision was to be final and could not be overruled except on

the ground of corruption or misconduct of arbitrators.

Acts II 1861, XXII 1863, Act X of 1870

But later on due to the corruption this Act was amended by the Acts II 1861 and

XXII 1863 but there was no provision of appeal against the arbitrator award;

hence Act X of 1870 was passed, this act first time provided a reference for a civil

court if the Arbitrator could not settle the amount of compensation by agreement,

it not only provided details procedure for acquisition of land but also elucidate the

specific rules for accreting the compensation amount

Land Acquisition Act 1894

Land Acquisition Act 1894, proved to be the mile stone in the Indian land

Acquisition enactments, it was completely a self-contained act. Since then

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various amendments have been made from time to time but the administrative

procedures have remained same.

Government of Indian Act, 1919 and Government of Indian Act 1935

Government of Indian Act, 1919 and Government of Indian Act 1935, Extended

the power to the Provinces to legislate with respect to compulsory acquisition of

land.

Land Acquisition Act 1923

In this Amendment act first time given the opportunity to the person interested in

the land proposed to be acquired to state their objections to the acquisition and

to be heard by the authority concerned in support of their objections, by

amending the Section 5A of the Act. This could be possible only because the

elections which enabled Indian leaders into the local administration, but it was also

a surprising fact that, Government was not bound to execute such objections.

3. Post Independence Amendments in Land Acquisition Act 1894

The Land Acquisition Act of 1894 allowed the government to acquire private

lands. It was the only legislation pertaining to land acquisition which, though

amended several times, had failed to serve its purpose. Under the 1894 Act,

displaced people were only liable for monetary compensation, which was still

somewhat negligible. Many that get displaced are from the poorest sections; the

majorities were tribal and fail to raise their voice against the mistreatment.

The Land Acquisition (Amendment) Act, 1962

The chief object of the Act was to provide for the speedy acquisition of land for the

resettlement of displaced persons.

As per Act:

“1. Short title. This Act may be called the Land Acquisition

(Amendment) Act, 1962 . 2 to Amendments to the Land Acquisition Act,

1894 (1 of 1894 ). 1[ 2 to 6.[ Amendments to the Land Acquisition Act,

1894 (1 of 1894 ).] Not printed.

7. Validation of certain acquisitions. Notwithstanding any judgment,

decree or order of any court, every acquisition of land for a Company

made or purporting to have been made under Part VII of the principal

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Act before the 20th day of July, 1962 , shall, in so far as such acquisition

is not for any of the purposes mentioned in clause (a) or clause (b) of

sub- section

(1) of section 40 of the principal Act, be deemed to have been made for

the purpose mentioned in clause (aa) of the said sub- section, and

accordingly every such acquisition and any proceeding, order,

agreement or action in connection with such acquisition shall be, and

shall be deemed always to have been, as valid as if the provisions of

sections 40 and 41 of the principal Act, as amended by this Act, were in

force at all material times when such acquisition was made or

proceeding was held or order was made or agreement was entered into

or action was taken. Explanation.-- In this section" Company" has the

same meaning as in clause (e) of section 3 of the principal Act, as

amended by this Act.

8. Repeal and saving.

(1) The Land Acquisition (Amendment) Ordinance, 1962 (3 of 1962 ), is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance shall be deemed to have been done or taken

under this Act, as if this Act had commenced on the 20th day of July,

1962.”

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The Land Acquisition (Amendment) Bill 2002

In its, One Hundred Eighty Second Report (108), 16th Law Commission of

India suo motu, recommended for removing the lacuna regarding issuing of a

fresh notification for the acquisition of land for public purpose under section 4

of the Land Acquisition Act, 1894. And suggested Amendment of Section 6 of the

Land Acquisition Act, 1894, and in its recommendation the commission suggested

to the then Law Minister that

“The Commission, therefore, considered it appropriate to examine the

said lacuna and recommends amendment of section 6 of the Land

Acquisition Act, 1894 with a view to subserve the public purpose, allow

the land acquisition proceedings to be continued without a fresh

notification under section 4(1) and render the judicial process

meaningful and efficacious as also to enable the aggrieved owner to

vindicate his grievances in the pending land acquisition proceedings

itself.”

Infect the background was prepared by Supreme Court by its judgment in

Padamsundara Rao v. State of Tamil Nadu [ JT 2002 (3)SC 1], overruling

the view taken in N.Narasimhaiah v. State of Karnataka [1996 (3) SCC 88]

case1, on the ground that fixing of any further period for making a fresh

declaration would amount to legislation by judicial fiat.

The Land Acquisition (Amendment) Bill, 2007 and 2009

Was passed by the Lok Sabha on 25th February 2009 (the last day of the session)

but the bill lapsed with the dissolution of the 14th Lok Sabha.

In Narasimhaiah‘s case, it was held that where any declaration made under section

6(1) was set aside or quashed by a court, a fresh declaration could be made within one year from the date of the judgment of the court. It was this view that was not accepted in the case of Padamsundara Rao.

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The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

In 2011, first time an image of social legislature was seen in combine land

acquisition and R&R into a single overarching legal framework. Accordingly the

LARR Bill of 2011 was introduced in the Lok Sabha

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN

LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,

2013

[NO.30 OF 2013]

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 compensation to the

affected families whose land has been acquired or proposed to be

acquired or are affected by such acquisition and make adequate

provisions for such affected persons for their rehabilitation and

resettlement and for ensuring that the cumulative outcome of

compulsory acquisition should be that affected persons become

partners in development leading to an improvement in their post

acquisition social and economic status and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic

of India as follows:—

SYNOPSIS

4. Background Of The Act

5. Reason for New Act

6. Highlight of New Act

a) Retrospective effect

b) Transparency in acquisition process

c) Fair Compensation

d) Post effect measures

e) Safeguard for SC‟s/ST‟s

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f) Compensation for livelihood

g) Strengthen the Gram Sabha voice in land acquisition

h) Consent of people whose land acquire

i) Return of unutilized land

j) Safe guard from income tax and stamp duty

k) Share in appreciated land value

7. Title Analysis

1. Background Of The Act

During the British Raj, in the year 1824, an Act” The Land Acquisition

Act, 1894‖ for land acquisition was enacted by British government. This

Act empowered the government to acquire the land from privately held

person for public use, at a reasonable price which government considered.

Its application was throughout the whole of the Bengal provinces, and there

after rest part of India, even after independence of, the Indian government

adopted the 1894 Land Acquisition Act. Since then various amendments

have been made from time to time but the administrative procedures have

remained same.

2. Why this New Enactment?

There was a unanimous opinion that the current law (”The Land

Acquisition Act, 1894”) suffers from various shortcomings, and not able to

address the progressive Indian needs. Hon‟ble Apex court also observed the

current act (”The Land Acquisition Act, 1894”) has “become a fraud”i on

only this but many time Hon‟ble Supreme court made its observation

regarding the procedure and deficiency in the current act.

In consolation below are the points to give birth this new Act:

obsolete law

Supreme Court Observations

To bridge the gab for acquisition to rehabilitation and resettlement

Provide the balance between land owner whose land being acquired

and facilitating the industrialization and urbanization

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8. Anatomy of the Act

The soul of the act lies in three points:

Land Acquisition- For what purpose, Transparency and Consent

of Local Self Government ( Panchayat)

Consent- prior consent 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 previous informed

process before government uses its power under the Act to

acquire the remaining land for public good, and in case of a

public-private project at least 70% of the affected families should

consent to the acquisition process

Compensation- Just and Fair compensation not only for those

who displaced by acquisition, but other affected sections by

acquisition to level the social and economic crisis

R&R – Balancing post acquisition affects

4. Highlight of New Act

a) Retrospective effect

The magnificent feature of this act, is an effort to address the

historical injustice, the Act applies retrospectively in following

cases:-

a) Where No Award Made: Where no award under Section11 of

the 1894 Act has been, made, the new law will apply with regard

to compensation:-

b) Where an award has been made: Where an award has been

made but the affected individuals have not accepted compensation

or have not yet given up possession, and the proceedings have

been pending for 5 years or more, provisions of the new law will

apply.

b) Transparency in acquisition process

This act also project the transparency to the process of acquisition of

land, all documents such as summary of SIA2 notified along with

draft Notification are made available in public domain and on the

website for public scrutiny, and Gram Sabha also be consulted before

acquire any land. 2 The social Impact Assessment

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c) Just and Fair Compensation

The act not only recognized the compensation but fair

compensation, the compensation is no more the arbitrary wish of the

government as was under the old Act (”The Land Acquisition Act,

1894”), the minimum compensation for land is being decided at the

market value as pr The First Schedule of this Act.

d) Post effect measures

This Act addressed the social legislature, which make the obligatory

provisions for R&R3 for social and economic status of those displaced

by acquisition, and livelihood losers who are dependent on the land

e) Safeguard for SC s/STs

There are specific provisions are being made in this act apart from

rehabilitation and resettlement SCs and STs Families will be entitle

for Land even in the case of irrigation projects, one time financial

assistance with the tune of Rupees. Fifty Thousand per family, an

additional 25% R&R benefits if families settled outside the district,

1/3 payment of the compensation amount at very outset etc.

f) Compensation for livelihood

Provisions for compensation other than whose land acquire, who are

dependent of land being acquired for their livelihood

g) Strengthen the Gram Sabha voice in land acquisition

The role of Gram Sabha is being enhanced by this act, no land cab

acquired in Scheduled Areas without the consent of the Gram Sabhas

(Panchayats), provisions of representation of Chairperson of Gram

Sabha in Rehabilitation and Resettlement committee is also being

made

h) Consent of people whose land acquire

The Act makes the provisions of prior consent of not less than 70 %

and 80% of people whose land is sought to be in the event of PPP

projects or private companies respectively

i) Return of unutilized land

In case land remains unutilized after acquisition , the new Act

empowers States to return the land either to the owner or to the

State Land Bank

3 Rehabilitation and Resettlement

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j) Safe guard from income tax and stamp duty

With the tune of fair compensation all amounts accruing under this

act have been exempted from Income tax and from Stamp duty

k) Share in appreciated land value

If the land is being sold to the third party at a higher price then 40%

of the appreciated land value or profit will be shared with the original

owners

l) Compact Law

It is being observed that making the provision for land owner not

level the social and economic justice, only providing compensation

without the provision of Rehabilitation and Resettlement, is against

the aim of social state, and as Rehabilitation and Resettlement, is

considered to be the two side of one coin, this act is the approached to

balance this situation

m) Balance between Land Acquisition and Development

This act is an effort to balance the issue of farmers during and after

acquisition of land and for industrialization, development of essential

infrastructural facilities and urbanization with the least disturbance to

the owners of the land and other affected families

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4. Title Analysis

The RIGHT to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

CHAPTER I

Title Analysis

The tile of the act is very significant the title started with ―RIGHT‖ the words

„right‟ have, of course, a variety of meanings, according to the connection or

context in which they are used. Their definition, are given by standard

lexicographers, include ‗that which one has a legal claim to do‖.

The word “Right” in the title of the act establishes the legal claim for Fair

Compensation and Transparency in Land Acquisition, for affected families. The

PRE REQUISITES

POST EFFECT

Obligation of Government Social Legislature Balance

It emphasizes both on

monetary payments as

well as non-monetary

benefits as a part of R&R

and also covers the loss of

livelihood rather than only

the loss of land.

Lot of emphasis on

Rehabilitation and

Resettlement (R&R) and

extends the applicability of

R&R

TRANSPARENCY FAIR COMPENSATION RIGHT

At Market Price Process

Entitlement

Obligations Government

Affected Family

LAND ACQUISITION

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word “Right” not only establishes the legal claim for affected families but also

establish the legal duty or obligation to the concern Government for

establishing the fair compensation and transparency in the acquisition process. The

act not declared the compensation but fair compensation, and what is fair

compensation.

It was to be considered (before LARR-13), the Land Acquisition Act, is the

reflection of colonial commercial interests, as there was no social legislature

essence in it. But it is a balancing approach between Monitory and Social aspect for

the affective families, which work in twofold, pre and post of land acquisition. Each

and every aspect of social life is being taken care in the Act. Social Impact Study

(SIS) inserted as a comprehensive process to understand the impact of land

acquisition on social aspect, and the Land Acquisition considered being the last

resort. Environmental protection is also be the part of SIS, alternative study is also

make the part of SIS, sustainable diversify impact study also being carried in it.

PRELIMINARY

1. (1) This Act may be called the Right to Fair Compensation and

Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2011.

(2) It extends to the whole of India except the State of Jammu and Kashmir

(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint:

Provided that the Central Government shall appoint such date within

three months from the date on which the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Bill,

2013 receives the assent of the President.

SYNOPSIS

a. Short Title

b. Extent

c. Commencement

Short Title

This Act may be called the right to fair compensation and transparency in

land acquisition, rehabilitation and Resettlement act, 2013

Extent

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It extends to the whole of India except the State of Jammu and Kashmir.

The scope of the Act includes all land acquisition whether it is done by the

Central Government of India, or any State Government of India, except the

state of Jammu & Kashmir.

Commencement

The bill was introduced in Lok Sabha in India on 7 September 2011. The

Act was passed on 29 August 2013 in the Lok Sabha and on 4 September

2013 in Rajya Sabha. The bill received the ascent of the President of

India, on 27 September 2013. The Act came into force from 1 January 2014.

Retrospective effect

The magnificent feature of this act, is an effort to address the historical

injustice, the Act applies retrospectively in following cases:-

a) Where No Award Made: Where no award under Section11 of the

1894 Act has been, made, the new law will apply with regard to

compensation,

5. Where an award has been made: Where an award has been made

but the affected individuals have not accepted compensation or have not

yet given up possession, and the proceedings have been pending for 5

years or more, provisions of the new law will apply

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Application of Act

Application of Act

U/s 2(1) Land acquisition

Compensation R&R

U/s 2(2) Land acquisition

Consent Compensation

R&R

U/s 2(3) Rehabilitation

And Resettlement

Own Use, Hold & Control

Public Purpose

PSU

Strategic Purposes

Projects for improvement and

development of village and urban areas

In PPP

Project for Housing or

other income groups

Projects for Affected Families

Infa Projects

Projects for residential purposes for poor and

landless persons

For private company for public purpose

When private company purchases land equal to or more than specified

limit by appropriate government

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Application of the Act

Provisions of this Act have been segmented in three major categories, when

the appropriate government4 acquires land i.e.

1. under sub section (1) of Section 2- Land acquisition, Compensation and R&R

For the following purposes:

its own use, hold and control, including land for Public sector undertakings

and Public purpose5

For PPP6

When private companies purchases land, equal to or more than such limits

in rural areas or urban areas as my be defined by appropriate government

Provisions relating to acquisition, compensation, rehabilitation and

resettlement shall apply when its own use, hold and control, including land for

Public sector undertakings and Public purpose, apart from this other purpose is

also specified in the section, such as

Strategic purposes, which relating to navel, military, air force and armed

forces of the Union, and central paramilitary forces or which is require for

national security or defense of India or the State Police last but not the lease

the safety of the people.

For Infrastructure Project such as all items or activities mentioned in the

notification of the GOI7 in Department of Economic Affairs (Infrastructure

Section) number 13/6/2009-INF dated 27.3.2012, but it excluded private

hospitals, private educational institutions and private hotels.

Projects involving agro-processing, for the activities like supply of inputs

to agriculture, warehousing, cold storage facilities, marketing,

infrastructure, for agriculture and allied activities, like dairy, fisheries, and

meat processing, set up or owned by appropriate government or by farmers‟

cooperative or by an institution under statue

4 Defined u/s 3(e) of this Act

5 Defined u/s 3(2a) and 2(1)

6 Public Private Partnership

7 Govt. Of India

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Projects for industrial corridors or mining activities, national

investment and manufacturing zones, as drafted in the National

Manufacturing Policy

Projects for water harvesting, conservation and sanitation

Projects for educational, research schemes or institutions, administered

or aided by government

Projects for sports, health, tourism, transportation or space

programme

Projects for

Affected families, plan development or improvement of village sites or any

other site in urban area, provisions for land for residential purposes for the

weaker sections in rural and urban areas and also for poor or landless or to

persons residing in areas affected by natural calamities etc.

2. Under Sub Section (2) of Section 2 - Land acquisition, Consent

Compensation and R&R

When the appropriate government acquires land for

Public Private Partnership Projects, when the ownership of the land continues

to vest with the government. Under this provision the appropriate government can

not acquire the land unless the mandatory provisions attached with the section

accomplished:

Prior Consent: 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 previous informed process before government uses its

power under the Act to acquire the remaining land for public good, and in

case of a public-private project at least 70% of the affected families should

consent to the acquisition process

SIA study also be carried out during the process of obtaining the consent

If the acquisition is contravene any law prevailing in Scheduled area

(including any order or judgment of a court which has become final) no land

shall be transfer by way of acquisition in Scheduled Areas

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3. under sub section (3) of Section 2- Rehabilitation and Resettlement

In case Private Company purchases land, equal to or more than the

specified limit, by the appropriate government, in rural area or in urban

area.

In case of partial acquisition of land by the appropriate government, on

request, of private company for public purpose, the rehabilitation

entitlement shall be for the entire area.

It indicates that both LA and R&R Provisions will apply when:

Government acquires land for its own use, hold and control

Government acquires land with the final purpose to transfer it for the

use of private companies for stated public purpose

Government acquires land for PPP

CHAPTER III

SPECTAL PROVRSTON TO SAFEGUARD FOOD SECURTRY

10. (/) Save as otherwise provided in sub-section (2), no irrigated multi-cropped

land

Shall be acquired under this Act.

(2) Such land may be acquired subject to the condition that it is being done

under

Exceptional circumstances, as a demonstrable last resort, where the acquisition

of the land

refened to in sub-section (/) shall, in aggregate for all projects in a district or

State. in no case exceed such limits as may be notified by the appropriate

Government considering the relevant State specific factors and circumstances.

(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an

equivalent

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21

area of cultivable wasteland shall be developed for agricultural purposes or an

amount

equivalent to the value of the land acquired shall be deposited with the

appropriate Government for investment in agriculture for enhancing food-

security.

(4) In a case not falling under sub-section ( /). the acquisition of the agricultural

land in

aggregate for all projects in a district or State, shall in no case exceed such

limits of the total net sown area of that district or State, as may be notified by

the appropriate Government:

Provided that the provisions of this section shall not apply in the case of

projects that

are linear in nature such as those relating to railways, highways. major district

roads. Irrigation canals. power lines and the like.

Synopsis

1. Nature

2. Food Security

3. Limit on acquisition

4. Exception

Nature

The section prohibitory in nature, which establishes the mandatory prohibition using

the world “shall”. The Act forbids land acquisition when such acquisition would

include multi-crop irrigated area. However such acquisition may be permitted on

demonstrable last resort, which will be subjected to an aggregated upper limit for all

the projects in a District or State as notified by the State Government. Intend of the

section to safe guard the multi-crop irrigated.

Food Security

The section imposes an obligation on the appropriate government, in the event when

multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall

be developed for agricultural purposes (or an amount equivalent to the value of the

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22

land acquired shall be deposited with the appropriate Government for investment in

agriculture for enhancing food-security).

Limit on acquisition

States are also required to set a limit on the area of agricultural land that can be

acquired in any given district.

Exception

These limits shall not apply to linear a project which includes projects for railways,

highways, major district roads, power lines, and irrigation canals

Cont…….

NAVEEN KUMAR SHELAR

M.B.A, M.A, R.T.M, LL.B, DIP’- MKET, CIR’ – ENG

, No. 1, Ansari Road, Darya Ganj, New Delhi – 110002 | +91 85.86.97.26.36 |

[email protected]

ADVOCATE ~ SOCIAL ENTREPRENEUR ~ AUTHOR

Founder -The law Office www.thelawoffice.co.in

Member / Partner - Trust Law Connect www.trust.org

Founder & Secretary General - Nayaya A Voice for Justice www.nayay.co.in

http://www.linkedin.com/in/thelawoffice

http://www.knowledgecrust.blogsopt.com/

REFERENCES

i Reports of Law Commission of India on Law of Acquisition and Requisitioning of land