More importantly, both these bills are prepared with the underlying ideology of rapid, massive industrialisation at the hands of the private sector. Besides, the history of such displacement has shown that poor people often do not know how to invest. 29. It gives the government complete power to acquire land for any "public purpose" while the courts have virtually adopted a handsoff attitude and allowed all kinds of land acquisitions for private companies. A comment, if suitable, may be selected for publication in the Letters pages of EPW. The concept of public purpose has to be held to be wider than ‘public necessity’. Meaning of acquisition: As it is very clear from the title of the law that it is enacted for compulsory acquisition of land required for the purpose of public benefit. EPW looks forward to your comments. EPW That means all lands which are not privately owned are owned by the State. In the year 2013 , land acquisition act 2013 was implemented on the replacement of old English land acquisition act 1894 . The definition of “public purpose” under the act is totally vague and the section is much litigated. This court is of the opinion that the concept of public purpose in land acquisition has to be viewed from an angle which is consistent with the concept of welfare state…It must be accepted that in construing ‘public purpose’, a broad and overall view has to be taken and the focus must be on ensuring maximum benefit to the largest number of people. Land Acquisition Act 1894 News and Updates from The Economictimes.com. Payment for damage. so the knowledge of the party affected by the award made by the collector under section 12 of the land acquisition act, 1894, either actual or constructive is an essential requirement of fairplay and natural justice. Only if the government is satisfied about this can such acquisition be carried out. This act had re appealed the earlier existing Land Acquisition Act, 1894. However, the act was mired into controversies mainly because of … The next step is the Section 6 Declaration which has to be issued by the government after taking into account the objections. This has been taken to absurd proportions. Similarly handing over the acquired land to a private company which manufacture d nothing of use to the public at large was still held to be a public purpose because the manufactured items were to be exported and some foreign exchange gains would accrue from it. There is unanimity of opinion across the social and political spectrum that the current Law (The Land Acquisition Act 1894) suffers from various shortcomings. money, can be easily misled or misguided and ulti mately be left with nothing. No land can be acquired for a company unless there is a prior consent of the appropriate government and unless there is an agreement in writing between the company and the government. 9 Smt Somawati and Ors vs State of Gujarat, AIR 63 SC 151. The Court observed: Admittedly the Land Acquisition Act, a preconstitutional legislation of colonial vintage is a drastic law, being expropriatory in nature as it confers on the state a power which affects persons property right. The main philosophy behind this Act is what is known as the power of the State of eminent domain. The government has announced that in the monsoon session of Parliament a bill making major amendments to the Land Acquisition Act, 1894 and the rehabilitation and resettlement bills will be introduced. It then analyses the proposed Land Acquisition Rehabilitation and Resettlement Bill, with a view to determining the extent to which the bill addresses the problems with the Land Acquisition Act, 1894. Even though right of property is no longer fundamental and was never a natural right, and is acquired on a concession by the State, it has to be accepted that without right to some property other rights become illusory. (5) During the continuance of the Land Acquisition (Maharashtra Temporary Amendment) Act, 1972, the provisions of section 17 of the Land Acquisition Act, 1894 shall apply, subject to the following modifications, that is to say, In section 17, in sub-section (2), after the words as the case may be , where they occur for the first time, insert the words or whenever due to failure of the monsoons or otherwise … june 25, 2011 vol xlvi nos 26 27, (t)he concept of ‘eminent domain’ is an essential” attribute of every State. 31. Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) is also called land acquisition act 2013 and it was brought to replace the Land Acquisition Act of 1894, which was enacted during British era. Admittedly the Land Acquisition Act, a preconstitutional legislation of colonial vintage is a drastic law, being expropriatory in nature as it confers on the state a power which affects persons property right. That means all lands which are not privately owned are owned by the State. If common village grazing land is taken over, no compensation will be payable to anybody and if an entire village is acquired the fisherfolk who may be dependent on the river for their livelihood will not get any compensation for loss of livelihood. The courts will not go into challenges to acquisition and even now there are no guarantees of jobs or land due to the escape clauses. 2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land is sought to be acquired. Benchmarks . 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