This issue is dealt with in Section 24 of the 2013 law. According to Indian Legal Code, the Fourth Schedule referred to by LARR 2011 Bill, consists of 16 bills, including the, This page was last edited on 31 December 2020, at 16:37. a public purpose? LARR 2011 as proposed severely curtails free market transactions between willing sellers and willing buyers. land acquisition for all linear projects such as highways, irrigation canals, railways, ports and others.[14]. Revenue Divisional Officer [ (1994) 4 SCC 595] that market value under Section 23 of the Land Acquisition Act, 1894 cannot be fixed on the basis of a basic valuation register maintained by the registering authority for collection of stamp duty.Therefore, the reliance by the Reference Court on the values of land used fixed by the District Magistrate for stamp duty purposes is … 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 Declaration that land is required for a public purpose. Compensation as per newly amended bill is not distributed (Under below mentioned circumstances). Schedule I outlines the proposed minimum compensation based on a multiple of market value. the compulsory nature of the acquisition. For strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or. According to The Financial Times, in 2008, the farmland prices in France were Euro 6,000 per hectare ($2,430 per acre; ₹1,09,350 per acre). The Legislature must "ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of"). part with the land acquired; thirdly, any damage sustained by him which, if caused by the land acquired, commenced, made or effected without the The bill inflates the cost of land to help a small minority of Indians at the cost of the vast majority of Indian citizens, as less than 10% of Indian population owns rural or urban land., LARR 2011 Bill's sections 97, 98 and 99 are incongruous with other laws of India in details and intent. witnesses and production of documents? Certain provisions of Act were amended several times since then, enabling both by the Central and State Governments to make it viable to the Changing time and circumstances. Matters to be considered in determining compensation law or opposed to public policy. 5-A. possession thereof; thirdly, the damage (if any) sustained by the person the publication of the declaration under section 6 and the Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by LARR 2011. When any land is compulsorily acquired for the purposes of the Master Plan or a scheme under this Act section 23 of the Land Acquisition Act, 1994 shall be … publication of the notification under section 4, sub-section In other words, the compensation has to be adequate compensation. THE LAND ACQUISITION ACT, 1894. 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. Sub-s. (1A) of s. 23 was introduced by Land Acquisition (Amendment) Act, 1984. interested, at the time of the Collector's taking possession What happens to unused land acquired under the 1894 law? [21] Families whose livelihood depends on farming land, the number of livelihood-dependent families per acre varies widely from season to season, demands of the land, and the nature of crop. Section 6 and 7 of of Land Acquisition Act 1894, Should Land to be marked out, measured and planned? (2) It extends to the whole of India except l [the State of Jammu and Kashmir] (3) It shall come into force on the first day of March. Power to take possession? How to do Correction of a private person, would not render such person liable to a of urgency? 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 What is According to a July 2011 report from the Government of India, the average rural household per capita expenditure/income in 2010, was ₹928 per month (US$252 per year). India has over 250 million people protected and classified as SC/ST, about 22% of its total population. The proposed additional benefits to these families include:[14]. 10.6.1979). The Act goes beyond compensation, it mandates guaranteed series of entitlements to rural households affected. declaration collector to take order for acquisition? Some criticize the Act citing that it is heavily loaded in favour of land owners and ignores the needs of poor Indians who need affordable housing, impoverished families who need affordable hospitals, schools, employment opportunities and infrastructure and industries. Hearing of objections. For context purposes, the proposed land prices because of compensation and R&R LARR 2011 may be compared with land prices elsewhere in the world: A 2010 report by the Government of India, on labour whose livelihood depends on agricultural land, claims[20] that, per 2009 data collected across all states in India, the all-India annual average daily wage rates in agricultural occupations ranged between ₹53 to 117 per day for men working in farms (US$354 to 780 per year), and between ₹41 to 72 per day for women working in farms (US$274 to 480 per year). Section 11 [11], The Government of India believed there was a heightened public concern on land acquisition issues in India. The land acquisition act, 1894 only deals with the acquisition of private properties and does not specify regarding its character, as of agricultural, commercial or residential. of of Land Acquisition Act 1894, What is the Period within which an award shall be affecting his other property, movable or immovable, in any THE LAND ACQUISITION, ACT, 1894 (Act I of 1894) [2 February 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. of the land, by reason of severing such land from his other These limits shall not apply to linear projects which includes projects for railways, highways, major district roads, power lines, and irrigation canals. Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) and which came into effect from 1 January 2014. Section 10 The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha. What is the procedure for Service of notice? declaration under section 6, by or in consequence of the use Section 21 and 22 of Land other manner, or his earnings; fifthly, if, in the consequence of the acquisition of the 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. Section 26 of the Act defines the method by which market value of the land shall be computed under the proposed law. What is Collector's statement to Adjournment of enquiry? LARR 2011 places no limit on total compensation or number of claimants; nor does it place any statute of limitations on claims or claimants. Two Bills on similar lines were introduced in Lok Sabha in 2007. notification and powers of officers of thereupon? such market value for the period commencing on and from the land by the Collector, the person interested is compelled to Act provides to compensate rural households – both land owners and livelihood losers. acquisition; secondly, any disinclination of the person interested to For example. The Bill, these economists suggest, should link compensation and entitlements to the progress and success of the project, such as through partial compensation in form of. The obligation to pay is complete by tendering the amount under Section 31 (1). Once the payment is made, one or more of the affected families may seek to delay the progress of the project to extract additional compensation, thereby adversely affecting those who chose long term employment in the affected families. Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. Short title, extent and commencement (1) This Act may be called the Land Acquisition Act, 1894. 4. The Act establishes regulations for land acquisition as a part of India's massive industrialisation drive driven by public-private partnership. Is it compulsory to give Notice to persons It is the only legislation pertaining to land acquisition which, though amended several … So the Act does not make any distinction in providing the procedure for acquisition of land, whether agricultural or non- agricultural. Section 8 and 9 of of Land Acquisition LARR Bill 2011 proposes that Schedule II through VI shall apply even when private companies willingly buy land from willing sellers, without any involvement of the government. See also: How to calculate land value? The land Acquisition Act was originally made in the Year 1894 i.e., more than (100) Years back called as “THE LAND ACQUISATION ACT, 1894 (Act No. Section 14 and 15 of Land reason of the taking of any standing crops or trees which Section 18 in The Land Acquisition Act, 1894. may be on the land at the time of the Collector's taking (1) Subject to the provisions of Part VII of this Act… For infrastructure projects, which includes the following, namely: All activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated 27 March 2012, excluding private hospitals, private educational institutions and private hotels; Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute; Project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy; Project for water harvesting and water conservation structures, sanitation; Project for Government administered, Government aided educational and research schemes or institutions; Project for sports, health care, tourism, transportation of space programme; Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; Project for housing, or such income groups, as may be specified from time to time by the appropriate Government; Project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas; Project for residential purposes to the poor 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, any local authority or a corporation owned or controlled by the State. the Court? expenses (if any) incidental to such change; and. [1][2][3] The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. (၃) Declaration of intended Acquisition. interested, at the time of the Collector's taking possession "No person shall be deprived of his property saved by authority of law" (Constitution 44th Amendment, w.e.f. 5. proceedings for the acquisition of the land were held up on of the notification under section 4, sub-section (1); or. the process of hearing Objections? for land acquired under this Act, the Court shall take into Section 12, 13 and 13A of Land Section 98, for example, says that the provisions of the Bill shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule of the Bill. Section 4 date of the publication of the notification under section 4, In May 2014, as the Bhartiya Janata Party-led National Democratic Alliance came to power, … 2. An Act to provide for cases in which Mines or Minerals are situate under land which it is desired to acquire under the Land Acquisition Act, 1870 2. [10] It allows the acquisition of land for some public purpose by a government agency from individual landowners after paying a government-determined compensation to cover losses incurred by landowners from surrendering their land to the agency. Acquisition Act 1894, What is the Power to summon and enforce attendance of First, when the final award has been made under the 1894 law and, second, where no final award has been issued. considered in determining compensation", (1) In determining the amount of compensation to be awarded In case a person has been tendered the compensation as provided under Section 31 (1) of the Act of 1894, it is not open to him to claim that acquisition has lapsed under Section 24 (2) due to non-payment or non-deposit of compensation in court. The LARR Bill of 2011 proposes the above benchmarks as minimum. What On 30 May 2015, President of India promulgated the amendment ordinance for third time. LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. It is expected that the Act will directly affect 13.2 crore hectares (32.6 crore acres) of rural land in India, over 10 crore land owners, with an average land holding of about 3 acres per land owner. The right not to be deprived of one's property save by authority of law has since been no longer a fundamental right. are defined under section 23 and 24 of Land Acquisition The Land Acquisition Act, 1894 by Muhammad Amir Sohail. Section 23 and 24 of Land Thus, for clarity and as an example, if 1000 acres of rural land is to be acquired for a project, with market price of ₹2,25,000 per acre (US$5000 per acre), 100 families claim to be land owners, and 5 families per acre claim their rights as livelihood losers under the proposed LARR 2011 Bill, the total cost to acquire the 1000 acre would be. TEXT 1THE LAND ACQUISITION ACT, 1894 (I of 1894) [2nd February, 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. The bill then received the assent of the President of India, Pranab Mukherjee on 27 September 2013. eighthly, any increase to the value of the land on any person who has been declared as such by an order of the court or Authority; an additional entitlement of a job to the family member, or a payment of ₹5,00,000 (US$11,000) up front, or a monthly annuity totaling ₹24,000 (US$550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer, an additional upfront compensation of ₹50,000 (US$1,100) for transportation, an additional upfront resettlement allowance of ₹50,000(US$1,100), if the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50 square meters in plinth area, if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent development, if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired, an additional land grant of 2.5 acres per affected family, an additional assistance of ₹50,000 (US$1,100), free land for community and social gatherings, and special Schedule V and VI benefits, Land compensation = ₹90,00,00,000 (US$20,000,000), Land owner entitlements = ₹6,30,00,000 (US$1,400,000) + 100 replacement homes, Livelihood loser entitlements = ₹365,00,00,000 (US$70,000,000) + 5000 replacement homes. What is the of statements as to names and interests? Act will mandate higher payments for land as well as guaranteed entitlements from India's non-agriculture-derived GDP to the people supported by agriculture-derived GDP. According to Government of India, the contribution of agriculture to Indian economy's gross domestic product has been steadily dropping with every decade since its independence. 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. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. Efficiency has many facets and one is yet to discover an infallible test of efficiency to suit the widely differing needs of a developing society such as ours" (1983 AIR 803, 1983 SCR (3) 327) (Dey Biswas 2014, 14-15 footnote). determining compensation? diminution of the profits of the land between the time of KEY WORDS: Land acquisition, Landowners, Farmers, LARR Act, 2013. (1); secondly, the damage sustained by the person interested, by The Land Acquisition Act, 1894 deals with the acquisition of land in Pakistan by the State for public purpose or for company or for temporary period. These Bills lapsed with the dissolution of the 14th Lok Sabha. There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wake the vestiges of the doctrine of Laissez Faire and create, in the name of efficiency, a new oligarchy. WHEREAS it is expedient to provide for cases in which mines or minerals are situate under land which Even if the pre-acquisition average market price for land were just ₹22,500 per acre (US$500 per acre) in the above example, the proposed R&R, other entitlements and Schedule III to VI would raise the effective cost of land to at least ₹33,03,000 (US$73,400) per acre. suit; fourthly, any damage which is likely to be caused to the 1. Schedule III proposes that the land acquirer shall provide 25 additional services to families affected by the land acquisition. Schedule III of LARR 2011 proposes additional amenities over and beyond those outlined above. provided, the Court shall in every case award a sum of Land Acquisition Act, 1894 ... would be entitled to claim an interest in compensation if the land were acquired under this Act. During this period LARR 2011 bill under discussion, Compensation is as per previous Land acquisition bill (Poor farmers lost their lands in unfair/ unfavorable condition), Multiplication factors in rural and urban area are added rather than increasing the base Land cost (Land is most essential component for any infrastructure geographically, socially, economically, as per terrain available with/without resources), Bill recommendation to be implemented as dated bill appeared in parliament.(2011). In India, a new Act, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, replaced this law. Valuation as per First Schedule: The land value (Say “P”) thus calculated shall be multiplied by a factor 1 for urban area and regarding rural area, the Act only provides the baseline for compensation and has devised a sliding scale which allows state Governments to fix the multiplier from 1 to 2 when moved from urban to rural area. Compensation criteria is not understandable/clear Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. sixthly, the damage (if any) bona fide resulting from Land acquired in the period bill is under discussion in parliament. What are the Matters to be neglected in sub-section (1), in respect of such land to the date of the Therefore, the amount payable under s. 23 (1A) of the 1894 Act is an additional compensation in respect to the acquisition and has to be reckoned as part of the market value of the land. Provisions under these Sections are: account of any stay or injunction by the order of any Court Reported in : (2000)163CTR(Mad)194dr. What is the meaning After The 2013 Act is expected to affect rural families in India whose primary livelihood is derived from farms. 1894 once the acquiring authority has formed the intention to acquire a particular plot of land, it can carry out the acquisition regardless of how the person whose land is sought to be acquired is affected. Section 11A of of Land Acquisition Act 1894, Award of Collector when to be final? The MCQs of Land Acquisition Act 1894 is given here in a Quiz format. 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. [14] Some examples of the 25 additional services include schools, health centres, roads, safe drinking water, child support services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities. Land to be acquired under the Land Acquisition Act, 1894 (“the Act”) is to be done after publication of preliminary notification as under Section 4 of the Act. land; fourthly, the damage (if any) sustained by the person Section 24 of Land Acquisition Act 1894 "Matters to be of of Land Acquisition Act 1894, What is Declaration of that land is required for  The Land Acquisition Act of 1894 allowed the government to acquire private lands. [12], Forty-Fourth Amendment Act of 1978 omitted Art 19(1) (f) with the net result being:-. The Observer Research Foundation's Sahoo argues that the bill fails to adequately define "public purpose". 1894, What is Reference to Court? The proposed Bill, LARR 2011, is being criticized on a number of fronts: 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 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. 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