Notes on Land Acquisition Act

  Notes on Land Acquisition Act 

1. Under section 111 of the new act of the Land Acquisition Act, 1894 has been repeated.

2. The new act is named as the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

3. The Preamble of Act, 1894 is as follows -  An act to amend the law for the Acquisition of Land for Public Purpose and for Companies. 

1. This act has been enacted on 2nd Feb., 1894 and come into force on 1st March, 1894 for the purpose of – 

1. Acquisition of Land for Public Purpose for Companies. 

2. Determining on account of such acquisition. 

4.  The Act of 2013 has been published in the Gazette of India, by the Mining of Law and Justice, Legislative Department on 26th Sept., 2013. But still have not come into force. 

5. The act of 2013 has been enacted for the following purposes the preamble is as follows -  

“An act to ensure, in consultation with institution of local Self-Government and Gram Sabhas established under the constitution, human, participative, informed and transfer rent process in Land Acquisition for industrialization, 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 acquire or 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.”  It means the purpose of the fresh enactment is – 

1. To ensure participation of local bodies to increase transparency in the process of acquisition. 

2. To compulsory acquisition for - 

1. Industrialization, 

2. Infrastructural Development, 

3. Urbanisation. 

3. Giving least disturbance to the affected. 

4. Provide just and fair compensation. 

5. Adequate provisions of rehabilitation and resettlement. 

6. To make affected persons partners in development. 

6. In this premise the new government has introduced an ordinance to amend the act of 2013 and then introduce an act to repeal it through an amendment bill 2015. The amendment bill was introduced in Lok Sabha on 24th Feb., 2015. 

7. The amendment bill seek the following amendment – 

1. The definition of public purpose in 2013 act, section 2(za) and section 2(1) shall remove private hospitals and private hospitals and private educational institutions. It means the private hospital and private educational institutions do not include public purpose. 

8. As per the previous act, 2013 – 

1. Social Impact Assessment. 

2. Consent provisions were compulsory for all acquisition. But by the ordinance or bill of 2015 the present government introduce exemption from above compulsory there requirement to the following five categories –  

1. Defense 

2. Rural Infrastructure 

3. Affordable Housing 

4. Industrial Corridor 

5. Infrastructure and Social Infrastructure 

Social Impact Assessment also includes environmental impact assessment. It means for the above five categories the social and environmental impact of project land has been acquired are not necessary assessment. If the land is to be acquired for defence purposes the social impact assessment and environment impact assessment are not necessary. The amendment bill makes the changes in definition of industrial corridor or social infrastructure. Actually, the Point No. V, social infrastructure is removed from the amendment bill. Industrial corridors are exempted with the clarification that land acquired for industrial corridors setup by the government and government undertaking. Further land can be acquired up to 1 km on both sides of the designated railway or road of the said industrial corridor.      

9. The major change through amendment is compulsory employment to at least one member of the affected family under the act of 2013, it is not compulsory. The basic difference introduced by the new amendment is that LARR authority shall act suo moto on reference by the concerned collector; the approach of a dissatisfied concerned person is not necessary. 

10.  The Pakistan neighbouring court used the same Land Acquisition Act, 1884. The preamble of the act is the one and the same. It came into force on 1st March, 1884.

11.   Bangladesh also has the same act. 

12.  The United Kingdom has the acquisition of land (Assessment of Compensation Act, 1919). 

The preamble is as below – An act to amend the law as to the assessment of compensation in respect of land acquired compulsorily for the public purposes and the costs in the proceeding thereon. It came into existence on 19th August, 1919. 

13.  China has their own management act, 1998. All lands in the country do belong to the country in China. 

14.  South Australia has the Land Acquisition Act, 1969. The preamble is as follows –  

The object of this act, to provide for acquisition of land on just terms. 

15.  The USA has the US Land Acquisition Act, 1942 and other acquisition acts for air box etc. The Government Code of US chapter 2204 provides for acquisition of land for state and federal purposes. 

Jeet

Advocate Ranjitsinh Ghatge 🦅

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