Land acquisition, rehabilitation and resettlement sage journals. Land acquisition, development and the constitution by. Ministry of rural development, government of india. Land acquisition act, 1894 has been replaced by the right to fair compensation, transparency in land acquisition, rehabilitation and resettlement act, 20 larr, seven years after two separate legislations, land acquisition act amendment 2007 and resettlement and rehabilitation bill, 2007 was introduced by upa in parliament in wake of nandigram singur. Land acquisition just terms compensation amendment bill. The land acquisition act, 1894 will continue to appl y in certain cases, when an award has been made under it. Maharashtra government puts off land acquisition bill officials said the farmers rally in the state earlier this month was the reason the bill was put off.
Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement bill, 20 was recently passed by the parliament. The 20 act will apply in case an award has been made five years prior to the commencement of the 20 act but the physical possession of the land has not been taken or compensation has not been paid. 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. Indias new land acquisition bill, praised in some quarters and reviled in others, is a complex piece of legislation. Pdf download for land acquisition, rehabilitation and resettlement, article. Till date whatever the fdi entered to india during 2012. In india, a new act, the right to fair compensation and transparency in land. Upa ii introduced the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 20 larr act 20 in. All about the new land acquisition bill, aug 29, 20. There are advantages and disadvantages of the bill. All about the new land acquisition bill downtoearth. Forfeiture of lease if rent unpaid or for breach of covenant.
While the act has been hailed in many quarters as a benevolent social legislation which, if implemented correctly, will have immensely beneficial social ramifications, it has also been the subject of. Centres bill on hold, states move on land acquisition with the centre putting its land acquisition bill in cold storage, states are now taking the lead to seek an exemption from the 20 act. The term land acquisition means forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. Larr seeks to replace land acquisition act of 1894 and bring the muchneeded clarity on issues of land acquisition, rehabilitation and resettlement. Back to basics is the way ahead the states role in the economy should be to correct market failures and to ensure desired levels. This bill proposes that larr 2011 will apply to all cases of land acquisition where before date of commencement of larr act 2011 either.
The land acquisition, rehabilitation and resettlement bill, 2011 was introduced in lok sabha on 7 september 2011. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. All new villages established for resettlement of the displaced persons. Land acquisition, rehabilitation and resettlement act legislative. The present rural minister, jairam ramesh, has renamed larr bill, 2011 as right to fair compensation, resettlement, rehabilitation and transparency in land. It was passed by the lok sabha on thursday and will likely be passed by the rajya sabha shortly as well. This answer was written when the land acquisition bill was brought by the upa government and passed by parliament. Investigations for selecting land for public purpose. Proposed law will replace the land acquisition act of 1894 and unlike the. The land acquisition act an act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes. The new bill proposes amendments to smoothen land acquisition for key uses such as rural infrastructure, defense projects, industrial corridors, urban infrastructure and affordable housing. Larr bill, 2011 was introduced in lok sabha on september 7, 2011.
P art 1g eneral p rovisions r elating to the b ill of r ights 19rights and fundamental freedoms. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. Debt owed to commission not extinguished by forfeiture. New land acquisition act authorstream presentation. Right to fair compensation and transparency in land acquisition. Modis economic reforms agenda in india hits biggest. The new bill is all about the way the land is to be acquired and. The act of 20 in section 24 2 provides that where in a case of land acquisition under the act of 1894, an award has been made five years or more prior to the commencement of the act, but physical possession has not been taken or compensation has not been paid, then the acquisition proceedings shall have to begin afresh under the act of 20. Pdf the land acquisition bill a critique and a proposal.
The act replaced the land acquisition act, 1894, a nearly 120yearold law enacted during british rule. Declaration that land is required for a public purpose 6. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind. All about the new land acquisition bill down to earth. These bills lapsed with the dissolution of the 14th lok sabha. The land acquisition bill, which has been renamed as the right to fair. Land acquisition rehabilitation resettlement act 20. The title of the old law conveyed that its primary purpose was to expedite the acquisition of land. Right to fair compensation and transparency in land.
Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. The right to fair compensation and transparency in land. The new land acquisition act act of 20 may be called here as. Pdf the new bill on land acquisition recently tabled in parliament is well intentioned but seriously flawed. The right to fair compensation and transparency in land acquisition, rehabilitation and. In particular, it analyses the key features of the land acquisition act, 1894, including the major problems with its implementation. The new proposed law replaces overacenturyold land acquisition act of 1894 which has various shortcomingsit has no resettlement and rehabilitation provisions for those displaced by the land acquisition and provides low rates of compensation to the land owners.
The government came under heavy attacks from opposition parties and farmer organization for the proposed land acquisition bill amendments. If you want to continue this discussion or have a follow up question, please post it on the network. Latest and breaking news on land acquisition amendment bill. The new land acquisition act, which came into force on first january, 2014 seeks to fundamentally alter the system of land acquisition in india. Amendments proposed on march 9, 2015 the right to fair compensation and transparency in land. This act may be cited as the land registration act, 2012. Rehabilitation and transparency in land acquisition bill 2012. The government has issued a document explaining the tenets. The land acquisition amendment bill, 2007 the rehabilitation and resettlement bill, 2007 more information on the land. Land acquisition legislation amendment compensation bill.
The land acquisition, rehabilitation and resettlement bill, 2011 was. Land acquisition in india is currently governed by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20, which came into force from 1 january 2014. The bill has provisions to provide fair compensation to those whose land is acquired by public or private sector. Criticism of the new land acquisition act ipleaders. Article information, pdf download for land acquisition, rehabilitation and resettlement. The land acquisition, rehabilitation and resettlement larr bill, 2011 is a proposed law that lays down various provisions and directions to be followed while acquiring land anywhere in the country. Thousands of farmers had walked from nashik to mumbai on march 11 to protest against what they allege is the state governments failure to address their issues. The bill replaced the land acquisition act of 1894. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Transparency in land acquisition, rehabilitation and resettlement bill, 20 that shall set to be repealing and replacing the century old land acquisition act, 1896 that had.
The land acquisition, rehabilitation and resettlement bill, 2011 was introduced in lok sabha. Suggested citation centre on law and social transformation. Contents of chapter sections provisions xi preliminary 81 to 83 xii offences and penalties 84 to 90 xiii miscellaneous 91 to 114 schedules first compensation for land owners as per sec302 second element of rehabilitation and resettlement entitlements for all. All you wanted to know about new land acquisition bill. It is a new land acquisition bill that looks very difficult but beneficial. Examination of proposals for land acquisition and social impact assessment report. Land acquisition bill 2015 till 20, india followed 1894 land bill act which allowed the government to take owner land for countrys growth.
In 20, upa government brought an amendment and passed a bill regarding the same. In this act, unless the context otherwise requires adjudication officer has the meaning assigned to it in the land adjudication act, cap. It was passed by the lok sabha on thursday and will likely be passed by the. The bill was introduced in lok sabha in india on 7 september 2011 out of the 235 members who voted on the bill, 216 backed it while 19 voted against it lok sabha on 29th august 20 passed the bill to replace the land acquisition act 1894 as the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement. Land acquisition legislation amendment compensation bill 2014 part 2 land administration act 1997 amended s. Land acquisition bill news latest land acquisition bill. Land acquisition act, 20 mandated the social assessment before land acquisition but the nda governments proposed bill does away with this requirement. Land acquisition rehabilitation and resettlement bill 20. However, the principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their wellbeing and complete transparency in the process of land acquisition. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2012, replaces an 1894 colonial era law that. The new bill proposes that farmers and landowners be paid up to four. Report of the comptroller and auditor general of india for the year 2012.
The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Section 2 of the land act is amended by inserting amendment to the following new definitions in their proper alphabetical section 2 of no. Two bills on similar lines were introduced in lok sabha in 2007. Comparison between land acquisition bill of upa ii and nda. Under section 173a of the land acquisition act only 80% of the compensation, estimated by the collector is paid to the land owner before taking the possession of the property which is acquired. Why is there a need for a new land acquisition bill in.