land acquisition act, 2013 upsc

Aims of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act The act promises landowners transparency, close participation in the process and sharing of pertinent information. Section 24(2) states that in case of land acquisition proceedings, if a developer fails to take possession of the land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition act process would lapse. Consent: For government projects, no consent is required while consent of 70 per cent of landowners is required for Public-Private Partnership (PPP) projects and 80 per cent for private projects.Social Impact Assessment: In the case of a land acquisition (irrespective of the ownership of project), Social Impact Assessment is necessary unless and until there is an urgency. Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections. Context: The Supreme Court has asked five states to give their response to a petition filed by social activists questioning the state amendments made to the land acquisition law, which the petitioners claim have diluted the safeguards the central law provides for against forcible acquisition. The complaint was filed on October 5, 2009 in the United States District Court, District of Idaho. II, … Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013. The judgment had declared that acquisition would only lapse if the government had neither taken possession nor paid the compensation due to the landowner for five or more years prior to January 1, 2014. If project doesn’t start in 5 years, land has to be returned to the original owner or the land bank.  Establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. The 2013 Act narrowed the definition of ‘public purpose’ i.e. Social impact assessment: Under Social impact assessment (SIA) even need to obtain consent of the affected artisans, labourers, share-croppers, tenant farmers etc whose (sustainable) livelihood will be affected because of the given project. 18 It includes, the act’s fundamental The judgment of the Constitution Bench was interpreting Section 24 (2) of the 2013 Act, which dealt with payment of compensation for land acquired by the government. Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, The top court’s Friday judgment gave clarity on the status of pending cases of land acquisition when the 2013 law was introduced by Parliament, replacing the Land Acquisition Act of 1894. The LARR Act, 2013 states that the Land Acquisition Act, 1894 will continue to apply in certain cases, where an award has been made under the 1894 Act. But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR) is not just any piece of legislation. 3. To ensure food security: Fertile, irrigated, multi-cropped farmland can be acquired only in last resort. If such fertile land is acquired, then Government will have to develop equal size of wasteland for agriculture purpose. Acquisition would also not lapse just because the farmer refused the compensation and claimed higher. Shortcomings of Land Acquisition Act. L.A.R.R Act, 2013 7. Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. enacted “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013″, to provide just and fair compensation to farmers while ensuring that no land could be acquired forcibly. Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these … The Bench held that the expression ‘paid’ in the main part of Section 24 (2) of the Act of 2013 does not include a deposit of compensation in court. The Supreme Court reaffirmed its February 2018 ruling on Section 24 on land acquisition compensation awards given by a three-judge bench led by Justice Arun Mishra in the Indore Development Authority. The main central Act governing land acquisition is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act). Attiguppe , Bengaluru - 560040. The activists have questioned the changes made to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013 by Gujarat, Andhra Pradesh, Telangana, Jharkhand and Tamil Nadu. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir By way of safeguards against displacement special provisions have been made for Scheduled Caste and Scheduled Tribes under Section 41 and 42 of the RFCTLARR Act, 2013 which protect their interests. Under the 2013 Act, land acquisition is estimated to take minimally four to five years. Context. 2. Today, Insights is synonymous with UPSC civil services exam preparation. Accountability: Head of the department will be made responsible, for any offense from Government’s side. It replaced the Land Acquisition Act, 1894 (1894 Act). If the Corporation is unable to acquire land by an agreement, the government can order proceedings under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and acquire the land for public purpose. • The title of the old law conveyed that its primary purpose was to expedite the acquisition of land. It compels a social and environmental impact assessment as a precondition for any acquisition. Petitioners contend that the amendments made by the states were, OGP Instaclasses Batch 2 - Classroom Program - 2021 (Online), OGP Instaclasses Batch 2 - Classroom Program - 2021 (Offline), OGP InstaClasses- Classroom Program - 2021 (Online), OGP InstaClasses - Classroom Program - 2021 (Offline - Bangalore), Integrated Prelims cum Mains (IPM) Program - 2021, Prelims Thematic Test Series (June -2020 to October -2020) for Prelims - 2020 (NEW), D-CORE: Delhi - Core Batch - 2020 (Admissions Closed), OGP Instaclasses Batch 2 – Classroom Program – 2021 (Online), OGP Instaclasses Batch 2 – Classroom Program – 2021 (Offline), OGP InstaClasses- Classroom Program – 2021 (Online), OGP InstaClasses – Classroom Program – 2021 (Offline – Bangalore), Integrated Prelims cum Mains (IPM) Program – 2021, Prelims Thematic Test Series (June -2020 to October -2020) for Prelims – 2020 (NEW), D-CORE: Delhi – Core Batch – 2020 (Admissions Closed). Land Acquisition Act, 2013 . Only then land can be acquired. 3. As per Section 41 (1), as far as possible, no acquisition of land shall be made in the Scheduled Areas. Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources. The 2013 Act replaced a colonial land acquisition law and was intended to uphold the farmers’ right to dignity and life. In addition to the 2013 Act, there are certain other laws which govern land acquisition in particular sectors, such as the National Highways Act, 1956 and the Railways Act, 1989. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. Return of land: If the project doesn’t start in 5 years, the land acquired under the Act has to be returned to the original owner or the land bank. Land acquisition bill - Boon or Bane. Attiguppe , Bengaluru - 560040, RBI extends enhanced borrowing limit for banks, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, OGP Instaclasses Batch 2 - Classroom Program - 2021 (Online), OGP Instaclasses Batch 2 - Classroom Program - 2021 (Offline), OGP InstaClasses- Classroom Program - 2021 (Online), OGP InstaClasses - Classroom Program - 2021 (Offline - Bangalore), Integrated Prelims cum Mains (IPM) Program - 2021, Prelims Thematic Test Series (June -2020 to October -2020) for Prelims - 2020 (NEW), D-CORE: Delhi - Core Batch - 2020 (Admissions Closed), OGP Instaclasses Batch 2 – Classroom Program – 2021 (Online), OGP Instaclasses Batch 2 – Classroom Program – 2021 (Offline), OGP InstaClasses- Classroom Program – 2021 (Online), OGP InstaClasses – Classroom Program – 2021 (Offline – Bangalore), Integrated Prelims cum Mains (IPM) Program – 2021, Prelims Thematic Test Series (June -2020 to October -2020) for Prelims – 2020 (NEW), D-CORE: Delhi – Core Batch – 2020 (Admissions Closed). The five-judge Bench was interpreting Section 24 (2) which concerns land acquisition compensation awards made five years “prior or more” to the coming of … Chief Justice of India (CJI) Sharad A. Bobde has questioned the infallibility of a land acquisition judgment delivered by a Constitution Bench, led by his former colleague, Justice Arun Mishra, saying the verdict had left things “unsaid”. The Act applies to all acquisitions done by Government for own use or use by a private company or use of land under a public private partnership. In addition to the 2013 Act, there are certain other laws which govern land acquisition in particular sectors, such as the National Highways Act, 1956 and the Railways Act, 1989. Land Acquisition for Public Purpose. It said acquisition would not lapse as long as the government earmarked the compensation money by paying it into the treasury. The 2013 Act narrowed the definition of ‘public purpose’ i.e. The order gifted the government “laxity” in several aspects, which even Parliament did not bother to provide under the Act of 2013. Union Cabinet has approved a proposal to take the ordinance route to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Land owners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24 (2) of the Act of 2013. They gave out parcels of land to farmers who became their tenants. It seeks to speed up developmental and security related projects without compromising on the benefits/compensation given to the farmers under parent Act. In India, land acquisition is a concurrent subject, and is governed by central and state laws. 2 times in urban area. Current Affairs, GK & News related notes on Land Acquisition Act- 2013 topic for UPSC, Civil Services, Banking and other Competitive Examinations of India. In 2013, govt. The amendments made without considering the above factors will take away fundamental rights of the citizens. Additional rehabilitation package for SC/ST owners. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013. §§ 1751-1753, the Forest Service is authorized to allow livestock grazing on a "designated area of land available for livestock grazing," called an allotment, within a national forest. In 2013, UPA Govt repealed the century old draconian Land Acquisition Act 1894 with " The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ". Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act): Clearly defines various types of “public purpose” projects for which, Government can acquire private land. What is the issue? Given Jaitley’s emphasis on land pooling, it looks like Land Acquisition, Rehabilitation and Resettlement Act (LARR) act of 2013 may not be a favoured mode of land acquisition for various projects. The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. It replaced the Land Acquisition Act, 1894 (1894 Act). The top court’s Friday judgment gave clarity on the status of pending cases of land acquisition when the 2013 law was introduced by Parliament, replacing the Land Acquisition Act of 1894. Affected artisans, small traders, fishermen etc. Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings: The Social Impact Assessment was a must for every acquisition in the Act but the mandatory requirement was removed for security, defence, rural infrastructure and industrial corridor projects in the amendment. Land will be given one-time payment, even if they don’t own any land must be District... Education, Human Resources for 7 years land acquired without paying compensation ) it extends to the of... Permanent SETTLEMENT in 1793 Act in several aspects, which even Parliament not... In land acquisition Act, 2013, then government will have to setup dispute SETTLEMENT Chairman must be a judge. Policies and interventions for development in various sectors and issues arising out of their design and implementation estimated take. 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