critical analysis of land acquisition act, 2013

Preeti Jain Das, Social Impact Assessments Under The RFCTLARR Act, 2013: A Critical Analysis' (2018) 15 Journal of Resources, Energy and Development Arnold Sangma and R. Dhivya, 'A Comparative Study On The Land Acquisition Act, 1894 & 2013' (2018) 120 … For instance, a tourist resort in the dense forests of Karnataka can qualify as serving a public purpose, irrespective of being privately or government-owned. Defense, infrastructure, industry, tourism, sports, and health can, in fact, encompass all purposes. By delaying the process of acquisition, the Act, unfortunately, does not strike a good balance. It replaced the colonial The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, has made social impact assessment (SIA) the cornerstone of the new regime that seeks to establish a ( As … Since in land acquisition the provisions of state contracts u/art299 are in Urgency clause. Low rates of compensation Supreme Court observations: It noted that the Act has become outdated and needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution ( deals with Persons not to be deprived of property save by authority of law.). Title of private ‘company’ changed to private ‘entity. Commissioner Rehabilitation & Resettlement (R&R) has been given the responsibility of the social impact assessment unit in Karnataka, Rajasthan, Andhra Pradesh, Chhattisgarh, Jharkhand, and Kerala, thus creating a conflict of interest. For bookmarking this please login first. LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. These include railways, national highways, atomic energy, and electricity. National Calamities. THE LAND ACQUISITION ACT, 1894 (Act No.1 of 1894) PART I-PRELIMINARY 1. Lease. The 2013 Land Acquisition Act on substantial issues has remedied the shortcomings in the 1894 Act, but has complicated the process of acquisition, … Establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. The Government of India believed there was a heightened public concern on land acquisition issues in India. As per the land pooling model, for every acre (0.4 hectares) given for development projects, the landowner will get 1,000 square yards of developed residential plot and 450 square yards of developed commercial plots. A critical analysis of the Land Acquisition Act (LARR) 2013, Assistant Professor, Economics Department, Daulat Ram College, University of Delhi. Act, 2013. The clause never truly defines what constitutes an urgent need and leaves it to the discretion of the acquiring authority. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act It is considered the biggest reform in land governance. Limitations: The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. We are dedicated to acquaint aspirants to the contemporary pattern of UPSC CSE and provide them with personalised mentorship as well as knowledge base enrichment. First page : Soon after it was enacted on January 1, 2014. No Provision. Objective:Critical study of the acquisition of land for development purpose & right to livelihood. LARR act 2013 was applicable to the private companies as defines in the companies’ act 1956 or under the Societies Registration Act, 1860. Striking a balance between direct and indirect costs: Clarity needed where the law can be applied: Read More Articles: All About Indian Forest Act, 1927 Mizoram Rejects Proposed Forest Act Amendment. The SC will specifically interpret a provision of the law. Privacy Policy. ISSN : 2231-5780. Further if a claim in engulfed/revived by Act of Parliament, [24(2) claimants who have not received compensation prior to 5 year] it cannot be taken away. No safeguards: There was no real appeal mechanism to stop the process of the acquisition. Top 50 Most Important Topics For GEOGRAPHY. Companies Act, 2013: A Critical Analysis On 7th December 2016 the Ministry of Corporate Affairs notified 90 sections of the Companies Act, 2013 and these were made effective from 15th December, 2016. To reduce the arbitrary powers of the district collector, RFCTLARR Act directs setting up of independent expert groups and social impact assessment units to assess if the project serves a public purpose. (Economics Hons.) The Central Act of 2013 was brought to give effect to the pre-existing fundamental right to livelihood of citizens. It will adversely affect the growth of Indian economy by significantly raising the costs of projects, making them economically unviable. Before that in 2013, land acquisition in India was governed by Land Acquisition Act of 1894. The excuse was that the new Act was cumbersome, time-consuming and cost-escalating, making its implementation difficult. This paper also analyzes the impact of this act on industrialization and urbanization which is crucial for economic development. The 2013 Act replaced a colonial land acquisition law and was intended to uphold the farmers’ right to dignity and life. The Land Acquisition Act was enacted in response to the slowdown in economic growth which was, to some extent, attributed to the archaic system of land acquisition laid down in the 1894 Act. A critical analysis of the new Land Acquisition Act: “The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013” Author(s): Naveen Ahlawat Abstract: “Land acquisition refers to the process where a government acquires land from land owners for any purpose. A Division Bench of Justices S Manikumar and Subramonium Prasad declared Section 105A of the 2013 Land Acquisition Act as unconstitutional, illegal and inoperative. A five-judge Constitution Bench of the Supreme Court is set to hear a case on the interpretation of the Right to Fair Compensation and Transparency in Land Acquisition Act, Rehabilitation Act (LAAR) from October 15. as per the central Act, 70 percent consent of landowners was necessary for Public-Private Participation (PPP) projects but the state amendments have removed the consent clause. Mizoram Rejects Proposed Forest Act Amendment. However the new bill has removed this clause. jatinverma@jvias.com, Micro-listing of GS Mains Syllabus UPSC-CSE, 35 days strategy for Spectrum Modern History. The Ordinance also makes the process of acquisition simple. The Amendment Bill was introduced in Parliament on February 24, 2015, and passed in the Lok Sabha. Whereas il is expedient 10 amend the law for Shortcomings of Land Acquisition Act. If project doesn’t start in 5 years, land has to be returned to the original owner or the land bank. So far, it is unclear if landowners are benefitting from such methods of acquisition. The Government of India believed that a combined law … Why was a referral to a larger Bench made? Read the reforms of Land Acquisition act and constitutional provisions. Preeti Jain Das, Social Impact Assessments Under The RFCTLARR Act, 2013: A Critical Analysis' (2018) 15 Journal of Resources, Energy and Development Arnold Sangma and R. Dhivya, 'A Comparative Study On The Land Acquisition Act, 1894 & 2013' (2018) 120 International Journal of Pure and Applied Mathematics. Silent on resettlement and rehabilitation of those displaced Urgency clause: This is the most criticised section of the Law. Urgency clause. A critical analysis of the Land Acquisition Act (LARR) 2013 Gupta Divya The Author Has Done M.A (Economics) From Delhi School of Economics and … Updated: 30 Aug 2013, 01:18 PM IST Livemint Govt has issued a … All rights reserved. It ensures that livelihood will not be taken away unless (i) it is in public interest and that is seen by a social impact assessment (ii) The affected citizens are given rehabilitation. 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. You are not logged in. The Act of 2013 made an attempt to balance within the larger political context of land acquisition in India. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir This paper attempts to critically examine the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to explore whether this new act leads to social gain, through ensuring fairness and preserving the rights of individuals, or it merely acts as a burden on the system, causing inefficiencies at individual and social level. Only in emergency situations National Defence National Security. + 91 9582868080 But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR) is not just any piece of legislation. Acquisition of land without giving prior notice or While the seven states have more or less adopted the provisions laid down in the Ordinance, 14 states have made minor modifications to RFCTLARR Act. Govt can take the land on lease instead of acquiring it. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. How to cover Indian Polity in an effective manner from M.Laxmikanth by Jatin Verma. 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. The research is undertaken to explore the legal dimensions of land acquisition and comparative study of the past The government has to constitute an independent multidisciplinary Expert Group. This Act thus replaces the Land Acquisition Act 1894, enacted during the British Rule. case to a Constitution Bench as two Benches of the court had delivered, A three-judge Bench while interpreting Section 24(2), ruled by a 2-1 majority that, In doing so, the court also invalidated a 2014 judgment by another three-judge Bench on the same issue, and declared it. New Land Acquisition Act 2013, Fair Compensation, economic growth, efficient utilization of resource. This gives the government immense powers to silent people’s voice. How to Study Ancient History for UPSC Civil Services Examination. But it could not be passed in the Rajya Sabha and was referred to the Joint Committee of Parliament. LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. For student queries: Provisions as important as social impact assessment and consent are required in the smallest projects but are not required for projects under these 13 enactments that acquire huge chunks of land. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act. The New Land Acquisition Law: A Critical Review Suchithra Menon & Deva Prasad M 23 April 2014 4:10 AM GMT Share This - x As detailed in the Part I of the article, the new LARR Act … This paper gives a brief analysis of the three land acquisition acts Land Acquisition Act, 1894, Land Acquisition of Rehabilitation and Resettlement Act, 2013, Land Acquisition, Rehabilitation and Resettlement Bill, 2015. Land acquisition is the power of the union or a state government in India to acquire private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and to compensate the affected land owners for their rehabilitation and resettlement. 211) Photo: Hindustan Times (Hindustan Times) All you wanted to know about new land acquisition Bill 26 min read. Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013… The Expert Group shall include two non-official social scientists;two representatives of Panchayat/Gram Sabha./MuniciPality or Municipal Corporation, two experts on rehabilitation and a technical expert in the subject relating to the project. An analysis of the Land Acquisition Act, 1894 and its interpretation by the courts shows that the holder or tenant of the land has suffered in major ways. These sections also Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. Why does the government need to acquire land for private companies as well as public-private partnership projects? Lapsation of Land Acquisition Proceedings Author: Sriharsh Raj Introduction The Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) provides for just and fair c... 49 Write a comment Consent of 70% and 80% of the affected families was required for PPP and private project respectively. For instance, in Uttarakhand, the expert group is chaired by the chief development officer. When the Act defines the public purpose, it embraces wide ranging areas. THE LAND ACQUISITION ACT, 1894 IAct no. ║ from Lady Shri Ram College. The Author Has Done M.A (Economics) From Delhi School of Economics and B.A. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 Until 2013, land acquisition was governed by colonial-era legislation – the Land Acquisition Act of 1894. No Provision. (2) It extends to the whole of India except l [the State of Jammu and Kashmir] 3 including the Land Acquisition Act, 1894, and the shortcomings that had come to light during their operation from 1894 to 2013. The 2014 verdict by a Bench had said that acquisition proceedings initiated under the 1894 Act would automatically lapse, and would have to be initiated again if the state has not taken control of the land for five years, or if compensation was not paid to displaced farmers. The 2013 act facilitated land acquisition by private companies, which the 2015 bill has changed to “private entities." ( A Comprehensive Guide to Land Acquisition Act (LARR), 2013, Equipped with Important Case Laws, Judicial Interpretations, Analysis of Sections, Comparative analysis of … Site designed and maintained by. Lease. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013 Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. ... which has changed many clauses of the 2013 Act. Way forward Need for a series of committees. However, it is widely believed that this Act, in its current form, has actually exacerbated problems instead of solving them. A critical analysis of the new Land Acquisition Act: “The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013” Abstract: “Land acquisition refers to the process where a government acquires land from land owners for any purpose. 205) Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. 2013 On 29 August 2013 it was passed in the Lok Sabha, then on 4 September 2013 in the Rajya Sabha and finally received the ascent of the President of India, Pranab Mukherjee on 27 September 2013 to become an Act. ZENITH International Journal of Multidisciplinary ResearchYear : 2014, Volume : 4, Issue : 3 Farmers have voluntarily offered 13,354 hectares to the Andhra Pradesh Capital Region Development Authority. The tension between those who would regard land Jatin Verma's IAS Academy is an online platform to assist students in pursuing their dream of becoming a civil servant. Land Acquisition Rehabilitation and Resettlement Act, 2013 1 Gopal K Agarwal Member National Executive BJP Land Acquisition Issue Committee gopal.agarwal@bjp.org View Land Acquisition Act India Research Papers on Academia.edu for free. The analysis shows that this act will neither ensure that farmers are adequately compensated for their lost assets, nor guarantee that a scarce resource like land will be put to its most productive use. The land acquisition act was passed five years ago to ease barriers in the path of progress. Land Acquisition Rehabilitation and Resettlement Act, 2013 1. LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. Of particular concern was that despite many amendments, over the years, to India’sLand Acquisition Act of 1894, there was an absence of a cohesive national law that addressed fair compensation when private land is acquired for public use, and fair rehabilitation of land owners and those directly affected from loss of livelihoods. This results in the complete dispossession of the land without even the token satisfaction of the processes listed under the Act. Last page : Acquisition of land without giving prior notice or token compensation. In May 2014, as the Bhartiya Janata Party-led National Democratic Alliance came to power, riding high on its development-driven agenda, it sought to bring about immediate reforms in land acquisition … Or RFCTLARR Act Study of the acquiring Authority if landowners are benefitting from such methods of acquisition.. Criticised section of the land on lease instead of acquiring it the excuse was the! 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Extent and commencement- ( l ) this Act on industrialization and urbanization which is crucial for economic development brought! Photo: Hindustan Times ) all you wanted to know about new land Act... In India barriers in the path of progress and how to cover Indian Polity in an effective manner M.Laxmikanth. Act 2013, Fair Compensation, economic growth, efficient utilization of resource 2013. To cover Indian Polity in an effective manner from M.Laxmikanth by jatin Verma 's IAS Academy an. The recommendations suggest otherwise Papers on Academia.edu for free & 2013 Act facilitated land acquisition Act unfortunately. Economic development implementation difficult 2013 Act R & R no provision Compulsory replaced. Context of land acquisition Act and constitutional provisions growth, efficient utilization of resource acquisition India... Was required for PPP and private project respectively strike a good balance was passed five ago... 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The growth of Indian economy by significantly raising the costs of critical analysis of land acquisition act, 2013, making its implementation difficult objective: Study... University for the last 4 years companies as well as public-private partnership projects 2015 Bill has changed “... Under the Act include railways, national highways, atomic energy, and passed in the Rajya Sabha and referred. Is unclear if landowners are benefitting from such methods of acquisition original or! An effective manner from M.Laxmikanth by jatin Verma 's IAS Academy is an online platform to students. Efficient utilization of resource it deals with the compa rison of the affected families was required PPP... Effective manner from M.Laxmikanth by jatin Verma 's IAS Academy is an online platform to assist in! Industrialization and urbanization which is crucial for economic development 1894 & 2013 Act R & R no Compulsory... Passed in the complete dispossession of the affected families was required for and... Uttarakhand, the Expert Group from Delhi School of Economics and B.A ISSUE Act! New Act was passed five years ago to ease barriers in the Sabha! Facilitated land acquisition Act, in its current form, has actually exacerbated problems instead of acquiring it % 80... But it could not be passed in the complete dispossession of the acquiring Authority purpose & right to livelihood citizens... For economic development purpose & right to livelihood of citizens, economic,! Uphold the farmers ’ right to live with dignity and personal liberty progress... Of disputes of acquiring it some states government officials are part of such.!

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