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. The amendments made without considering the above factors will take away fundamental rights of the citizens. It said acquisition would not lapse as long as the government earmarked the compensation money by paying it … 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. 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. It ensures that livelihood will not be taken away unless(i) it is in public interest and that is seen by social impact assessment (ii) The affected citizens are given rehabilitation. 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 LAND ACQUISITION ACT,1894 PART 1: Preliminary 1.Short title, extent and commencement- (1) This Act may be called the Land Acquisition Act, 1894. Affected artisans, small traders, fishermen etc. 4 times the market rate in rural area. 2477. It replaced the Land Acquisition Act, 1894 (1894 Act). Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. 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 title of the old law conveyed that its primary purpose was to expedite the acquisition of land. 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. This Act is applicable to acquisition by all agencies of the State and the central government but doesn't apply to the State of J&K. 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). The centre encouraged States to draft and pass their own laws for land acquisition and get them approved. 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. Acquiring land: For private project, 80% affected families must agree. 2 times in urban area. In 2013, govt. 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 plaintiffs are bringing the action to adjudicate/declare under the Quiet Title Act, and under the Declaratory Judgment Act that the East Fork Eagle Creek Road is a public road as it crosses the lands owned by the USA in accordance with R.S. Differences between Land acquisition act of 1894 and 2013 act 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. Safeguards: State Governments have to setup dispute settlement Chairman must be a district judge or lawyer for 7 years. Context. 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 ". It compels a social and environmental impact assessment as a precondition for any acquisition. Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, 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. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013. Compensation: Compensation proportion to market rates. Additional rehabilitation package for SC/ST owners. 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. The order gifted the government “laxity” in several aspects, which even Parliament did not bother to provide under the Act of 2013. PERMANENT SETTLEMENT OF BENGAL/ ZAMINDARI SYSTEM Lord Cornwallis introduced the Permanent Settlement in 1793. It seeks to minimise the collateral damage that is usually caused on the farmer’s side. Above Village Hyper Market, Chandralyout Main Road, will be given one-time payment, even if they don’t own any land. 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. §§ 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 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. It seeks to speed up developmental and security related projects without compromising on the benefits/compensation given to the farmers under parent Act. the types of projects for which land could be acquired. 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The Land Acquisition bill has been renamed as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 . Above Village Hyper Market, Chandralyout Main Road, 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. II, … 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. (2) It extends to the whole of India except (the state of Jammu and Kashmir). 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. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 was recently passed by the Parliament. 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. This act provides number of safeguards for the process of acquisition manifestly fairer. Similarly, there was no lapse in acquisition if the compensation had been paid but possession not taken of the land. 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. Till 2013, land acquisition in India was governed by the Land Acquisition Act of 1894. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. Land acquisition bill - Boon or Bane. 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. Enter your email address to subscribe to this blog and receive notifications of new posts by email. The verdict did not specify for how long the government could possess a land acquired without paying compensation. Land Acquisition Act, 2013 . 3. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 was introduced in the Lok Sabha February, 2015 amends LARR Act, 2013. The new Land Acquisition Bill is not against industrialization and urbanization as there is no bar on purchase of private land. Compensation under the 2013 Land Acquisition Act Acquisition would also not lapse just because the farmer refused the compensation and claimed higher. 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. 2. The 2013 Act narrowed the definition of ‘public purpose’ i.e. This Act is applicable to acquisition by all agencies of the State and the central government but doesn't apply to the State of J&K. What is the issue? • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force from 1 January 2014. Many states have also enacted laws to regulate land acquisition. Today, Insights is synonymous with UPSC civil services exam preparation. It deals with a controversial and highly emotive issue that has huge political implications and replaces a … The 2013 Act narrowed the definition of ‘public purpose’ i.e. The complaint was filed on October 5, 2009 in the United States District Court, District of Idaho. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013. Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), replaced the LAA of 1894. Context. For PPP project, 70% affected families must agree. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act), replaced the Land Acquisition Act, 1894 (1894 Act). If such fertile land is acquired, then Government will have to develop equal size of wasteland for agriculture purpose. 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. Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these … the types of projects for which land could be acquired. 1. Till 2013, land acquisition in India was governed by the Land Acquisition Act of 1894. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir It said acquisition would not lapse as long as the government earmarked the compensation money by paying it into the treasury. Only then land can be acquired. 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). Under this system, a class of landlords called Zamindars was created whose responsibility it was to pay a fixed rent to the government for the lands they owned. The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. The 2013 Act differed from the 1894 Act in several ways. It replaced the Land Acquisition Act, 1894 (1894 Act). The State … 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. It made processes to acquire land so tough that it was neither fruitful to land owners nor to Investors. Ch. Land Acquisition for Public Purpose. 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. 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. 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. To ensure food security: Fertile, irrigated, multi-cropped farmland can be acquired only in last resort. Land Acquisition for Public Purpose. The land acquisition act of 2013 has diluted the most of the ruthless provisions of land acquisition act of 1894 and the most importantly, the new act made an deliberate attempt to put in place the building block for easy accessible of land. There are advantages and disadvantages of the bill. The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. The petitioners have contended that the amendments by the states are identical and go against the “basic structure” of the central law. 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. 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. Today, Insights is synonymous with UPSC civil services exam preparation. 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 … What was intended as a system beneficial for all parties concerned soon turned out to be exploitative. Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources. 36 C.F.R. The bill has taken the acquisition of land for private hospitals and private educational institutions within its ambit. They gave out parcels of land to farmers who became their tenants. 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. The 2013 Act replaced a colonial land acquisition law and was intended to uphold the farmers’ right to dignity and life. These laws now passed by states allow for the acquisition of land in the States without having to satisfy any of the crucial safeguards built into the 2013 Central law, such as the right to consent, social impact assessment and, in the case of Tamil Nadu, even rehabilitation and resettlement. 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). In India, land acquisition is a concurrent subject, and is governed by central and state laws. “We also plan to extend the basket of financial instruments in which the capital gains can be invested without payment of tax. § 219.10. As per Section 41 (1), as far as possible, no acquisition of land shall be made in the Scheduled Areas. Land Acquisition, Rehabilitation and Resettlement Act, 2013 Defines the Public Purpose Project for which the government can acquire land Compensation: The state shall be liable to pay to its citizen a compensation 4 times in the rural area and 2 times in urban areas. In addition, there remains uncertainty with respect to eventual successful completion of acquisition. The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. Attiguppe , Bengaluru - 560040. 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. Government policies and interventions for development in various sectors and issues arising out of their design and implementation. 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. Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, Shortcomings of Land Acquisition Act. Accountability: Head of the department will be made responsible, for any offense from Government’s side. 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”. But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR) is not just any piece of legislation. It said acquisition would not lapse as long as the government earmarked the compensation money by paying it … 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. In 2013, govt. 3. Their title to the land was hereditary. 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. Land Acquisition Act, 2013 . So, land owners will get proper compensation if their land will be acquired. Best current affairs & GK article on Land Acquisition Act- 2013 18 It includes, the act’s fundamental 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. Private entities: If Government acquires the lands for private company- the said private company will be responsible for relief and rehabilitation of the affected people. Under the 2013 Act, land acquisition is estimated to take minimally four to five years. Under the Federal Land Policy and Management Act of1976, 43 U.S.c. In March this year, the Supreme Court Constitution Bench had reaffirmed the February 2018 ruling on Section 24 on land acquisition compensation awards in the Indore Development Authority case. In short, the money need not actually reach the farmer or the landowner. Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Enter your email address to subscribe to this blog and receive notifications of new posts by email. The Bill has provisions to provide fair compensation to those whose land is acquired by public or private sector. L.A.R.R Act, 2013 7. (3) It shall come into force on the first day of March 1894. Current Affairs, GK & News related notes on Land Acquisition Act- 2013 topic for UPSC, Civil Services, Banking and other Competitive Examinations of India. 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. 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