Land acquisition rehabilitation and resettlement bill. Land Acquisition Act 2013: Everything you need to know about it 2022-12-11
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The Land Acquisition, Rehabilitation and Resettlement (LARR) Act is a legislation enacted by the Indian Parliament in 2013, with the aim of regulating the acquisition of land for various purposes such as industrial development, infrastructure projects, and public-private partnerships. The act provides a legal framework for the acquisition of land, rehabilitation and resettlement of affected persons, and compensation for losses suffered due to acquisition.
One of the key provisions of the LARR Act is the requirement for the government to obtain the consent of a majority of the affected land owners before acquiring their land. This provision aims to ensure that the land acquisition process is transparent and fair, and that the rights of the affected land owners are protected.
Another important aspect of the LARR Act is the requirement for rehabilitation and resettlement of affected persons. This provision ensures that those who are displaced by land acquisition are provided with alternative housing and livelihood opportunities, so as to minimize the impact of displacement on their lives. The act also requires the government to provide compensation to affected persons for losses suffered due to acquisition, including the value of the land, structures, and other assets.
The LARR Act has faced criticism from various quarters for being too stringent and making it difficult for the government to acquire land for development projects. Some have argued that the act has led to delays in the implementation of infrastructure projects, which has had a negative impact on the economy. Others have pointed out that the compensation provisions of the act are inadequate and do not adequately compensate affected persons for their losses.
Despite these criticisms, it is important to recognize the need for a legal framework that regulates land acquisition and ensures that the rights of affected persons are protected. Land acquisition can have a significant impact on the lives of those who are displaced, and it is important that they are treated fairly and compensated adequately for their losses. The LARR Act represents an important step in this direction, and while it may have its limitations, it is an important tool for ensuring that land acquisition is carried out in a transparent and equitable manner.
Land Acquisition and Rehabilitation & Resettlement Bill (LARR) 2011 â€“ its real purpose
Whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, twenty per cent of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, duly adjusting for development cost shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the Collector in such manner as may be prescribed. Rs 50,000 for transportation 6. Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. As evident from the contents of the Act, 2013, at various stages substantial safeguards have been provided to the land owner so as to ensure that the authorities do not act arbitrarily and in discriminative manner to deprive the land-owner of his land. Thus, all infrastructure projects other than Railways, Highways, Ports, Power and Irrigation undertaken by the Government or Public Sector Undertakings will require consent of at least 80% of the project affected families. There is a lot of talk about compensation to the persons affected by the acquisition, the formula for its calculation and the mechanism for awarding the same.
Land Acquisition,Rehabilitation & Resettlement Bill, 2011
Nor will this ensure that peasant families who do not have any alternative source of livelihood and not willing to sell the land are protected from acquisition of their land. New industries and intermediaries have insinuated into the tribal area and initiated deforestation and encroachment of forest. Free land for community and social gatherings 7. Similarly Schedule-II is also provided detailing out the manner in which the land-owners and landless poor will be rehabilitated and resettled. Provisions also have been made to safe guard food security. This draft Bill seeks to balance the need for facilitating land acquisition for various public purposes including infrastructure development, industrialization and urbanization, while at the same time meaningfully addressing the concerns of farmers and those whose livelihoods are dependent on the land being acquired. This negation of primacy of the LARR also means that land acquisition under the Atomic Energy Act, 1962, the Land Acquisition Mines Act 1885, the Petroleum and Minerals Pipelines Acquisition of Right of Uses in Land Act 1962, the Coal Bearing Areas Acquisition and Development Act 1957 and the Electricity Act 2003 among several others will be exempt from the LARR law.
Land Acquisition Act 2013: Everything you need to know about it
In the case of Shaji Kuriakose v. Market value is ordinarily the price the property may fetch in the open market if sold by a willing seller unaffected by the special needs of a particular purchase. . This sale price is assessed, by considering one-half of the total number of The compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. The objective is to make the process of land acquisition easy, transparent and fair for both sides in each instance.
The Land Acquisition and Resettlement and Rehabilitation Bill, 2011
The Bill also clearly defines the compensation of the land to be paid, sharing of the appreciated value of the land with the land owners and an extensive resettlement and rehabilitation package to be paid which includes mandatory employment. District Collector, Ranga Reddy District , establishment of integrated project fo providing business-cum-leisure tourism infrastructure centre like villas, golf course, hotels and banquet halls was held to be for public purpose. In return, the government pays a suitable compensation to the land owner and would be responsible for the rehabilitation and resettlement of the affected land owners. Disposed Tanawada Land at Jodhpur measuring 10. One time financial assistance of Rs 50,000 for ST families 3.
Land acquisition, rehabilitation, resettlement Act 2013
Further, where award is passed and compensation of majority land-holdings has not been deposited in the account of beneficiaries, then all the beneficiaries specified in the section 4 notification under the Act, 1984 will be entitled to compensation under the Act, 2013. So the so called public consultation was abruptly cut short. Expands the scope to include other decision points compensation awards, disputes, etc. . Also read all about pros and cons of FAQs Related Posts The pros and cons of buying agricultural land.
LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011
Such agreement between the appropriate government and the company has to be published in the official gazette under section 42 of the Act, 1984 which is obviously to ensure transparency in the matter. Government has maintained a deafening silence. The amount of compensation cannot be ascertained with mathematical accuracy. The land may not be acquired for use by private companies and PPPs. Government acquires land for its own use, hold and control. A leasehold operation, on the other hand, is the alternative non-land transfer scheme. The collector is to submit draft Rehabilitation and Resettlement scheme with suggestion to the commissioner for its approval.
Further, the recent experiences in the state of Uttar Pradesh leading to a spate of litigations challenging the legitimacy of land acquisition have called for the need to revamp the antiquated law with a law which is sensitive to the needs and aspirations of the various stakeholders. Several people have been displaced from their villages, meager compensation is being paid, and acquisitions being made in colourable exercise of power, all these problems compounded have triggered our Parliamentarians to come up with a new Land Acquisition Act, 2013. The Bill also stipulates that the consent of at least 80% of the project affected families is mandatory before the government acquires land for use by private companies. August 29, 2013: Bill passed in the Lok Sabha. Humane, participative, informed and transparent process of Land Acquisition for industrialization, development of essential infrastructure facilities and urbanization with lease disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected family and whose land has been acquired or proposed to be acquired on affected persons by such acquisition. Typically for a farmer, cash entitlements might not always enable him in securing a viable alternate means of livelihood. The land in exchange of land concept has been adopted in cases where land is acquired for urbanisation and irrigation projects.
Perspective on Land Acquisition, Rehabilitation and Resettlement Bill
Land for private companies for public purpose 6. The provision that after acquisition land cannot be transferred to any other purpose except for a public purpose does ensure that land once acquired is not misused. The majority of the Indian population is depended on lands. The Singur and Nandigram land acquisition controversies highlighted the discrepancies in the existing legal framework for acquisition of land by the State for public purpose. Private companies buy land, equal to or more than 100 acres, on their own; 2.
Land Acquisition and Rehabilitation and Resettlement Bill
What is Land Acquisition Act 2013? Act, 2013 at Glance: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is contained totally 114 sections which are incorporated in 13 Chapters, and Four Schedules. For constructing large infrastructure projects or industries, thousands of acres of land would be required, the ownership of which might belong to hundreds of families. It states that law can be enacted for the acquisition of the land provided that it ensures payment of compensation at a rate which shall not be less than the market values thereof. Under SIAS the authorities are bound to take into consideration the impact the project is likely to cause on various components such as livelihood of the affected families, properties, assets, sources of drinking water for cattle, community ponds, grazing lands etc. The requiring body shall deposit the amount promptly to enable the government to publish the declaration within a period of 12 months at the pain of its invalidation. If home-less, a constructed house plinth area on 150 sqmts of house site in rural areas or 50 sqmts in urban area, provided free of cost 4.
Obviously, the only "public comment" it has accepted is that of the capitalists wanting to acquire land as cheaply as possible! Chapter I deals preliminary i. The process flow of land acquisition can be understood with the help of the following schematic diagram: Compensation The Bill provides for a comprehensive compensation package in the event of the Government acquiring land under the provisions of the Bill. Needs arising from natural calamities The Urgency Clause can only be invoked in the following cases: 1. So far, the basic law governing the land acquisition process has been the Land Acquisition Act, 1894. However, under section 9 of the Act, 2013 the government may exempt the undertaking of SIAS if the acquisition is made under urgency clause, under section 40 of the Act, 2013.