LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. Way forward Need for a series of committees. Defense, infrastructure, industry, tourism, sports, and health can, in fact, encompass all purposes. LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. Limitations: The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. This results in the complete dispossession of the land without even the token satisfaction of the processes listed under the Act. View Land Acquisition Act India Research Papers on Academia.edu for free. ( The research is undertaken to explore the legal dimensions of land acquisition and comparative study of the past 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 … jatinverma@jvias.com, Micro-listing of GS Mains Syllabus UPSC-CSE, 35 days strategy for Spectrum Modern History. 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. 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. The Central Act of 2013 was brought to give effect to the pre-existing fundamental right to livelihood of citizens. 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. In comparison to the old act and the new act we have observed that the 1894 act primary purpose was for acquisition of land while the act of 2013 main principle was for the Act, 2013. The government can proceed with the acquisition process even if the recommendations suggest otherwise. These sections also The 2013 act facilitated land acquisition by private companies, which the 2015 bill has changed to “private entities." This Act thus replaces the Land Acquisition Act 1894, enacted during the British Rule. ZENITH International Journal of Multidisciplinary ResearchYear : 2014, Volume : 4, Issue : 3 Why does the government need to acquire land for private companies as well as public-private partnership projects? The 2013 Land Acquisition Act on substantial issues has remedied the shortcomings in the 1894 Act, but has complicated the process of acquisition, … All rights reserved. Top 50 Most Important Topics For GEOGRAPHY. The land acquisition act was passed five years ago to ease barriers in the path of progress. Public Purpose and Consen t The 2013 Act requires consent of 70%of the land owners in case of Public Private Partnership (PPP) Project(land acquisition for Jewar Airport in Greater Noida is an instance) and 80% of land owners in case of private entities. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. However, it is widely believed that this Act, in its current form, has actually exacerbated problems instead of solving them. For bookmarking this please login first. The government has to constitute an independent multidisciplinary Expert Group. It replaced the colonial A critical analysis of the Land Acquisition Act (LARR) 2013, Assistant Professor, Economics Department, Daulat Ram College, University of Delhi. ( 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. Since in land acquisition the provisions of state contracts u/art299 are in 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. Before that in 2013, land acquisition in India was governed by Land Acquisition Act of 1894. Privacy Policy. The entire acquisition process can take four-and-a-half years to complete and involves multiple steps. It will adversely affect the growth of Indian economy by significantly raising the costs of projects, making them economically unviable. 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. The Government of India believed there was a heightened public concern on land acquisition issues in India. 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… 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. LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. No Provision. It deals with a controversial and highly emotive issue that has huge political implications and replaces a colonial-era law of 1894. 3 including the Land Acquisition Act, 1894, and the shortcomings that had come to light during their operation from 1894 to 2013. 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. 205) … (2) It extends to the whole of India except l [the State of Jammu and Kashmir] The tension between those who would regard land Article 20 in the Rwandan land Act spells out the need to augment levels of productivity in agri-culture through introduction of land use consolidation (GoR, 2004). 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. Photo: Hindustan Times (Hindustan Times) All you wanted to know about new land acquisition Bill 26 min read. Silent on resettlement and rehabilitation of those displaced Urgency clause: This is the most criticised section of the Law. 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 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. 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. 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. National Calamities. + 91 9582868080 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. 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.). Land Acquisition Rehabilitation and Resettlement Act, 2013 1 Gopal K Agarwal Member National Executive BJP Land Acquisition Issue Committee gopal.agarwal@bjp.org 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. 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. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. Why was a referral to a larger Bench made? These include railways, national highways, atomic energy, and electricity. So far, it is unclear if landowners are benefitting from such methods of acquisition. SHE has been Teaching in Delhi University for the last 4 Years. 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. Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. Objective:Critical study of the acquisition of land for development purpose & right to livelihood. support@jvias.com, For business queries: Shortcomings of Land Acquisition Act. The Author Has Done M.A (Economics) From Delhi School of Economics and B.A. from Lady Shri Ram College. 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. 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. 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. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. ... which has changed many clauses of the 2013 Act. 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. Acquisition of land without giving prior notice or The excuse was that the new Act was cumbersome, time-consuming and cost-escalating, making its implementation difficult. 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. By delaying the process of acquisition, the Act, unfortunately, does not strike a good balance. This paper also analyzes the impact of this act on industrialization and urbanization which is crucial for economic development. 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. It gives the government complete power to acquire land for any "public purpose" while the courts have virtually adopted a handsoff attitude and allowed all kinds of land acquisitions for private companies. 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. If project doesn’t start in 5 years, land has to be returned to the original owner or the land bank. Jatin Verma's IAS Academy is an online platform to assist students in pursuing their dream of becoming a civil servant. 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. ISSN : 2231-5780. 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. No safeguards: There was no real appeal mechanism to stop the process of the acquisition. As a result, almost all acquisitions under the Act invoke the urgency clause. Whereas il is expedient 10 amend the law for How to cover Indian Polity in an effective manner from M.Laxmikanth by Jatin Verma. 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