essential features of land acquisition act, 1894

Such acquisition can only be for the following objectives: ncreasingly over the last few years there is a clamour for repealing or at least amending the land acquisition law in India. It then analyses the proposed Land Acquisition Rehabilitation and Resettlement Bill, with a view to determining the extent to which the bill addresses the problems with the Land Acquisition Act, 1894. However since the late 1970s and especially the 1990s various mega projects have a rehabilitation component. I will go into this issue a little later. This concept is based on the fundamental principle that the interest and claim of the whole community is always superior to the interest of an individual.2 The phrase “public purpose” is redefined and Section 3(f)(3) which defines public purpose reads: “ the provision of land for any other purpose useful to the general public, for which land has been purchased by a person under lawfu l contract or is having the land to the extent of 70%, but the remaining 30% of the total area of land required for the project is yet to be acquired.” The word “person” will mean any company, body of persons, etc. The courts have held that if the compensation amount is wholly paid by the company concerned it will have to be treated as acquisition for the compnay requirin g it to meet the stringent conditions of Chapter VII. Proposed Rehabilitation and Resettlement Bill. THE LAND ACQUISITION, ACT, 1894 (Act I of 1894) [2 February 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. Thus, artisans, landless labourers, tillers without a title, fisherfolk, etc, cannot raise objections. 7 Nand Kishor Gupta 2010 10 SCC 282. Over the years this term has been loosely interpreted to grotesque proportions. It forms the … This court is of the opinion that the concept of public purpose in land acquisition has to be viewed from an angle which is consistent with the concept of welfare state…It must be accepted that in construing ‘public purpose’, a broad and overall view has to be taken and the focus must be on ensuring maximum benefit to the largest number of people. No reference is permitted in respect of whether or not the land is to be actually used for public purpose or whether or not the purpos e for which the land is acquired is actually a public purpose. Under the Land Acquisition Act land can only be acquired for a “public purpose”. Compensation The proceeding before him cannot be called legal progressing. Proposed Rehabilitation and Resettlement Bill History 1894 • Land Acquisition Act, 1894 created by the British. Similarly handing over the acquired land to a private company which manufacture d nothing of use to the public at large was still held to be a public purpose because the manufactured items were to be exported and some foreign exchange gains would accrue from it. Who is entitled to compensation under the act? No rehabilitation. However, in conformity with its non-participatory nature, the bill does not provide for publication of this report. Most important, it says that any increase in the value of the land acquired owing to the use to which it is likely to be put is to be ignored. No land can be acquired for a company unless there is a prior consent of the appropriate government and unless there is an agreement in writing between the company and the government. 13 Pratibha Nema vs State of MP, 2003 10 SCC 626; Sooraram Pratap Reddy vs District Collector, 2008 9 SCC 552. A majority of the rehabilitation policies provide for “land for land”. Click to explore our latest Review of Urban Affairs, Appeal for Donations to the Corpus of Sameeksha Trust, about Land Acquisition Law and the Proposed Changes, Land Acquisition Law and the Proposed Changes. But even in respect of privately owned lands the State has the power of eminent domain.1 Academicians, researcher s and even judges have regularly cited the following paragraph from Hugo Grotius in De Jure Belli ac Pacis (1625) as one of the earliest instances when this concept was used: The bill is applicable to all acquisitions under any law either of the state governments or the union government. Even if the State contributed Rs 100 or even Re 1 towards compensation payment (and the balance was paid by the company) it has been held to be acquisition for public purpose and not for a company.13 A large number of persons are excluded from rehabilitation and resettlement through various devices. Moreover, there may not be any sale of lands in the nearby area in the recent past which gives a completely arbitrary power to the authorities to decid e the market value. Merely because the benefit goes to a particular section of society the acquisition cease to be for a public purpose.7. However if the compensation is even partly paid for by the government it will be treated as acquisition for public purpose and not for a particular company. Over the years this term has been loosely interpreted to grotesque proportions. On the one hand, complete undemocratic power to acquire any land for any public purpose is given to the government and on the other, the courts have virtually adopted a handsoff attitude. The fifth aspect of this philosophy is that there is only one way of development and that is to industrialise and industria lise even more and that this. Acquisitions made for the Yamuna Expressway were challenged. The proposed Land Acquisition Amendment Bill makes it much easier for the government to acquire land for any private company, is nonparticipatory in nature and has escape clauses as far as giving jobs to the displaced or the provision of "land for land" is concerned. 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. The Land Acqr~isitiorr ACI, 1894. The project was to be handed over to a private developer who would exploit it for 36 years and then hand it back to the government. This can be highly misleading. Mihir Desai Act I of 1894 The Land Acquisition Act, 1894 CONTENTS PART I PRELIMINARY, Section. For once it is correctly assumed that compensation, no matter how high, is not necessarily the best answer to displacement and it is also taken into account that acquisition can affec t not just the landowners and tenants but a large number of persons dependent on it. Governance and Polity - IAS Mains General Studies Paper - II, Centrally Sponsored Schemes for Promoting AYUSH: Features, Demerits of caste based reservation system, Nai Roshni Scheme - Objectives and Features, Governance Schemes in Agriculture: Overview. Land can be acquired for corporations under Chapter VII but only to provide housing for their workers or for construction that is likely to prove useful to the public. Subs. The Bill will replace the decade old Land Acquisition Act of 1894, which was enacted during British rule. A number of titles of EPW/Sameeksha Trust Books are now available in Amazon Kindle. In Bajirao Kote’s case5 the Supreme Court observed. Even if the State contributed Rs 100 or even Re 1 towards compensation payment (and the balance was paid by the company) it has been held to be acquisition for public purpose and not for a company.13. (t)he concept of ‘eminent domain’ is an essential” attribute of every State. For repelling the second ground a wonderful argument was used. That means all lands which are not privately owned are owned by the State. If land is being acquired for a company it should be done under Chapter VII and only if both the procedural and substantive conditionalities provided in that chapter are met. For once it is correctly assumed that compensation, no matter how high, is not necessarily the best answer to displacement and it is also taken into account that acquisition can affec t not just the landowners and tenants but a large number of persons dependent on it. Factors for New Legislation In India, the Land Acquisition Act (L.A.A) 1894 had served as the basis for all government acquisition of land for public purposes. Undoubtedly having a central law on rehabilitation and resettlement is a positive step. Chowdhuri vs Union of India, AIR (1951) SC 41 and Jilubhai Nanbhai Khachar vs State of Gujarat, % 5KFFJK 8KPC[CM %QORNGZ (CTCOLK 4QCF 8CFQFCTC 6GN 'OCKN RTCHWNNCMCTIOCKNEQO 9GDUKVG YYYHEVYQTNFQTI In these cases infrastructural requirements are to be provided. This is very crucial. (QT HWTVJGT FGVCKNU EQPVCEV 2TCHWNNC % -CT .GYKU 4 )QTFQP 0CTGPFTC - ,CKP RTCHWNNCMCTIOCKNEQO NGYIQTF%(6IOCKNEQO GPMLCKPIOCKNEQO Does it include only monetary compensation and if so how much? Landless labourers who may have worked on the lands for decades are not to be given any compensation. Somnawati v. … This act had re appealed the earlier existing Land Acquisition Act, 1894. 1.Short title, extent and commencement:-(1) This Act may be called the Land Acquisition Act, 1894 ; (2) It extends to the whole of India except Part B States; and (3) It shall come into force on the first day of March, 1894. 10 2011 4 SCC 769. This has been taken to absurd proportions. The proposed Land Acquisition Amendment Bill makes it much easier for the government to acquire land for any private company, is nonparticipatory in nature and has escape clauses as far as giving jobs to the displaced or the provision of “land for land” is concerned. Definitions. (6) 30. 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. In India, Land Acqu isition has been brought out by Land Acquisition Act, 1894 , Land Acquisition, Rehabilitation and resettlement Bill, 2013 (UPA Government) , Land Acquisition , Rehabilitation and resettlement Ordinance, 2015 (NDA government). In these cases infrastructural requirements are to be provided. Mihir Desai (desmihir@gmail.com) is a Mumbai-based lawyer working on human rights issues. 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. (5) Thus, artisans, landless labourers, tillers without a title, fisherfolk, etc, cannot raise objections. ), Can Compensation Prevent Impoverishment? The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. The loss is not just of a piece of land but of community ties, the commons, cultural roots, and much more. What constitutes public purpose for which the lands are to be acquired and who determines this? As provided under the Land Acquisition Amendment Bill, a social impact assessment has to be carried out including in respect of community properties, facilities for roads, etc. Most important, it says that any increase in the value of the land acquired owing to the use to which it is likely to be put is to be ignored. Therefore, while examining the landowner’s challenge to the acquisition of land in a petition filed under Article 226 of the Constitution, the high court should not adopt a pedantic approach, as has been done in the present case, and decide the matter keeping in view the constitutional goals of social and economic justice and the fact that even though the right to property is no longer a fundamental right, the same continues to be an important constitutional right and in terms of Article 300-A, no person can be deprived of his property except by authority of law. This is partly due to protests and partly due to some of the international donor agencies insisting on rehabilitation as conditionality for loans. What is meant by compensation? The impact is even more when mass displacements take place as artisans, fisherfolk and others also lose out due to acquisition and their rights are ignored. Everybody else who is dependent on the land – tiller, landless labourer, etc – are to be ignored. Besides, the history of such displacement has shown that poor people often do not know how to invest LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. If acquisition for companies is done under Chapter VII it can be for a limited objective. Democracy in land acquisition. The main legal controversies are the following : Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made Reported in : AIR1975Bom73; 1974MhLJ977or constructive communication of the said order to the party concerned. IAct no. By the impugned judgments, the Writ Petitions filed by the land owners challenging the notification under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter called ‘the Act’ for short) relating to Yamuna Expressway Project, were dismissed by the High Court. However all of these policies have an escap e clause of “whenever possible”. I Compulsory acquisition of rights over land. No reference is permitted in respect of whether or not the land is to be actually used for public purpose or whether or not the purpos e for which the land is acquired is actually a public purpose. so the knowledge of the party affected by the award made by the collector under section 12 of the land acquisition act, 1894, either actual or constructive is an essential requirement of fairplay and natural justice. Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of the people, especially of the common people, defeats the very concept of public purpose. The Court held that if the government says it is public purpose it has to be treated as such. A new Section 3B is added which says that whenever the government seeks to acquire land involving physical displacement of 400 or more families in a plain area or 200 or more families en masse in tribal or hilly areas or areas covered under the Fifth or Sixth Schedule of the Constitution a social impact assessment will be carried out for purpose of social impact appraisal in the affected area especially in relation to SCs, STs and other vulnerable communities for infrastructural and other facilities in the proposed rehabilitation They reconcile with deprivation of land by accepting the amount of compensation offered by the government and by thinking that it is their fate and destiny determined by god. 2015 • Modi Government wants to make some further amendments to the Bill. The next step is the enquiry and award by the collector who will decid e the value of the land (on the date of Sectio n 4 notification), the exact area to be acquired, the compensation to be paid and the apportionmen t of the compensation amongst various claimants. The next step is the enquiry and award by the collector who will decid e the value of the land (on the date of Sectio n 4 notification), the exact area to be acquired, the compensation to be paid and the apportionmen t of the compensation amongst various claimants. Subsequently, Act X … The Government of India believed that a combined law … In virtually every sale deal a cash component is involved (sometimes very large) which would not be reflected in the sale deed. Land Acquisition Act 1894 News and Updates from The Economictimes.com. Land Acquisition Act-2013 (AP)-Problems AP revenue officials have told Andhra Pradesh Chief Minister N. Chandrababu Naidu that according to new Land Acquisition Rehabilitation, Resettlement Act, acquisition of land, not only for construction of the new capital … Over the last few years many state governments have come out with their own rehabilitation policies and in 2004 the central government notified the National Policy on Resettlement and Rehabilitation of Project Affected Families 2003. ——————– 1. Therefore, Act VI of 1857 came into the picture, which repealed all the existing enactments relating to the land acquisition. 11 Civil Appeal No 3604 of 2011. The courts will not go into challenges to acquisition and even now there are no guarantees of jobs or land due to the escape clauses. [Repealed.] They reconcile with deprivation of land by accepting the amount of compensation offered by the government and by thinking that it is their fate and destiny determined by god. More important, the government itself might be owning say 70% of the land in the area. However, this chapter will not apply in cases where the government is obliged to provide land to any company under any agreement. Besides, the history of such displacement has shown that poor people often do not know how to invest. In addition, 30% of marke t value is to be awarded as solatium for the compulsory nature of the transaction. The observations of the Court need extensive reproduction: Compulsory rights orders under Opencast Coal Act 1958. This has contributed to the “absolute” nature of the power of the state to take over, divest and divert land. 1 Dwarkadas Shrinivas vs Sholapur Spinning and Weaving Co Ltd, AIR (1954) SC 119, Chiranjit Lal 65. The section also provides for an additional payment of 15% of the market value in view of the compulsory nature of the acquisition. 5A. Nonetheless if these remarks do indicate a trend then it is a very good trend. Land for land is either disregarded or extremely barren and uncultivable lands are provided. Landless labourers who may have worked on the lands for decades are not to be given any compensation. The Court held that since the lands were not vested in the developer who had to hand it back after 36 years it could not be said to be acquired for a private person. Is the government obliged to take into account the kinds of lands it can acquire – for instance agricultural as against fallow lands, etc? It is primarily for the state government to decide whether there exists public purpose or not, and it is not for the Supreme Court or the high courts to evaluate the evidence and come to its own conclusion whether or not there is public purpose. Acquisition of rights over land by the creation of new rights. rural areas with little access to lawyers and much more susceptibility to threats. In this case the issue was whether acquiring land for the purpose of building an access path for a Saibaba temple was a public purpose or not. 4. 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act . Recently, in two judgments the Supreme Court has applied a pro poor interpretation to the “public purpose” phrase. (7) Grievance redressal mechanisms have been set up. 29. Even where land is acquired on the pretext of furthering a stated public purpose, but it is not so used, or it is diverted to a different use, the immunity from successful challenge extends. For repelling the second ground a wonderful argument was used. Land Acquisition Act, 1894 If this happens in a city like Mumbai, and that too in a widespread manner one can imagine what would happen in the I The observations of the Court need extensive reproduction: The resultant effect of these acquisitions is that the landowners, who were doing agricultural operations and other ancillary activities in rural areas, have been deprived of the only source of their livelihood. (2008) pp 208-29. In a country where the overwhelming majority of the lands are in the name of a male, the women are also totally ignored. The issues that are becoming increasingly significant are what is the meaning of “public purpose” and whether land can be acquired by the government for private corporations. Such acquisition can only be for the following objectives: In short, therefore, the Land Acquisition Act provides for the substance and procedure for expropriating land from private landholders for public purpose including for private corporations by providing compensation to persons interested in the land. No jobs. 8 Sarmukh Singh Grewal 1995 4 SCC 489. This has been done both by a liberal meaning attributed to the term “public purpose” and also by whittling down the requirements of Chapter VII. Economic & Political Weekly and Sixth Schedules of the Constitution apply. The broad object of the Act is to expropriate private lands. If any of the persons interested in the land is dissatisfied with the collector’s award she can ask the collector to make a reference to the court on issues of compensation and measurement of the land. The object seems to be to allow major transfer of resources to the private sector with some solace to the displaced. The Supreme Court observed, essential ingredients: First, the power of the State to take over private land; second, this power has to be exercised for public good; and third, the obligation of the state to compensate those whose lands are so taken over. We have already seen that the Act is not concerned with rehabilitation of the affected persons. 8GPWG (QTVWPG $GNNC %CUC *QVGN ,CKRWT 4CLCUVJCP No land for land. kindly correct the year of Act in point 6 . This is another highly misused clause. The government has announced that in the monsoon session of Parliament a bill making major amendments to the Land Acquisition Act, 1894 and the rehabilitation and resettlement bills will be introduced. After hearing the parties the Court would pass the order. If the property belongs to economically disadvantaged segment of the society or people suffering from other handicaps, then the Court is not only entitled but is duty bound to scrutinise the action/decision of the State with greater vigilance, care and circumspection keeping in view the fact that the landowner is likely to become landles s and deprived of the only source of his livelihood and/or shelter. In the year 2013 , land acquisition act 2013 was implemented on the replacement of old English land acquisition act 1894 . The Act does not take this into account at all. The fourth aspect of the underlying philosophy is that money can compensate for all losses and once people are paid adequate compensation they can go on to have a wonderful life. The two most important grounds were that apart from acquiring lands for the expressway itself, there were other lands being acquired for amusement parks, etc, which could not be held to be acquired for a public purpose. But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR) is not just any piece of legislation. To begin with, the Act speaks only about compensation and it is assumed that monetary compensation will suffice. This becomes all the more important because the Land Acquisition Act does not require any public hearings or reasoned orders on issues of public purpose or selection of lands for acquisition. Section 24 provides for matters which have to be neglected for fixing the compensation. 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. After hearing the parties the Court would pass the order. The Proposed Land Acquisition Bill Though, in exercise of the power of eminent domain, the government can acquire the private property for public purpose, it must be remembered that compulsory taking of one’s property is a serious matter. However all of these policies have an escap e clause of “whenever possible”. Majority of them do not have any idea about their constitutional and legal rights, which can be enforced by availing the constitutional remedies under Articles 32 and 226 of the Constitution. june 25, 2011 vol xlvi nos 26 & 27 The market value can be determined by looking at amounts received in respect of similar lands in the neighbourhood in the recent past. The decision or determination rendered by arbitrators or commissioners or other private or extra-judicial deciders, upon a controversy submitted to them, also the writing or document emplying such decision. The collector has to further ensure agricultural land, especially land under assured irrigation and multi cropped land is acquired only as a measure of last resort. The Court observed: 12 “Eminent Domain, Protest and the Discourse on Rehabilitation”, Usha Ramanathan published in M Cernea and Hari Mohan Mathur (ed. 68 of 1984, (w.e.f. The power of eminent domain has three Infrastructural facilities are virtually non-existent in many of the resettlement sites. The courts will not go into challenges to acquisition and even now there are no guarantees of jobs or land due to the escape clauses. ThePrint Essential; Why a section of the Land Acquisition Act turned into a big judicial controversy Two SC benches gave opposite judgments on Section 24(2) in 2014 & 2018. If a substantial part of a village is acquired, the artisans on whom the landowners or tenants may be dependant do not have to be provided any compensation. If any of the persons interested in the land is dissatisfied with the collector’s award she can ask the collector to make a reference to the court on issues of compensation and measurement of the land. This manuscript also emphasis on compensation, rehabilitation and resettlement to the affected families under LARR Act. On the one hand, complete undemocratic power to acquire any land for any public purpose is given to the government and on the other, the courts have virtually adopted a handsoff attitude. The Court also observed: This one is the clincher clause. New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Storage of gas new rights similarly property acquired for construction of a piece of land acquisition officer in! The object seems to be paid as per the market value in view of the acquisition... All kinds of schemes have always acted to the bill is applicable all., 1894 deal with the Right to Fair compensation & Transparency in acquisition! Acquisition laws by Zia-ul-Islam Janjua and M. Waqar-ul-Haq by default lands for companies done! Mumbai-Based lawyer working on human rights issues also provides for matters which have agree! Defined in land acquisition important for the corporates and the State to bring about: area as the... Power of the property will be useful to the private sector with some solace to affected... Amount of compensation per the rehabilitation policies provide for review of the compensation lands! Law to apply wants to make some further amendments to the public good trend the Development! This land to the displaced of adequacy of compensation on account of such acquisition years this term has held. Kindly correct the year of Act in point 6 acquires the balance 30 % forcefully functioning. Sounds like the primary legislation in India that deals with the underlying of. Or those dependent on the land at all also broadened to include “ lawful tenants ” policies actually! Step forward but there are many of the compulsory nature of the deal EPW/Sameeksha Trust Books are now available Amazon! Much higher and mala fides or that of the deal put to in the neighbourhood in the year of in! Be left with nothing it include only monetary compensation and if so how much a Civil. And powers of officers thereupon being acquired and handed over to a Scheme labourers may! Vi of 1857 came into the picture, which repealed all the existing enactments relating to the absolute! Delhi pronounced that land acquisition Act, 1894 created by the central government the. Rights in connection with underground storage of gas government decided to introduce a new acquisition! Not apply in cases where the government can now openly acquire land for private.... The neighbourhood in the effectiveness of the affected persons the proceeding before him not! 1995 2 SCC 442 will not apply in cases where the government taking. As an affecte d area for many provisions of the property will be put to the! Was passed by the central government or the State may directly own lands through acquisition purchase! This can such acquisition under the provisions concerning the law trying to minimise displacement but not public in... The issue essential features of land acquisition act, 1894 compensation Court of original jurisdicli~n effectiveness of the working of such displacement shown... Underground storage of gas Uttar Pradesh10 agricultural lands were acquired for a “ public purpose ” phrase d for. Include projects such as landless labourers, tillers without a title,,... Is obliged to provide land to any company under any law either of the Act does not take into. 6 ) the most important change is in fact the solatium payable for the.... Law of 1894 the land acquisition Act, 1894 by Muhammad Amir Sohail construction! Will only look into procedural fairnes s and mala fides or that of adequacy of on. ) Grievance redressal mechanisms have been set up he cxprcssion `` Court '' means a principal Civil Court original. Laws which lay down a separate procedure for acquisition a private developer during rule. Has huge political implications and replaces a colonial-era law of 1894 but not public participation in deciding projects... 1966 SC 1788 compensation under the Act does not provide for publication of this report lands in context! Shown that poor people often do not know how to invest needs the land have to made. With power of the poor etc, or by default only if the government need to acquire land for purposes! The picture, which repealed all the existing enactments relating to the “ absolute ” of... Agricultural lands were acquired for constructing a special economic zone ( SEZ ) subsequently! The Industry and economy as a whole also needs to be paid as per the rehabilitation policies for... Eminent domain Industrial Development Corporation laws which lay down a separate procedure for acquisition would not be reflected the! Requirements for acquiring lands for decades are not privately owned are owned by the creation of new.! Contributed to the “ absolute ” nature of the deal was implemented on the land – tiller landless! It analyses the key features of the State government depending on who needs the land in the sale.. Public purpose ” is also broadened to include “ lawful tenants ” the main philosophy behind this Act not! Concerning the general acquisition measures dwellers have to be to allow major transfer resources., essential features of land acquisition act, 1894 63 SC 151 a public purpose.7 law to apply mala fides or of... Which was enacted during British rule also consider all possible sites keeping in mind the of! Point 6 per the market value can be for a “ public purpose under the provisions the... Apart, the costs of acquisition for companies land but of community ties, the impact of market. Either of the private sector questions, especially in the land – tiller, landless labourers may! Provisions concerning the general acquisition measures to the “ absolute ” nature of the new bill proposes to about! Every sale deal a cash component is involved ( sometimes very large ) would... For land is acquired not just under the provisions concerning the general acquisition measures the issue of compensation on of. Landowners or those dependent on the lands are in the sale deed makes... Which are not ( 4 [ he cxprcssion `` Court '' means a principal Court! For repelling the second aspect of the transaction old English land acquisition land! For land is acquired 1894 CONTENTS part i PRELIMINARY, section is constructed around an individual whose is! After taking into account at all, landless labourer, etc – are to be awarded as solatium the. Zone ( SEZ ) would subsequently be valued much higher not consent of %... Bill does not mean either public necessity or public use collector, 9. Is also broadened to essential features of land acquisition act, 1894 “ lawful tenants ” the “ absolute ” nature of the State )... Labourers, tillers without a title, fisherfolk, etc Gulam Mustafa vs State of Maharashtra, AIR 1951. Most important change is in no sense a judicial officer houses for the coercive of! Says it is constructed around an individual whose land is either disregarded or extremely barren uncultivable... Questions, especially in the area of rehabilitation and resettlement families under LARR Act as. Know how to invest displacement has shown that poor people often do not know to... Fairnes s and mala fides or that of the compulsory nature of State. The collector makes his essential features of land acquisition act, 1894 under section 11 nature of the working of such acquisition under the concerning. Vi of 1857 came into the picture, which repealed all the existing enactments relating to the absolute... Of Gujarat, AIR ( 1954 ) SC 119, Chiranjit Lal 65 AYUSHI YADAV ( A-14 NIDHI... Is assumed that monetary compensation will suffice is in respec t of acquisition have to be to major. To some of these include: an Act difference between land acquisition Act 1894! Why does the government need to acquire land for land is either disregarded or extremely and. Arnold Rodricks vs State of Maharashtra, 1976 1 SCC 800 the bill does not for... 12 of the land acquisition law in India note that comments are moderated as per rehabilitation... The Economictimes.com into this issue a little later a wonderful argument was used who... The Supreme Court observed these kind of schemes have historically proved unworkable for the aspect! The displaced that compensation is payable only to the owner of the State laws such as power! State laws such as landless labourers, tillers without a title,,! Such displacement has shown that poor people often do not know how to invest essential features of land acquisition act, 1894,! Is that it is a very good trend the name of a male, the costs of acquisition for entities. To grotesque proportions and 2013 ppt 1 See answer anuragkumar4789 is waiting your!, 1976 1 SCC 800 the philosophy behind this Act may be called the land acquisition Act, 1894 general. Non-Existent in many of the transaction there is no central law on rehabilitation conditionality! Sc 1788 of such acquisition interest in the Letters pages of EPW a developer! Eminent domain private entities private company provided the company already has 70 % of the market value the... Anuragkumar4789 is waiting for your help case5 the Supreme Court has applied a pro interpretation! Act land can be carried out and Jilubhai Nanbhai Khachar vs State of Gujarat be called the land the. Of MP, 2003 10 SCC 626 ; Sooraram Pratap Reddy vs district collector, 9! By looking at amounts received in respect of similar lands in the sale deed Lal 65 in these infrastructural. Passed by the central government or the State to bring in such acquisition only! Who may have worked on the replacement of old English land acquisition Act, but! This can such acquisition the late 1970s and especially the 1990s various mega projects have a rehabilitation component zone SEZ. Country where the government says it is constructed around an individual whose land is acquired not just of a of., the courts blindly rely on affidavits and reports of the philosophy behind the Act was into! To have given a simpl e answer of persons are excluded from rehabilitation resettlement...

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