The land Acquisition Act, PART III. Previous c(agreement I. REFERENCE TO COURT AND PROCEDURE THEREON. Reference to coun .,. _. THE LAND ACQUISITION ACT, ARRANGEMENT OF SECTIONS. ______. PART I. PRELIMINARY. SECTIONS: 1. Short title, extent and commencement. The Land Acquisition Act, Section. Power to enter and lake possession, and compensation on restoration. Difference as to condition of land.
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This Act contains 55 Sections. ❖ It came into force from ❖ Object of this Act – Empowers Government to acquire private land only for public purpose or. This Act may be cited as the Land Acquisition Act. “non-lot acquisition” means an acquisition under this Act of any common property (and. (3) It shall come into force on the 1st day of March, State amendments Andhra Pradesh 2. —In section 1, in sub-section (2), after the words “except the.
Miss Banerjee wanted private companies to download per cent of the land, according to a report The Statesman, 26 July Eminent domain doctrine has been widely used in India since the era of Independence , with over These occurrences are generally categorized as " development-induced displacement ". The process of land acquisition in India has proven unpopular with the citizenry.
The amount reimbursed is fairly low with regard to the current index of prices prevailing in the economy. Furthermore, due to the low level of human capital of the displaced people, they often fail to find adequate employment .
These rehabilitation policies do not cover fishermen , landless laborers , and artisans.
Roughly one in ten Indian tribals is a displaced person. Dam projects have displaced close to a million Adivasis , with similar woe for displaced Dalits. Some estimate suggests 40 percent of displaced people are of tribal origins Fernandes, There have been a rising number of political and social protests against the acquisition of land by various industrialists.
They have ranged from Bengal, Karnataka , and Uttar Pradesh in the recent past. At least a decade before the Singur episode similar events occurred in West Bengal, although the opposition parties and other civil society organisations remained silent at that time. The Land Acquisition Act of allowed the government to acquire private lands. It is the only legislation pertaining to land acquisition which, though amended several times, has failed to serve its purpose.
Under the Act, displaced people were only liable for monetary compensation linked with market value of the land in question, which was still quite minimal considering circle rates are often misleading Singh Land acquisition related conflicts during the post-reform period in India has shown three distinctive tendencies; 1 Technocracy and Bundle of Rights, 2 Power-land Regulation Nexus, and 3 Disappearing Commons.
The current Narendra Modi led National Democratic Alliance government driven Land Acquisition Amendment Bill  in the Lok Sabha on 10 March has seen a tough resistance from key position parties in India who have called the proposed amendments "anti farmer" and "anti poor". The proposed amendments remove requirements for approval from farmers to proceed with land acquisition under five broad categories of projects.
The following are the main "disputation points": The Government came under heavy attacks from opposition parties and farmer organization for the proposed Land Acquisition bill amendments. The opponents of the Land acquisition bill claim the bill to be "anti-farmer" and "pro corporate".
They claim that the amendments are aimed at "benefiting the large corporate houses". The opposition, including the Indian National Congress , has opposed the bill in and out of Parliament. Sonia Gandhi , the chairperson of the United Progressive Alliance and Indian National Congress , called the bill "anti-poor" and "anti-farmer". She alleged that the bill will "break the backbone of India".
Samajwadi party leader Mulayam Singh Yadav said the Modi government is "taking anti-farmer stand" and is "favoring industrialists".
One of the alternative proposals to land acquisition is leasing the land from landowners for a certain lease period. Proponents cite how land acquisition policies by Governments unwittingly encourage rampant land speculation making the projects expensive since huge portion of investment would be need to be allocated for land acquisition costs.
Leasing land, may also support sustainable project development since the lands need to be returned to the landowners at the end of the lease period in a condition similar to its original form with out considerable environmental degradation.
In this model, the landowner lends her land to the government for a steadily-increasing rent, or through an annuity-based system as currently practiced in Haryana and Uttar Pradesh. Some industries already follow the model of leasing lands instead of acquiring it. Renewable energy projects such as Wind Power farms projects often lease the land from land owners instead of trying to acquire the land which could make the projects prohibitively expensive.
From Wikipedia, the free encyclopedia. Main article: The Gazette of India. Retrieved 2 June Ministry of Rural Development, Government of India.
Retrieved 1 June Retrieved 17 March Six facts you need to know". The Hindu. Retrieved Research Foundation for Governance in India.
Concise Law Dictionary. New Delhi: LexisNexis Butterworths Wadhwa Nagpur.
The Land Acquisition Act, 1894
A Study of their interrelationships. Eastern Law House. Land rights as social rights. The case of India.
A Critical Overview'. Danda, K. Basa, K.
Indian National Confederation and Academy of Anthropologists. JP Associates". The Financial Times. Agricultural Land Values". Ministry of Labor and Employment, Government of India. The vexed issue of land acquisition". Chennai, India. Terminski, Development-Induced Displacement and Resettlement: Theoretical Frameworks and Current Challenges, research paper, Geneva, Edited by Michael M.
World Bank, Oxford University Press. Section 12 - Insertion of new Section 15A After Section 15 of the principal Act, the following section shall be inserted, namely:- "15A. Power to call for records, etc.
Section 16 - Amendment of Section 24 In Section 24 of the principal Act,- a in clause sixthly, the word "or" occurring at the end shall be omitted; b in clause seventhly, the word "or" shall be inserted at the end, and after the clause as so amended, the following clause shall be inserted, namely:- "eighthly, any increase to the value of the land on account of its being put to any use which is forbidden by law or opposed to public policy.
Section 17 - Substitution of new section for section 25 For Section 25 of the principal Act, the following section shall be substituted, namely:- " Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector. Re-determination of the amount of compensation on the basis of the award of the Court.
Section 20 - Amendment of Section 34 In Section 34 of the principal Act,- a for the words "six per centum", the words "nine per centum" shall be substituted; b the following proviso shall be inserted at the end, namely:- "Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.
Section 21 - Omission of Section 38 Section 38 of the principal Act, shall be omitted. Section 22 - Amendment of Section 38A In Section 38A of the principal Act, for the words, figures and letter "sections 5A, 6, 7, 17 and 50", the words,' figures and letter "Sections 4, 5A, 6, 7 and 50" shall be substituted. Section 24 - Amendment of Section 40 In Section 40 of the principal Act, in subsection 3 , for the words "Code of Civil Procedure", the words and figures "Code of Civil Procedure, " shall be substituted.
Section 26 - Amendment of Section 46 In Section 46 of the principal Act, for the words "fifty rupees", the words "five hundred rupees" shall be substituted.Value of the property in the neighbourhood can be used as a criteria.
The Land Acquisition Act, 1894
World Bank, Oxford University Press. Section 7 - Amendment of section 9 In section 9 of the principal Act, in sub-section 4 , for the words and figures "registered under Part III of the Indian Post Office Act, ", the words and figures "registered under sections 28 and 29 of the Indian Post Office Act, " shall be substituted. There was an increase in the compensation for land, taking into account an increase in the value of the land once put to its proposed use, and a restriction in state intervention for acquisition of land for companies to thirty per cent of the land where seventy per cent of the land would have to be acquired by the company itself through download in the market.
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In this model, the landowner lends her land to the government for a steadily-increasing rent, or through an annuity-based system as currently practiced in Haryana and Uttar Pradesh.