Land acquisition act 1894 pdf

 

    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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    Land Acquisition Act 1894 Pdf

    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.

    History[ edit ] The Land Acquisition Act, was a British era law [9] that governed the process of land acquisition in India until and continues to do so in Pakistan and Myanmar. Of particular concern was that despite many amendments, over the years, to India's Land Acquisition Act of , 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. The Government of India believed that a combined law was necessary, one that legally requires rehabilitation and resettlement necessarily and simultaneously follow government acquisition of land for public purposes. Moreover, no one can challenge the reasonableness of the restriction imposed by any law the legislature made to deprive the person of his property. State must pay compensation at the market value for such land, building or structure acquired Inserted by Constitution, Seventeenth Amendment Act, , the same can be found in the earlier rulings when property right was a fundamental right such as AIR , SCR , which propounded that the word "Compensation" deployed in Article 31 2 implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must "ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of". Chandrabhan Tale on 7 July that the fundamental right to property has been abolished because of its incompatibility with the goals of "justice" social, economic and political and "equality of status and of opportunity" and with the establishment of "a socialist democratic republic, as contemplated by the Constitution.

    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".

    LAND ACQUISITION ACT,

    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.

    You might also like: BRAIN FACTS BOOK

    Concise Law Dictionary. New Delhi: LexisNexis Butterworths Wadhwa Nagpur. A Study of their interrelationships.

    West Bengal Acts

    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. Land, Law and the Left: Section 2 - Amendment of section 1 In sub-section 2 of section 1 of the Land Acquisition Act, hereinafter referred to as the principal Act , for the words, figures and letters "the territories which, immediately before the 1st November, , were comprised in Part B States; and", the words "the State of Jammu and Kashmir" shall be substituted.

    Section 6 - Amendment of section 6 In section 6 of the principal Act,- a in sub-section 1 , 1 for the first proviso, the following proviso shall be substituted, namely; "Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section 1 ,- i published after the commencement of the Land Acquisition Amendment and Validation Ordinance, , but before the commencement of the Land Acquisition Amendment Act, , shall be made after the expiry of the three years from the date of the publication of the notification; or ii published after the commencement of the Land Acquisition Amendment Act, , shall be made after the expiry of one year from the date of the publication of the notification;"; 2 the following Explanations shall be inserted at the end, namely:- "Explanation 1.

    Explanation 2. 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.

    Section 8 - Amendment of section 11 Section 11 of the principal Act shall be re-numbered as sub-section 1 of that section, and,- a in sub-section 1 as so re-numbered, that following provisos shall be inserted at the end, namely. Explanation - In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded.

    Section 10 - Insertion of new section 13A After section 13 of the principal Act, the following section shall be inserted, namely: "13A. The period for presenting objections was increased to 60 days and a time frame was put in place to complete the process of disbursement of compensation and provision of rehabilitation and resettlement. 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.

    In order to settle disputes regarding land acquisition it proposed a Land Acquisition Compensation Disputes Settlement Authority to adjudicate all such disputes within six months. The Relief and Rehabilitation Bill mandated the procedures for determining eligibility and benefits for affected individuals and put in place authorities and bodies to oversee the process. However, it did not make compulsory the resettlement of affected people, but instead merely mandated the procedure.

    Its mechanism of grievance redressal was problematic in granting authority likened to that of a court to authorities outside of the judiciary.

    The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act In , on recommendations of NAC to combine the two Bills, a comprehensive Land Acquisition, Rehabilitation and Resettlement Bill was introduced in the Parliament to replace the existing Land Acquisition Act and bring the process of land acquisition and subsequent rehabilitation of the affected population into the ambit of one single law. Certain key new elements introduced in this Bill included the increase in compensation values to four times the market price of land in rural areas, and two times the market value in urban areas.

    The Land Acquisition Act, 1894

    While it limited the acquisition of land for public purposes only, it included private companies as well as public-private partnership projects within the ambit of the law, requiring the consent of 80 per cent of displaced people in this case.

    Social Impact Assessment was to be conducted in the case of all land acquisition. However, it was a move ahead in establishing certain structures in place such that the interests of to-be affected populations are taken into consideration to a large extent.

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