The land acquisition, rehabilitation and resettlement larr bill, 2011 is a proposed law that lays down various provisions and directions to be followed while acquiring land anywhere in the country. Recently, the new modi government has suggested some amendments to the bill, which has met with acclaim for some parts but criticism from most people. This working paper looks at the new land acquisition. Until 20, the land acquisition in india was governed by. The draft bill begins abruptly with part i on land tenure, without preliminary sections setting out the ills scope, application and guiding values, or defining the nature of land rights that exist in ghana. The narendra modi government is trying to push through parliament a key, new land acquisition bill, on which rides its economic reforms agenda.
Introduction the draft bill is being placed in the public domain as part of pre legislative consultative process. In fact, the original draft first uploaded on the website of the ministry of rural. Draft land bill out, govt looks to curtail role in acquisition. Determination of market value for land acquisition priyanshu gupta. Of particular concern was that despite many amendments, over the years, to indias land. The new land acquisition act, which came into force on first january, 2014 seeks to fundamentally alter the system of land acquisition in india. The land acquisition act of 1894, meant to bring some. The land acquisition, rehabilitation and resettlement bill. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind. 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. The bill closely follows the recommendations of the working group of the national advisory council nac 2011, though it differs on some key points. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill, 2015 a bill further to amend the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. The act of 20 in section 24 2 provides that where in a case of land acquisition under the act of 1894, an award has been made five years or more prior to the commencement of the act, but physical possession has not been taken or compensation has not been paid, then the acquisition proceedings shall have to begin afresh under the act of 20.
Myanmar passes new law for land acquisition, resettlement. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Add a new preliminary section introducing the fundamental nature of land rights in. After framing the draft rules it will be placed before the cabinet tomorrow for approval and tabled in the assembly session scheduled this month, prasad added. There is no reason why a new concept of property should be introduced in the. After world war ii, the japanese agricultural land act was changed, and ownership of. An act to govern the acquisition of land for public purposes. Land acquisition, rehabilitation and resettlement act legislative.
Land acquisition, rehabilitation and resettlement indian institute. The rajasthan land acquisition bill, 2014 a bill to provide for, and expedite the process of, land acquisition for public purposes with the least disturbance to owners of the land and other interested persons and to provide for fair and better compensation to the persons whose land is. Criticism of the new land acquisition act ipleaders. The bill provides for land acquisition as well as rehabilitation and resettlement. Draft land bill out, govt looks to curtail role in acquisition the upa government sought to address the politically sensitive issues of land acquisition and rehabilitation of affected people by. Determination of market value for land acquisition.
As per new changes, the level of consent of landowners for acquiring land for private purpose has been made stiffer. New modifications in land acquisition bill draft the government has brought some fresh changes in the draft land acquisition bill. This report analyses ghanas draft land bill draft 3, 2011. The land acquisition bill, 2015 muting out the plight of. It is different from the purchase of the land, which is a contract between a willing seller and a willing buyer on mutually acceptable terms. Following these changes, the percentage of land owners, whose consent is a must for. Recently, article 10a of land acquisition, rehabilitation and resettlement act, 20 was amended by an ordinance. Till 20, land acquisition in india was governed by land acquisition act of 1894. The proposed amendment to the larr 20 seeks to bridge the above gap and support twoway development, i. Then and now 2 resettlement of people living in the acquired area is a cause of concern as their livelihood is dependent on that land. An act of parliament to give effect to article 68 of the constitution, to revise, consolidate and rationalize land laws. This blog briefly outlines the context and the major legislative changes to the land acquisition law. What is actually the land acquisition bill 2015 and why.
Chapter discusses how the new law attempts to achieve fairness in the payment of compensation. So congress government enacted new law in 20, with provisions for social impact assessment, fair compensation, dispute settlement and other fancy things. This draft bill seeks to balance the need for facilitating land acquisition. As the lok sabha takes the controversial land acquisition bill for a. For the purposes of this section a the public interest includes the nations commitment to land reform, and to reforms to bring about equitable access to all. Pdf the new bill on land acquisition recently tabled in parliament is well intentioned but. By implication, the new law indicates that land acquisition without adequate mitigation of its adverse environmental and social impacts will not be allowed. While the act has been hailed in many quarters as a benevolent social legislation which, if implemented correctly, will have immensely beneficial social ramifications, it has also been the subject of. The contentious land acquisition bill has been a talking point since 20, when the then united progressive alliance upa government announced it in parliament. A fivejudge bench led by justice arun mishra pronounced its judgement in the case which had earlier seen two contradictory judgements, in 2014 and 2018, over whether land acquired by the government would lapse if it fails to deposit the compensation within five years in the bank account of the.
Rehabilitation and resettlement larr bill, 2011 and explores key. The majority of the indian population is depended on lands. Invitation for the public to comment on the draft expropriation bill, 2019 42127. Implementation plan for the proactive land acquisition.
Now, with the change of government, a new set of changes have been introduced to undo the effect of act of 20, through the enforcement of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2014. The following draft of certain rules, which the central government proposes to make in exercise of the powers conferred by clauses b, e, f, g, h, i, j, k, l, m, o, p, q, r, s, t and u of subsection 2 of section 109 of the right to fair compensation and transparency in land acquisition, rehabilitation and. Under the land acquisition act, 1894, compensation is required to be paid at marker value. The right to fair compensation and transparency in land. Means this land rights act, including any amendment thereto. Land acquisition in india refers to the process by which the union or a state government in india. The process for land acquisition involves a social impact assessment survey, preliminary notification stating the intent for acquisition, a declaration of acquisition, and compensation to be given by a certain time. Context land acquisition, unlike the purchase of land, is the forcible takeover of privately owned land by the government. The bill replaced the land acquisition act of 1894. Examination of proposals for land acquisition and social impact assessment report. Be it enacted by the state legislature in the sixtyfifth year of the republic of india, as follows. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. The draft law stands apart from the process to amend the constitution, and does not rely on it. Land is acquired for projects which serve a public purpose.
Investigations for selecting land for public purpose. Land act 1996 independent state of papua new guinea. Means the acquisition of title to a piece of private land based on proved continuous, uninterrupted possession of said land without. The current draft of the bill provides little or no guidance on the roles and responsibilities of state land sector agencies with respect to customary lands or the relationships between customary land authorities and the state actors. The term land acquisition means forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Land act 1996, being an act relating to land, to consolidate and amend legislation relating to land, and to repeal various statutes, and for related purposes. Code of civil procedure to apply to proceedings before court. 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. Situation arising out of acquisition of farmers land.
Right to fair compensation and transparency in land. Land acquisition implemented according to the new law will have to be a more transparent and inclusive process than before. Land acquisition, rehabilitation and resettlement amendment act, 2015. Notwithstanding anything contained in subsection 1, in case of land acquisition proceedings initiated under the land acquisition act, 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the.
Draft land expropriation bill heres what you need to know. Land acquisition, rehabilitation, resettlement act 20. Prasad held a meeting with officials to discuss the pros and cons of implementing the new land act, which has replaced the 120yearold land acquisition act, 1894, from january 1. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 also land acquisition act, 20 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. Page 3 public consultation draft community land development bill 2019 nsw part 1 preliminary community plan has the same meaning as in section 71.
Pdf the land acquisition bill a critique and a proposal. Where was the need to amend the land acquisition act 1894 the land acquisition is the process by which land owned by persons in compulsorily acquired. The importance of the land acquisition and rehabilitation and resettlement bill larr 2011 recently tabled in parliament cannot, therefore, be overstated. But, this larr act20 established an extremely complex and impractical land acquisition process. I think that the two major changes that were made are removal of consent clause and social impact assessment now gove. Land acquisition and infrastructure development through. All about the new land acquisition bill down to earth.
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