2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land is sought to be acquired. He held that once the State makes an award and issues a memorandum, the title no longer rests with the landowner. The average effective cost of land, in the above example will be at least Rs.41,00,000 per acre plus replacement homes and additional services. persons and replaces the Land Acquisition Act, 1894. It held that once compensation has been tendered, but the person refuses to accept it, this amounts to a discharge of obligation under section 31(1) of the Land Acquisition Act, 1894. The Land Acquisition Act, 1894. WHEREAS it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:- The Government of India believed that a combined law … Acquisition of land 3A. The term “public purpose” was ambiguous and open to executive-discretion. The Preliminary Notification shall be published in the following manner:-. He referred to Black’s Law Dictionary, which defines the noun “tender” as an “unconditional offer of money”. Various counsels argued that Justice Mishra should recuse himself from the current case, contending that he suffered from a perceived bias. In Habib Ahmed v. State of Uttar Pradesh[v], the Court has held that neither the notification nor the declaration can be quashed on the ground that there was no necessity for acquiring the land for a public purpose. The Dictionary specifies that “the tender may save the tendering partner from a penalty of non-payment”. However, the provision does not specify precisely what such a payment entails. Section 13 provides that the officer shall at the time of entry under section 12 pay for any damage caused. 2. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. 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. However, Justice Mishra authored a 62-page order refusing to do so. 1894 once the acquiring authority has formed the intention to acquire a particular plot of land, it can carry out the acquisition regardless of how the person whose land is sought to be acquired is affected. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act It is considered the biggest reform in land governance. Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. He clarified that there is no requirement on the State to forcefully remove the previous landowners from the land in order to claim possession. Short title, extent and commencement. Provided that the appropriate Government may take the decision to extend the period of 12 months if in its opinion, circumstances exist justifying the same but such decision shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. Copyright © 2020 Lawctopus. Short title P ART I PRELIMINARY 2. 75 at p. 79 (P&H). The below summary limits itself to the 6 March 2020 judgment. He reasoned that when two different terms are used in the same statute, they cannot be given the same meaning, as this would be contrary to legislative intent. Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. (3) It shall come into force on the 1st day of March, 1894. The government has a special responsibility in this regard, and cannot later take refuge behind the pretext that the compensation was paid to the claimant who actually appeared while others did not appear. In this case, a five-judge Bench of the Supreme Court resolved ambiguities pertaining to State land acquisition lapses under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘2013 Act’). Abstract: The Land Acquisition Act, 1894 is the primary prominent space act that appeared under the British guideline. Also, the ‘Requiring Body’ must deposit an amount, in full or part, as may be prescribed by the appropriate Government towards the cost of acquisition of the land. The proviso comes at the end of Section 24, after sub-section (2)(b). This appeal arises from certain land acquisition proceedings. Ultimately, the Bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The provision states, “where an award [under the LA Act] has been made five years or more prior to the commencement of this [2013] Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed”. After receipt of objections, the concerned authority shall consider those objections, and if found unsatisfactory, then a final declaration rejecting the claims will be issued. THE LAND ACQUISITION ACT, 1894 (Act No.1 of 1894) PART I-PRELIMINARY 1. What is the procedure to fight this legally? It is thereafter that the Government is empowered to proceed further. Section 3(x) defines ‘person interested’ as-. The reference was made in the context of two prior conflicting judgments on the interpretation of Section 24(2). The legislation relating to land acquisition had been in existence since the time of the British Raj in India as the Land Acquisition Act, 1894. He reasoned that if “or” were held to be disjunctive, then absurdities would follow. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. Section 17 in The Land Acquisition Act, 1894. Therefore, the rules laid down in the landmark judgments under the old law will hold well under the new Act also. Requiring Body as defined under Section 3(zb) means a company, a body corporate, an institution, or any other organisation or person for whom land is to be acquired by the appropriate Government, and includes the appropriate Government, if the acquisition of land is for such Government either for its own use or for subsequent transfer of such land is for public purpose to a company, body corporate, an institution, or any other organisation. 3. Provided that in computing the time of 12 months any period during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. Every declaration shall be published in the following manner:-. Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this restriction. In this Act, unless there is something repugnant in the subject or context,- (a) the expression “land” includes benefits to arise out of land, and things attached to any other ground which may be in the interest of equity, justice and beneficial to the affected families. The research paper analyses the aims and objectives of the Act as well as its scope. ). Section 16 provides for the preparation of Rehabilitation and Resettlement Scheme by the Administrator. * * * * ၁ ၂ 3. The Land Acquisition Act, 1894 deals with the acquisition of land in Pakistan by the State for public purpose or for company or for temporary period. (c) the apportionment of the compensation among all the persons known or believed to be interested in the land, or of whose claims, he has information, whether or not they have respectively appeared before him. Time period during which the same is to be granted is specified as well. The legislation being very old and with no provisions for compensation, rehabilitation and resettlement needed to be replaced with one which filled its loopholes. History 1894 • Land Acquisition Act, 1894 created by the British. Part of what made this case so controversial is that the reference to a five-judge Bench arose out of unusual circumstances. Income Tax Department > Tax Laws & Rules > Acts > Land Acquisition Act, 1894 Income Tax Department > All Acts > Land Acquisition Act, 1894 Choose Acts: Section Wise: Chapter Wise: Section No. Appropriate Government to be satisfied with regard to certain matters before initiating acquisition proceedings. The political turmoil resulting from land acquisition for mining and industrial projects led the UPA government to undertake a wide-ranging overhaul of the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR Act, 2013) was enacted. As indicated above, one of the primary issues pertained to the interpretation of “or” in Section 24(2). The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector. THE LAND ACQUISITION ACT, 1894 (Act No.1 of 1894) PART I-PRELIMINARY 1. Justice Mishra concluded that once the State tenders the compensation, the land acquisition cannot lapse under Section 24(2). the Land Acquisition Act, 1894. Before proceeding into what the judgment held, below are the specific issues that arose before the Bench. It held that once compensation has been tendered, but the person refuses to accept it, this amounts to a discharge of obligation under section 31(1) of the Land Acquisition Act, 1894. An Act to amend the law for the acquisition of land for public purposes and for Companies. He concluded that to allow proceedings to lapse after the State has taken possession due to non-payment, would contradict the provisions of the LA Act. Short title, extent and commencement. However, there are two others that must be briefly mentioned. There then exists no mechanism for reversing the process and lapsing the land acquisition, according to Justice Mishra. Whether the land is required for a public purpose or not has to be decided solely by the State Government. The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir. The Land Acquisition Act, 1894 was a law passed by the Imperial Legislative Council, that governed the process of land acquisition in India until 2013 and continues to do so in Pakistan and Myanmar. Gender Discrimination at Workplace and Law Behind, The Right to Adequate Housing Denied: Homeless…, The Lost Right to Compensation of Wrongfully…, To ensure, in consultation with institutions of local self-government and Gram Sabhas a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families, Provide just and fair compensation to the affected families whose land has been acquired or are affected by such acquisition, Make adequate provisions for such affected persons for their rehabilitation and resettlement. The legislation that was enacted to govern the same  was very old, having not been changed since the time of the British and had several lacunae. IAct no. 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. Added controversy arose because Justice Arun Mishra had led the Bench that delivered the 2018 judgment. Land Acquisition refers to the forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. In addition to the above, there are other important observations worth brief mentioning. As described above, Section 24(2) states that land acquisition proceedings under the LA Act may lapse, if the State fails to pay the beneficiary landowners: “where…the compensation has not been paid the said proceedings shall be deemed to have lapsed”. Land Acquisition is a concurrent subject under the constitution. He observed that Section 24(2) does not “give rise to a new cause of action to question the legality of concluded proceedings”. Whether the land is required for a public purpose or not has to be decided solely by the State Government. … The researcher also examines the procedure for acquisition under the new Act which begins with the issuance of a notification, publication of the same and carrying out a Social Impact Assessment and a survey of the land to analyse whether the land is being acquired for a public purpose and to ascertain whether there is any alternate land that should be acquired for the same. The judgment also addresses the fact that there is an excess of litigation around land acquisition proceedings. 2015 • Modi Government wants to make some further amendments to the Bill. Complexities arose out of the fact that the Court had to resolve how the 2013 Act interacts with its repealed predecessor - The Land Acquisition Act, 1894 (‘LA Act’). Perhaps less expectedly, Justice Mishra also overturned his 2018 judgment in Indore Development Authority: “the decision too cannot prevail” (para 362). 2003. Justice Mishra underpinned his conclusion by observing the contradictory consequences that would follow from the alternative interpretation. The time period should not be less than 30 days and not more than 6 months after the date of publication of the notice. (e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle. (a) the area and suitability of land proposed to be acquired; (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report. (1) In cases of urgency, whenever the 47 [appropriate Government] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), 48 [take possession of any land needed for a public purpose]. (i) particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved; (ii) details of Government buildings, public amenities and infrastructural facilities which are to be provided in the Resettlement Area; The draft shall include time limit for implementing Rehabilitation and Resettlement Scheme. That is to say, can land acquisition proceedings lapse if only one of the contingencies is met, or must both be met? The Collector shall give the objector an opportunity of being heard in person or by any person authorised by him or by an Advocate and shall, make a report to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government. •           the consented amount in case the land is acquired for private companies or public-private partnership projects. Land Acquisition (Companies) Rules, 1963. First, what conditions must the State fulfil to take "physical possession" of acquired land? LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. The 2018 judgment held that failure to pay landowners could not alone lapse land acquisition. 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. (a) particulars of lands and immovable properties being acquired of each affected family; (b) livelihoods lost in respect of landless who are primarily dependent on the lands being acquired; (c) a list of public utilities Government buildings, amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; (d) details of any common property resources being acquired. (b) in two daily newspapers being circulated in the locality, of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; (d) uploaded on the website of the appropriate Government. 1894 The Government of India believed there was a heightened public concern on land acquisition issues in India. He also clarified that in instances where a beneficiary has not received a payment, the State may have to pay interest on the original compensation as per Sections 31 and 34 of the LA Act (equivalent in 2013 Act: S.77 & 80). Additionally, the amount of minimum compensation to be given is also fixed at a multiple of the total of the ascertained market value, plus value of the assets attached to the property, plus a solatium equal to 100% of the market value of the property including value of assets. A few persons refusing compensation could lapse the acquisition of a vast tract of land for public use. 5. Section 24(2) shall only apply to pending proceedings, where the award was given at least 5 years prior to the commencement of the 2013 Act. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act . Definitions. Section 15(1) provides that any person interested in any land which has been notified as being required or likely to be required for a public purpose, may within 60 days from the date of the publication of the preliminary notification, object to–. Where no declaration is made within 12 months from the date of preliminary notification, then such notification shall be deemed to have been rescinded. (1) This Act may be called the Land Acquisition Act, 1894; [2] [(2) It extend to the whole of Pakistan ]; and (3) It shall come into force on the first day of March 1894. He observed that, as per G.P. The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition may use the services of experienced persons in the field of agriculture as may be considered necessary by him. ; or. Public Purpose and Consent 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. For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,–. He added that nowhere in the LA Act, nor the 2013 Act, is a payment a pre-condition for taking possession. for public purposes and for Companies. Hi, The agricultural land of the assessee was acquired by the State Government for Minor Irrigation Division, Latur in the year 1993. Government acquires land for its own use, hold and control, including land for Public sector undertakings. The assessee received compensation for acquisition of land Rs.77,43,080/- including interest Rs.52,96,632/- u/s. In sum, this 4 March 2020 judgment overturns all previous judgments on the interpretation of Section 24(2) of the 2013 Act. He has information that the valuation is not highest 50% of sale That is to say, “or” should be read as “nor”/ “and”. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed. ! In effect, Justice Mishra’s observations entail (among other things) that when compensation is not deposited in a majority of landowners’ accounts in proceedings under the LA Act, they are payable in terms of the provisions of the 2013 Act. • Land acquisition is the process by which the government acquires private property for public purpose. 3B. Justice Mishra resolved this potential ambiguity by relying on the provisions of the LA Act. The process of acquisition begins with the issuance of preliminary notification, as envisaged under Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Administrator shall, based on the survey and census before, prepare a draft Rehabilitation and Resettlement Scheme, which shall include-. Under Section 22 the Collector may also require any interested person to make or deliver to him a statement within 30 days containing the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. An Act to amend the law for the acquisition of land for public purposes and for Companies. In February 2018, the three-judge Bench in Indore Development Authority v. Shailendra (Dead) set aside the three-judge Bench judgment in Pune Municipal Corporation v. Harakchand Misirmal Solanki (2014). (a) to enter upon and survey and take levels of any land in such locality; (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and. Section 14 provides that where a preliminary notification under section 11 is not issued within 12 months from the date of appraisal of the Social Impact Assessment (SIA) report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings. Just wanted a clarification. In case any person interested resides elsewhere, and has no agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of business and also publish the same in at least two national daily newspapers and also on his website. There is also a provision for hearing objections with regard to acquisition. However, the impact of the new Act on the Industry and economy as a whole also needs to be taken into account. Interpretation P ART II ACQUISITION 3. Justice Mishra specified that landowners cannot use Section 24(2) to re-open concluded LA Act proceedings. He concluded that the proviso only applies to sub-section (2)(b). The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandates compensation and entitlements without limit to number of claimants. The Union argued that this “or” had to be interpreted as conjunction, i.e. But it is not sole judge. The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. Editor’s note: In India the Government has the power to acquire land for a public purpose. (2) It extends to the whole of India except l [the State of Jammu and Kashmir] (3) It shall come into force on the first day of March. In effect, he held that once the State makes an award and takes possession, it becomes the “absolute owner of the land”. THE LAND ACQUISITION ACT, 1894. It is considered the biggest reform in land governance. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid down rules for granting compensation, rehabilitation and resettlement to the affected persons in India. Justice Mishra overturned the finding in Pune Municipal Corporation that paying compensation cannot entail a deposit in the treasury. This hinged on the correct interpretation of “or”. Case laws under the old act are referred to to clarify issues since the provisions are somewhat similar. Moreover, rehabilitation has been incorporated in the new Act and the procedure for the same has been laid down as well. It is payment for the intended damage. If no objections are made, the Collector has got to make a report. • Under the 1894 Act, the government could acquire any land as it wishes to, in the name of "public purpose“. The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration. The Government of India believed there was a heightened public concern on land acquisition issues in India. Abstract: The Land Acquisition Act, 1894 is the primary prominent space act that appeared under the British guideline. The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The notification to be issued shall contain details of the land to be acquired, a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement. The legislation being very old and with no provisions for compensation, rehabilitation and resettlement needed to be replaced with one which filled its loopholes. Most prominently, there were no provisions for compensation or rehabilitation on acquiring land. (1) This Act may be called the Land Acquisition Act, 1894. However, relying on Patel Chunibhai Dajibha, Justice Mishra held that “or” in this context must be interpreted conjunctively. ƒLand Acquisition refers to the forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. 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. Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. Relying on case law, Justice Mishra held that a proviso must be read as a part of the provision it is appended to. Section 24(2) defines two conditions that can lead to a lapse: non-possession by the State or non-payment to the landowner(s). 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. Government decision is final since this is for public cause and welfare of the society at large. (b) in two daily newspapers circulating in the locality of required area of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil; (d) uploaded on the website of the appropriate Government; Immediately after issuance of the notification, the concerned Gram Sabha or municipalities shall be informed of the contents of the notification issued in all cases of land acquisition at a meeting called especially for this purpose. 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