In the 2011 Supreme Court case of Dev Sharan vs. State of Uttar Pradesh [3], the Apex Court itself had critiqued the state’s efforts at diluting the said clause by pointing out that, “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 people especially of the common people defeats the very concept of public purpose.” A similar active and critical stance, against government action, was adopted by several benches in subsequent cases as well. The Land Acquisition, Rehabilitation and Resettlement (LARR) Bill, 2011, is a law that lays down various provisions and directions to be followed, while acquiring land anywhere in the country. PART II ACQUISITION. the types of projects for which land could be acquired.  Non consultative, Non transparent, Low compensation. The term ‘public purpose’ has been defined very capaciously, and the following types of projects would be included within its ambit: 1. All you need to know about RERA Rajasthan. Shrinking Education Budget Has Hit Scholarships For Students From Deprived Communities. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act): Main features of act: Clearly defines various types of “public purpose” projects for which, Government can acquire private land. Land Acquisition is a process by which the Central Government or the State Government acquires the private property of an individual for any public purpose. PART II Compulsory Acquisition of Land and Abandonment … What changes does the current government want to make in its amendment-by-ordinance to the Land Acquisition Act, 2013? 5) Compensation for rural area under would be calculated by … Most of them agricultural lands, some are depended on urban properties. In 2013, the Land Acquisition Act, 1894 was replaced with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. Even the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, which has taken the place of the colonial act of 1894, has failed to address the shortcomings of its legal predecessor, in so far as the ‘public purpose’ clause is concerned. This can result in forceful evictions of land owners, without proper alternate arrangements for their rehabilitation and resettlement. We examine the main provisions of the Land Acquisition Act in India, the purposes for which it can be used and how it affects land owners, Provisions and purpose of land acquisition, Compensation under the Land Acquisition Act, How to arrive at the fair market value of a property, and its importance in income tax laws, difference between land acquisition act 1894 and 2013, Griha Pravesh Muhurat 2020: Best dates for a house warming ceremony. Over the years, this has given rise to long drawn conflicts, both in the form of legal battles as well as mass movements, fought by the dispossessed groups against the land taking authorities. In the midst of such repeated conflicts, the attitude of unfailing judicial deference to government actions started showing some signs of change in a few judgements of recent past. The latter has brought about a number of much-discussed amendments like the requirement of consent from the landowners while acquiring land, ensuring rehabilitation and resettlement and enhancing the compensation amount manifold. The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire process of land acquisition. The Social Impact Assessment was a must for every acquisition in the Act but the mandatory requirement was removed for security, defence, rural infrastructure and industrial corridor projects in the amendment. Section. The bench also held that under the provisions of Section 24 (1) (a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in case the award is not made as on 1.1.2014, the date of commencement of Act of 2013, there is no lapse of proceedings. History of LARR, 2013  The Primary Land Acquisition Act was the Land Acquisition Act of 1894. Aggrieved landowners have repeatedly challenged the government’s action on the ground that the proposed purpose for acquiring their land is not justifiable to them and are clearly meant for setting up of private enterprises. E-Registration: A major step towards transparency. Shorl ritlc, cxtcnt and commencemcnl. 3. The pros and cons of buying agricultural land. The views expressed in this piece are those of the author, and don’t necessarily reflect the position of CBGA. [1] Bajirao T. Kote (Dead) By Lrs. [2] Indrajit C. Parekh of Ahmedabad and Another vs. State of Gujarat and Others, 1975 INDLAW SC 579. These articles, the information therein and their other contents are for information purposes only. Act I of 1894 The Land Acquisition Act, 1894 CONTENTS PART I PRELI~~NARY. An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair … and Another vs. State of Maharashtra and Others, 1994 INDLAW SC 685. Legally, all that was required to validate government’s decision on this matter was bearing a part of the cost of acquisition, however small it might be, from public funds. The compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. 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