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TableofContent

TableofContent
Synopsis
Chapter1
ABriefHistory
Chapter2
NeedfortheAct
Chapter3
KEYDIFFERENCESBETWEENTHE1894ACTANDTHE2013
Chapter4
SOCIALIMPACTASSESSMENT
Chapter5
PROCEDUREFORACQUISITIONOFLAND
Chapter6
Compensation
Chapter7
REHABILITATIONANDRESETTLEMENT
Chapter8
RETROSPECTIVEEFFECT
Chapter9
PROVISIONSFORTHESCHEDULEDCASTEANDTHESCHEDULEDTRIBE
Chapter10
NEWCONCEPTSUNDERTHELANDACQUISITIONACT,2013
Chapter11
PROVISIONFORFOODSECURITY


Chapter12
THERIGHTTOFAIRCOMPENSATIONANDTRANSPARENCYINLANDACQUISITION,REHABILITATIONAND
RESETTLEMENT(AMENDMENT)ORDINANCE,2015
Conclusion
Bibliography

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Synopsis

Everyone has the right to own property alone as well as in association with
others.
Article XVII of the Universal Declaration of Human
Rights,1948
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an
Act of Indian Parliament that regulates land acquisition and provides lays down
the procedure and rules for granting compensation, rehabilitation and
resettlement to the affected persons in India. 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. The Act establishes
regulations for land acquisition as a part of India's massive industrialization drive
driven by publicprivate partnership. The Act replaced the Land Acquisition Act,
1894,anearly120yearoldlawenactedduringBritishrule.
The Constitution originally provided for the right to property under Articles 19
and 31. Article 19 guaranteed toallcitizenstherightto'acquire,holdanddispose

TheRighttoFairCompensationandTransparencyinLandAcquisition,Rehabilitationand
ResettlementAct,2015|

of property'. Article 31 provided that"Nopersonshallbedeprivedofhisproperty


savebyauthorityoflaw."
FortyFourth Amendment Act of1978omittedArt19(1)(f).Moreover,noonecan
challenge thereasonablenessoftherestrictionimposedbyanylawthelegislature
madetodeprivethepersonofhisproperty.
Italsoprovidedthatcompensationwouldbepaidtoapersonwhosepropertyhad
been 'taken possession of or acquired' for public purposes. In addition, both the
state government as well as the union (federal) government was empowered to
enact laws for the "acquisition or requisition of property" (Schedule VII,Entry42,
andListIII).Itisthisprovisionthathasbeeninterpretedasbeingthesourceofthe
state's 'eminent domain' powers. The power to take private property for public
use by a state, municipality, or private person or corporation authorized to
exercise functions of public character, following the payment of just
compensation to the owner of that property. The 44th amendment act of 1978
deleted the right to property from the list of Fundamental Rights. A new article,
Article 300A, was added to the constitutionwhichprovidedthat"nopersonshall
be deprived of his property save by authority of law". Thus, ifalegislaturemakes
a law depriving a person of his property, it will not be unconstitutional. The
aggrieved person shall have norighttomovethecourtunderArticle32.Thus,the
right to property is nolongerafundamentalright,thoughitisstillaconstitutional

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right. If the government appears to have acted unfairly, the action can be
challengedinacourtoflawbycitizens.
It was in 2007, that for theveryfirsttimetwobillsonerelatingtotheamending
of the Land Acquisition Act 1894 and the other to provide statutory status to
Rehabilitation and Resettlement Policy which was framed in 2007. But these Bills
lapsed with the dissolution of the Lok Sabha in 2009. In May 2011 the National
Advisory Council recommended combining the provisions of the Land Acquisition
Bill and the Rehabilitation and Resettlement Bill. Efforts were taken by the
ministry of rural Development in this regard and the Draft Land Acquisition and
RehabilitationandResettlementBillwaspublishedinJuly2011forcomments.
Till 2014, the Land AcquisitionAct,1894regulatedtheprocessoflandacquisition.
While the 1894 Act provided compensation to land owners, it did notprovidefor
rehabilitation and resettlement (R&R) to displaced families. These were some of
the reasons provided by the government to justify the need for a new legislation
to regulate the process of land acquisition. Additionally, the Supreme Court had
1

also pointed out issues with determination of fair compensation , and what
constitutes public purpose, etc., in the 1894 Act. To this end, the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
ResettlementAct,2013waspassedbyParliament,in2013.
ObjectiveoftheStudy
1

NelsonFernandesAndOrsvsSpecialLandAcquisition...on2March,2007

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1. To study the meaning, origin and growth oftheconceptofproprtyrightsin


differentphasesofconstitutionalhistory.
2. Toevaluatetheroleofgovernmentinthecontextoffarmersrights.
3. To specially deal with the judicial response to the new enactment that is
the Right to Fair Compensation and Transparency in Land Acquisition,
RehabilitationandResettlementAct,2013.

MethodologyoftheStudy
The methodology adopted in this study is historical and analytical. The
examination of judgments given by the Supreme Court inthelightofthechanges
in social, economic and political sphere has been helpful in understanding the
effectiveness of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 in the protection of
farmersright.
SourcesoftheMaterial
The sources of material used in this work are both primary and secondary. The
primary sources include various international conventions, Supreme Court
Judgments on farmers rights, rights of the farmers and compensatory
jurisprudence, Gazette of India, Reports of various commissions like, Law

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ResettlementAct,2015|

Commission, etc. The secondary sources include books on Land Acquisition in


IndiaandJudiciary,PressClippings,PeriodicalsandJournals.

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Chapter1
ABriefHistory

The first land acquisition legislation in India was enacted by the British
government in 1824. Called the Bengal Resolution I of 1824, the law applied to
the whole of Bengal province subject to the presidency of Fort William. The law
enabled the government to obtain, at a fair valuation, land or other immovable
property required for roads, canals or other public purposes.In1850,theBritish
extended the regulation to Calcutta (now Kolkata), through another legislation,
the Act I of 1850, with the object of confirming the title to lands in Calcutta for
publicpurposes.
It was also that time when the British were building railway lines across the
country, and needed some form of legislation, which would enable them to
acquire land for the same. The Act XLII of 1850 declared that Railways were
public works and thus enabled the provisions of Resolution I of 1824 to be used
for acquiring lands for the construction of railways. Likewise, similar Acts in
Bombay (now Mumbai) in 1839, the Building Act XXVII and Act XX of 1852 in
Madras (now Chennai) were passed to facilitate land acquisition in these
presidencies (within the islands of Bombay and Colaba and the Presidency of
FortSt.George).
However, it was in 1857 that the British enacted legislation that applied to the
rest of the provinces or presidencies andthewholeofBritishIndia.ActVIof1857
repealed all previous enactments relating to acquisition and its object as stated
in its preamble, was to make better provision for the acquisition of land needed

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for public purposes within the territories in the possession and under the
governance of The East India Company and for the determination of the amount
for the compensation to be paid for the same. This act,owingtounsatisfactory
settlement, incompetence and corruption wasfurtheramendedin1861(Act
II)and1863(ActXXII)andsubsequentlyledtotheenactmentofActXof1870.
The 1870 law, which for the first time, brought a mechanism for settlement (the
reference to a civil court for compensation, if the collector couldnt settle by
agreement), was eventually replaced by the Land Acquisition Act, 1894 (Act I of
1894). The 1894 law did not apply to princely states like Hyderabad, Mysore and
Travencore,whoenactedtheirownlandacquisitionlegislation.
After India gained independence in 1947, it adopted the Land Acquisition Act of
1894 by the Indian Independence (Adaptation of Central Acts and Ordinances)
Orderin1948.
Since 1947, land acquisition in India has been done through the Britishera act. It
was in 1998 that the rural development ministry initiated the actual process of
amending the act. The Congressled United Progressive Alliance (UPA) in its first
term (200409) sought to amend the actin2007introducedabillinparliament.It
was referred to the standingcommitteeonruraldevelopment,andsubsequently,
cleared by the group of ministers in December 2008, just ahead of its eventual
passage. The 2007 amendment bill was passed in Lok Sabha as the Land
Acquisition (Amendment) Act, 2009 in February 2009, and the UPA returned to
power for a second term in May that year. However,withthedissolutionofthe
14th Lok Sabha soon after, the bill lapsed. The government did not have the
requiredmajorityintheRajyaSabhatopassthebill.
The 2007 bill called for a mandatory social impact assessment (SIA) study in case
of largescale physical displacements in the process of land acquisition. The act
ensured the eligibilityoftribals,forestdwellersandpersonshavingtenancyrights

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under the relevant state laws. As per the bill, while acquiring the land, the
government had to pay for loss or damages caused to the land and standing
cropsintheprocessofacquisitionandadditionally,thecostsofresettlementand
rehabilitation of affected persons orfamilies.Thiscostorcompensationwouldbe
determinedbytheintendeduseofthelandandasperprevailingmarketprices.
It also sought to establish the Land Acquisition Compensation Disputes
Settlement Authority at both the state and central levels for the purpose of
providing speedy disposal of disputes relating to land acquisition compensation.
Besides, the bill also proposed that land acquired as per the act which is unused
foraperiodoffiveyearsshallbereturnedtotheappropriategovernment.
After the UPA came back to power with a bigger mandate, it sought to
reintroduce the bill in 2011 as the Land Acquisition Rehabilitation and
Resettlement Bill, 2011 or LARR, 2011. The bill proposed that for a private
project, land could be acquired only if 80% of the affected families agree to its
acquisition. For a publicprivate partnership (PPP) project, 70% affected families
must agree. Besides, it proposed compensation for the affected partiesfour
times the market rate in rural areas and two times of the market rate in urban
areas. It also sought to compensate artisans, traders and other affected parties
through a onetime payment, even if they didnt own land intheareaconsidered
for acquisition. The bill was passed in August 2013 as The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
ResettlementAct,2013andcameintoeffecton1January2014.
In May 2014, as the Bharatiya Janata Partyled National Democratic Alliance
(NDA) swept to power, riding highonitsdevelopmentdrivenagenda,itsoughtto
bring about immediate reforms in land acquisition procedures. Without land
acquisition, it argued, the government will finditdifficulttoexecuteitsambitious

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pet projects, including the Make in Indiaprogramme,whichseekstoreviveand


boostdomesticmanufacturing.
Land acquisition is also central to the governments thrust in infrastructure
development. To facilitate its economic agenda, it promulgated the land
acquisition amendment ordinance in December 2014 with a view to introducing
legislationintheBudgetsessionofparliament.
Under the proposed 2015 bill, there will be five categories which will be exempt
from certainprovisionsofthepreviousact,includingconsentforacquisition.They
are: national security and defence production; rural infrastructure including
electrification; affordable housing for the poor; industrial corridors; and PPP
(public private partnership) projects where the land continues to vest with the
centralgovernment.
ThesecategoriesarealsoexemptedfromtheSIAprovisions,asprovidedforinthe
2013act.
The 2013 act facilitatedlandacquisitionbyprivatecompanies,whichthe2015bill
has changed to private entities. As per its definition, a private entity is an
entity other than a government entity and includes a proprietorship,
partnership, company, corporation, nonprofit organisation, or other entity under
anyotherlaw.
The 2015 version also removes restrictions on acquisition of land for private
hospitalsandprivateeducationalinstitutes.

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Chapter2
NeedfortheAct

Introduction
Our land is more valuable than your money. It will last forever. It will not even
perish by the flames of fire. As long as the sun shines and the waters flow, this
land will be here to give life to men and animals. Compulsory acquisition of land
not only leads to loss of economic assets and livelihood but also disrupts
communities, cultural identities, local markets forgoodsandlabour,consequently
placingtheousteesinaspiralofimpoverishment.
IsapoMuxikaorBlackfoot,19thCenturyChiefofSiksikaFirstNationTribein
CurrentDayCanada.
Three Judges bench of the Supreme Court has echoed the statement in its
observationthat
The provisions contained in the Act, of late, have been felt by all concerned, do
not adequately protect the interest of the land owners/persons interested in the
land. The Act does not provide for rehabilitation of persons displaced from their

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land although by such compulsory acquisition, their livelihood gets affected. For
years, the acquired land remains unused and unutilised. To say the least, the Act
has become outdated and needs to be replaced attheearliestbyfair,reasonable
and rational enactment in tune with the constitutional provisions, particularly,
Article 300A of the Constitution. We expect the law making process for a
comprehensive enactment with regard to acquisition of land being completed
2

withoutanyunnecessarydelay.

WhythenewActhasbeenbroughtup
The original Land Acquisition Act was a colonial legislation enacted by the British
government primarily to acquire private land to lay railways lines and for other
such construction works. The Act was adopted into the Indian Constitutionandis
3

beingusedbythegovernment,albeitafewamendments.

Under the Britishera Land acquisition act of1894,thetermpublicpurposewas


ambiguous and open to executivediscretion.So,poorpeopleslandwasacquired
at throwaway prices inpretextofdevelopmentprojects.Sometimessuchprojects
never started, and the same cheap land was resold at higher price to real estate
developers, without building anything for public purpose. With this tactic
politicians, their sonsinlaw and bureaucrats made billions out of thin air. LARR
act2013triedtofixthisproblem.

JusticeLodhaandJusticeKehar,RamjiVeerjiPatelandOrs.Vs.RevenueDivisionalOfficer2011(2)SCALE364
P
ublicPurposeunderLandAcquisitionAct:ThenandNowbyWitnessMagzine,13May2015.

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There is unanimity of opinion across the social and political spectrum that the
current Law (The Land Acquisition Act 1894) suffers from various shortcomings.
Someoftheseinclude:
Forced acquisitions: Under the 1894 legislation 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.
No safeguards: There is no real appeal mechanism to stop the process of the
acquisition. A hearing (under section 5A) is prescribed but this is not a discussion
or negotiation. The views expressed are not requiredtobetakenonboardbythe
officerconductingthehearing.
Silent on resettlement and rehabilitation of those displaced: There are
absolutely no provisions in the 1894 law relating to the resettlement and
rehabilitationofthosedisplacedbytheacquisition.
Urgency clause: This is the most criticised section of the Law. The clause never
trulydefineswhatconstitutesanurgentneedandleavesittothediscretionofthe
acquiring authority. As a result almost all acquisitions under the Act invoke the
urgency clause. This results in the complete dispossession of the land without
eventhetokensatisfactionoftheprocesseslistedundertheAct.However,innew
ActunderSection40urgencyprovisionisrestrictedto:
(a)acquisitionoflandfordefenceofIndia;or
(b)nationalsecurity;or
(c)foranyemergencyarisingoutofnaturalcalamities.

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Low rates of compensation: The rates paid for the land acquired are the
prevailing circle rates in the area which are notorious for being outdated and
hencenotevenremotelyindicativeoftheactualratesprevailinginthearea.
Litigation: Even where acquisition has been carried out the same has been
challenged in litigations on the grounds mentioned above. This results in the
stallingoflegitimateinfrastructureprojects.
TheaimsandobjectivesoftheAct
To ensure, in consultation with institutions of local selfgovernment and Gram
Sabhas established under the Constitution of India, a humane, participative,
informed and transparent process for land acquisition for industrialization,
development of essential infrastructural facilities and urbanization with the least
disturbancetotheownersofthelandandotheraffectedfamilies.
Provide just and fair compensation to the affected families whose land has been
acquiredorproposedtobeacquiredorareaffectedbysuchacquisition.
Make adequate provisions for such affected persons for their rehabilitation and
resettlement.
Ensure that the cumulative outcome of compulsory acquisition should be that
affected persons become partners in development leading to an improvement in
their postacquisition social and economic status and for matters connected
therewithorincidentalthereto.
ApplicationoftheAct

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Section 2 of the Act deals with the application of its various provisions to various
types of land acquisitions. For this purpose, it classifies the acquisitions of land
into3categoriesandprovisionsoftheactinto4categories.
Acquisitionoflandhavebeenclassifiedasunder:
i.

Appropriate Government acquires land for its own use and for public
purpose

ii.

Appropriate Government acquires land for PPP projects/for private


companiesforpublicpurpose

iii.

Purchasesbyprivatecompaniesthroughprivatenegotiations.

ProvisionsoftheActhavebeenclassifiedasunderbysection2oftheAct:
i.

Provisions relating to land acquisition (Section 4to25,38,40,91,93to95,


99,chapter8)

ii.

ProvisionsrelatingtoconsentSection2(2)

iii.

Provisions relating to compensation Section 26 to 30, 39, 96, First


Schedule(chapter9)

iv.

Provisions relating to rehabilitation and resettlement Section 31, 32, 41,


42,46,47,96,SecondScheduleandThirdSchedule(Chapter10)

DefinitionofPublicPurposeunderthenewAct,2013:

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According to Section 3 (za) of the Act, theexpressionPublicPurposemeansthe


activities specified under Section 2(1), public purpose shall include the following
purposesnamely:
a) Forstrategicpurposesrelatingto
naval,
military,
airforce,and
armedforcesoftheUnion,includingcentralparamilitaryforcesor
any work vital to national security ordefenceofIndiaorStatepolice,
safetyofthepeople;
b) ForInfrastructureprojects
i.

All activities or items listed in the notification of the Government of


India in the Department of Economic Affairs (Infrastructure Section)
number 13/6/2009INF, dated 27th March 2012, excluding private
hospitals,privateeducationalinstitutionsandprivatehotels.

ii.

Agriculture: Projects involving agroprocessing, supply of inputs to


agriculture, warehousing, cold storage facilities, marketing
infrastructure for agriculture and allied activities such as dairy,
fisheries and meat processing, set up or owned by the appropriate
Government or by farmers cooperative or by an institution set up
underastatute;

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iii.

Industry: Projects for industrial corridors or mining activities,


national investment and manufacturing zones, as designated in the
NationalManufacturingPolicy;

iv.

Water and Sanitation: Projects for water harvesting and water


conservationstructures,sanitation;

v.

Educational Purposes: Projects for Government administered,


Governmentaidededucationalandresearchschemesorinstitutions;

vi.

Sports, Tourism, and Transportation: Projects for Sports, Tourism,


healthcare,transportationorspaceprogramme;

vii.

Any Infrastructure facility as may be notified in this regard by the


central Government and after tabling of such notification in
Parliament;

c) ReliefDevelopment:Projectforprojectaffectedfamilies;
d) Planned Housing: Project for housing, or such income groups, as may be
specifiedfromtimetotimebytheappropriategovernment.
e) Planned Development: Project for planned development or the
improvement of village sites or any site in the urban areas or provision of
land for residential purposes for the weaker sections in rural and urban
areas;
f) Housing for Displaced Persons: Projectforresidentialpurposestothepoor
or landless or to persons displaced or affected by reason of the

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implementation of any scheme undertaken by the Government, any local


authorityoracorporationownedorcontrolledbythestate.
Conclusion
Some of the most significant peoplesmovementshaverevolvedarounddisputed
land acquisitionThe Narmada Bachao Andolan (a movement seeking redress for
families displaced as a result of the Narmada Valley Project), the Tarapur
agitations (born in the wake of land acquisition for the Tarapur Atomic Project),
violence in Nandigram and the recent Yamuna Expressway. The attitude of the
higher judiciary had also begun to change. Justice G.S Singhavi, a now retired
judge of the Supreme Court of India gave voice to this sentiment saying that the
LandAcquisitionAct1894hadbecomeafraud.

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Chapter3
KEYDIFFERENCESBETWEENTHE
1894ACTANDTHE2013

Introduction
The 2013 Act differed from the 1894 Act in several ways. It narrowed the
definition of public purpose i.e. the types of projects for which land could be
acquired. It required the consent of land owners if the project was for a public
private partnership (PPP) or a private company. Compensation was set at two to
four times of prevailing market rates and minimum norms for rehabilitation and
resettlement of affected persons were prescribed. The Act also required a Social
ImpactAssessment(SIA).
Majordifferences
i.

FairerCompensation

In theory, the 1894 Act envisaged the compensation of land owners at market
rates. This may sound fair but in practice was actually the cause of enormous
injustice to the owners. Reporting of land values has been notoriously inaccurate

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over the years. Due to poor land record management and under reporting by
purchasing parties, land values are grossly distorted. Market value if taken as it
appearedonthebooks,wouldthereforebeafractionofthetotalvalue.
ii.

Consent

Acquisition by its very nature is forceful. However, the 1894 Act took this
ompulsory nature to grotesque extremes. Consent was simply not a factor.
Section 5AoftheLandAcquisitionAct,1894allowedforahearingofobjectionsto
be made but put no responsibility on the collector to take those claims into
consideration. No discussion or negotiation was required by law to accompany
theacquisitionprocess.
4

What compounded this lack of consent was the urgency clause . Leaving the
definition of what constituted an urgency to the authority carrying out the
acquisition, it allows the acquiring authority to do away with the already flimsy
proceduredefinedundertheparentact.
iii.

Publicpurpose

One of the most debatable issues under the Land acquisition Act 1894 is
interpretation of public purpose around which disputes concerning acquisition
revolve.
The term public purpose has been defined in the Blacks Law Dictionary (Fifth
Edition) as: A public purpose or public business has for its objective the
4

Section17oftheLandAcquisitionAct,1894

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promotion of the public health, safety, morals, general welfare, security,


prosperity and contentment of all the inhabitants or residents within a given
political division, as, for example, a state, the sovereign powers of which are
exercisedtopromotesuchpublicpurposeorpublicbusiness.
In most cases, the groundofattackonpublicpurposeisthatthelandisacquired
by a private entity for industrial purpose is not for the benefit of the public at
large. The determining factor in suchcasesisthepublicationofnotificationunder
section6 of the said Act which calls for a declaration that the particular land is
needed for a public purpose or for a company when theGovernmentissatisfied
afterconsideringthereport,ifany,madeunderSection5A(2).
The observations of a Constitution Bench of the Supreme Court sum up the
5

scenariowell:

The incident of deprivation of property within the meaning of Article300Aofthe


Constitution normally occurred mostly in the context of public purpose. Clearly,
anylaw,whichdeprivesapersonofhisprivatepropertyforprivateinterest,willbe
amenable to judicial review. In last sixty years, though the concept of public
purpose has been given quite wide interpretation, nevertheless, the "public
purpose" remains the most important condition in order to invoke Article 300A of
theConstitution.
iv.

RehabilitationandResettlement

RajivSarinv.StateofUttrakhandon9August2011,CivilAppealNo,4772of1998

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The issue of rehabilitation was never addressedintheLandAcquisitionAct,1894.


The new law links land acquisition, particularly the taking of possession, to the
satisfactorydischargeoftherehabilitationandresettlementprovisions.
v.

Reductioninthepowersofthecollector

Under the 1894 Act, the Collector could decide what quantum of compensation
could be paid to those displaced. Under thenewlaw,thereisaformulathatdoes
notrequirethecollectortoexerciseanydiscretion.
Under the old law, the collector also had the power to decide when to take
possession. He could dispossess any family by giving a moments notice. Butnow
possession can only be taken once all the requirements under the law relatingto
the payment of compensation, rehabilitation and resettlement have been
discharged.
Above all of this, the old 1894 act also empowered the collector with sweeping
powers to invoke the urgency clause. What constituted an urgency situation was
solely afunctionofthecollectorsinterpretation.Thisloopholeshasbeenplugged
conclusively by limiting urgency to only two cases that is natural disasters and
nationaldefence.Thecollectorcannolongeracquirelandcitingurgentreasons.
vi.

AppellateMechanism

If an individual is not satisfied with the award that is prescribed under this new
Law, they may ask for the same to be modified or increased by moving a

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reference before the Land Acquisition Rehabilitation andResettlementAuthority.


Thisbodyisrequiredtogiveitsdecisionwithinaperiodnotexceedingsixmonths.
Still if a family continues to be aggrieved or upset with the amount of
compensationreceived,theycanfileanappealwiththeHighCourt.

vii.

SupremeCourtunwillingnessundertheoldact

Typically the states central role in projects provided the demarcation line
(justifiable or not) between public interest and private profit: if the state was
undertaking the project, it was in the public interest. As the Narmada decision
showed, the Supreme Court has been unwilling to question the governments
6

prerogativeinsettingdevelopmentprioritiesanddefiningthepublicinterest.

In the case of Somavanti v.State of Punjab , the Supreme Court held that the
declaration made by the Government (in the notification under Section 4 of the
now repealed Land Acquisition Act, 1894), that the land wasrequiredforapublic
purpose, was conclusive and that it was not open to a court to go behind it and
trytosatisfyitselfwhetherinfacttheacquisitionwasforapublicpurpose.

Michael Levien, Rationalising Dispossession: The Land Acquisition and Resettlement Bills, 12 March, Vol.
XLVI,No.11,p.66,(2011),EconomicandPoliticalWeekly.
7
AIR1963SC151.

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Conclusion
Thus all these differences which have been brought up has done justice with
those farmers who were having no option but to give their land even at the
lowestmarketpricesundertheconceptofeminentdomain.

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Chapter4
SOCIALIMPACTASSESSMENT

Introduction
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation andResettlementAct,2013introducesandplacesgreatrelianceon
the conduct of a Social Impact Assessment. Acquisition, as previously defined
under the Land Acquisition Act, 1894 followed an inconsistent, arbitrary, and
haphazard process that different from project to project with discretion guiding
the discharge of authority. unlike the previous Act, it mandated that a Social
Impact Assessment be conducted forallprojects,exceptthoseforwhichlandwas
requiredurgently.
Social Impact Studies are broad notions that often defy conventional
characterization. Social Impact Assessments have been carried out to determine
the impact of war in conflict zones. Social Impact Analyses have been carried out
by agencies such as the World Bank to determine the impact of their poverty
reduction schemes and agencies such as the World Health Organization have
beenknowntouseSocialImpactAssessmenttoidentifyenvironmentalconcerns.

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What are the fundamental questions an acquiring body must answer before it
presumes to take over another partys land? Became the guiding philosophy
behind the Social Impact Assessment under Section 4 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
ResettlementAct,2013.
GuidingPrinciplesforSIA
Section 4(4) of the 2013 Act provides the list of all those guiding principles to be
takenintoconsiderationwhilepreparingthereportofSIA.Theseare
a) Assessmentastowhethertheproposedacquisitionservespublicpurpose.
b) Estimation of affected families and the number of families among them
likelytobedisplaced.
c) Extent of lands, public and private, houses,settlementsandothercommon
propertieslikelytobeaffectedbytheproposedacquisition.
d) Whether the extent of land proposed for acquisition is the absolute
bareminimumextentneededfortheproject.
e) Whether land acquisition at an alternate place has been considered and
foundnotfeasible;
f) Study of social impacts of the project, and the nature and cost of
addressing them and the impact of these costs on the overall costs of the
projectvisvisthebenefitsoftheproject.

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The last item is the most important. It imposes an obligation on the acquiring
body to demonstrate the object sought to be achieved justifies the cost of
displacement.
Second proviso to Section 4(2) of the Act, 2013 provides that the SIA has to be
completed within six months. To enforce this further arequirementwasincluded
that the study would lapse within one year of its appraisal if it was not acted
8

upon.

SIA are mandatory in all cases of land acquisition except when the land is being
acquired under the urgency clause or where it is being acquired for an irrigation
9

projectwhereanEnvironmentImpactAssessmenthasalreadybeencarriedout.
ReviewofSIAReportbyExpertGroup
Once the Social Impact Assessment report is prepared it requires independent
evaluation by unbiased and neutral partieswhopossessknowledgeofthesubject
matter. To do this an independent multidisciplinary Expert Group was
10

constitutedunderthenewlaw. Thisgroupwouldconsistof:
Twononofficialsocialscientists
Two representatives of Panchayat, Gram Sabha, Municipality or Municipal
Corporation,asthecasemaybe

Section14
Section9
10
Section7
9

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Twoexpertsonrehabilitation
Atechnicalexpertinthesubjectrelatingtotheproject.
If the Group finds the answers to the queries in the affirmative andrecommends
proceedingwiththeprojectthenitshallgiveawrittenappraisaltotheeffect.
If the Group finds the answers to the queries in the negative and rejects the
proposal then it must be abandoned immediately.However,theGovernmentstill
has the power to proceed with the acquisition if so desired of theExpertsGroup
recommendations must be reduced to writing so they may be scrutinized and
11

reviewedbythepublicatlarge.
GovernmentRoleafterreviewingtheExpertReport
Once the Expert Group submits its Appraisal report,theGovernmentcarryingout
the acquisition can give the sanction to proceed with the acquisition.However,it
12

mustdosoafterhavingsatisfieditselfofthefollowing
There is a legitimate and bona fide public purpose which necessitates the
acquisitionofthelandidentified.
The potential benefitsandthepublicpurposeoutweighthesocialcostsand
adversesocialimpacts.
Only the minimum area of land required for the project is proposed to be
acquired.

11

Section7(4)
Section8(1)

12

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Thereisnounutilizedlandwhichhasbeenpreviouslyacquiredinthearea.
The land, if any, acquired earlier remained unutilized, is used for such
publicpurposeandmakerecommendationsinrespectthereof.
The Government must also ensure that the consent of the affected families has
beenobtainedinamannernotvitiatedbyanyformofduressorcoercion.

Conclusion
Social Impact Assessment is primarily meant to determine whether the project
serves public purpose and thus determine the social impact which will have on
those interested and affected families. It is a very healthy provision which
highlights the plight of the farmer before the acquisition so that he can be given
allbenefitsinaproperway.

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Chapter5
PROCEDUREFORACQUISITIONOF
LAND

Introduction
Partiesaffectedbylandacquisitionarenowentitledtoacomprehensiveprocess
thatputstheirconcernforemost.Punctuatedbydeadlinesanddetailedchecks
andbalancesonthediscretiontobeexercisedbyofficials,thisprocessisclear
andcannotbesubverted.
PreliminaryNotification
Once the Social Impact Assessment process has been executed satisfactorily, the
proceedingstoacquiretheidentifiedlandcanbegin.APreliminaryNotificationis
issued under Section 11 of the 2013 Act. This is an initial notice to the public at
large that a certain parcel of land is to be acquired along with details relating to
the area. The notification is required to be widely disseminated so no party
suffersforwantofinformation.

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Thenotificationisdifferentfromits1894counterpartinasmuchitmustcontaina
statementonthenatureofthepublicpurposeinvolvedalongwiththereasons
necessitatingthedisplacementoftheaffectedpersons.Thishasalsotobe
accompaniedbyasummaryoftheSocialImpactAssessmentReportand
particularsoftheAdministratorappointedforthepurposesofrehabilitationand
13

resettlement.

UpdatingRecordsandSurvey
FollowingtheissueofthePreliminaryNotification,theCollectorisentrustedwith
updatingthelandrecordswithintwomonths,sothatnobeneficiarywhois
rightfullyentitledisleftoutofthelawspurview,andbeforethefinaldeclaration
foracquisitionisissued.
RaisingobjectionsafterthePreliminaryNotification
Thereafter,oncethePreliminaryNotificationhasbeenissued,anyperson
interestedinanylandwhichhasbeennotifiedforacquisitionmaywithinsixty
daysfromthedateofpublicationofthePreliminaryNotification,raiseobjections
underSection15oftheActwithregardtotheareaandsuitabilityofland
proposedtobeacquired,thejustificationofferedforpublicpurposeorthe
findingsoftheSocialImpactAssessmentreport.

13

Section11(3)oftheAct,2013.

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Preparationoftherehabilitationandresettlementschemebyadministrator
OncethepreliminarynotificationhasbeenpublishedbytheCollector,the
AdministratorforRehabilitationandResettlementisrequiredtoconductasurvey
14

andundertakeacensusoftheaffectedfamilies.

DeclarationforAcquisitionandsummaryofRehabilitationandResettlement
report
ThedeclarationforacquisitionoflandisthenissuedunderSection19oftheAct,
2013.
Award
TheLandacquisitionawardispassedunderSection23ofthenewAct,whichshall
containthefollowingdetails
Thetrueareaoftheland.
Thecompensationasdetermined.
TheRehabilitationandResettlementawardasdetermined.
Theapportionmentofthesaidcompensationamongalltheindividuals
whohaveaninterestintheland.
TheequivalentSectionundertheoldActwasSection11.
RehabilitationandResettlementAward

14

Section16oftheAct,2013.

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The Rehabilitation and Resettlement Award seeks to lay out a fair


apportionment of the entitlements that an affected individual or family may
receive as given in the Second Schedule oftheRighttoFairCompensationand
Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
The Collector is the authority charged with the responsibility of passing
15

RehabilitationandResettlementAwards.

Possession
This is a central safeguard under the new law. Under the old act possession
would be taken without satisfactorily compensating or resettling the families.
But now the Collector can take possession of the land only after ensuring the
full payment of compensation including the Rehabilitation and Resettlement
entitlements to the entitled persons. Section 38 of the law lays down the
conditionsthatneedtobesatisfied.
Conclusion
This procedure is very transparent and pro farmer in which farmer has been
givenasayifanythingwrongisbeingdonetohiminthenameofacquisition.

15

Section31oftheAct,2013.

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Chapter6
Compensation

Introduction
Compensation is at the heart of land acquisition. The amount being paidmustbe
sufficiently fair so as to ameliorate the forcible and involuntary nature of
acquisition. Courts have long recognized the act of paying compensation as a
16

necessary condition in the taking over of land. In India, the problem arises with
regard to the quantum that officers often award to affected families in thename
ofMarketValue.
Under the Land Acquisition Act, 1894, compensation was required to be paid at
17

market value. This seems to be a sensible idea in theory but is actually


responsible for widespread injustices and the cause of action for a litany of legal
disputes.

16

Acquisition without payment isviolativeofArticle14.SeeRamJiyawanvs.StateofUttarPradeshAIR1994All


38.
17
Section23oftheLandAcquisitionAct,1894.

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ProvisionsinthenewAct
The compensation provisions are contained in Section 26 to 30, 39 and First
ScheduleoftheAct.

UrbanArea
A land owner in urban area whose land is acquired gets 2 timesthemarketvalue
ofhislandascompensation.

RuralArea
If rural land is acquired, land owner effectively gets upto four times the market
valueascompensation.

AwardofSolatium
Section 30 of the New Act providesthatthecollectorhavingdeterminedthetotal
compensation to be paid, shall, to arrive at the final award, impose a solatium
amount equivalent to 100% of the compensation amount. Solatium shall be in
addition to the compensation payable to any person whose land has been
acquired.

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Solatium is not a new concept as it had already existed under the now repealed
Land Acquisition Act, 1894. Since 1984, following an amendment to the Act,
affected individuals were required to be paid an additional 30% of the market
18

valueinconsiderationofthecompulsorynatureoftheacquisition.

Conclusion
Thus under the new Act, the land owner will get the full compensation as
calculated while the compensation to be paid to the affectedfamiliesismeantto
be in proportion totheirclaimsandwithregardtotheirdegreeofdependenceon
19

theland.

18

Section23(2)oftheLandAcquisitionAct,1894.
FirstScheduleoftheAct,2013.

19

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Chapter7
REHABILITATIONAND
RESETTLEMENT

Introduction
ForthefirsttimeinIndiaslegislativehistory,anewlawhastiedlandacquisition
withthenecessitytocarryoutrehabilitationandresettlement.Section31(1)of
theAct,2013providesthattheCollectorshallpassrehabilitationand
resettlementawardsforeachaffectedfamilyintermsoftheentitlements
providedintheSecondSchedule.
ElementsofRehabilitationandResettlementEntitlements
i.

House

Ifafamilylosesahouseinaruralareaasaresultoftheacquisition,thenthelaw
requiresaconstructedhousetobeprovidedtothemasperthespecifications
givenintheIndiraAwasYojana.Ifahouseislostinurbanareas,aconstructed
houseshallbeprovided,thesizeofwhichwillbenotlessthan50squaremeteres.

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Familiesarealsofreetotakeafinancialpackageequaltoonelakhfiftythousand
rupeeinlieuofthehouse.
ii.

Land

Inthecaseofirrigationproject,eachaffectedfamilywhichhaslostagricultural
landistobeallotted,aminimumofoneacreoflandinthecommandareaofthe
project.
iii.

Offerfordevelopedland

Whenlandisacquiredforurbanization,20%ofdevelopedlandtobereservedand
offered to land owning project affected families. If offer accepted by any family,
20

valueoflandtobedeductedfromcompensationpayabletoit.
iv.

ChoiceofannuityorGovernmentEmployment

Affectedindividualshavethreeoptionstochoosefrom:
If jobs are created as aresultoftheprojectthentheaffectedindividuals
must be given employment at rates not lowerthantheminimumwages
applicable in the project or arrange for a job in such other project as
mayberequired.
Aonetimepaymentoffivelakhrupeesperaffectedfamily.
Annuity payments that shall pay not less than two thousand rupees per
monthfor20years.
v.

OtherFinancialPayments

20

Item2AofSecondSchedule.

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Thelawrequiresthepaymentofvariousfinancialgrantstoeachaffectedfamilyin
additiontothecompensation.Theseare:
A monthly Subsistence grant shall be paid toeachaffectedfamilyofthree
thousand rupees per month for a period of one year from the date of
award.
Individuals belonging to Scheduled Caste and theScheduledTribesthatare
displaced from Schedule areas shall receive an additional amount
equivalenttofiftythousandrupees.
Transportation cost shall be paid at fifty thousand rupees as a onetime
grant to each affected family as transportation cost for shifting the family,
buildingmaterials,belongingandcattleetc.
Each affected family which owns cattle o has a small shop shall be given a
onetime financial assistance of a minimum oftwentyfivethousandrupees
forconstructionofcattleshedorpettyshop.
A onetime grant of a minimum of twenty five thousand rupees shall be
paid to artisans, small traders or selfemployed persons or to affected
families which owned nonagricultural land or a commercial, industrial or
institutionalstructureintheaffectedarea.
Onetime Resettlement Allowance of fifty thousand rupees shall be paidto
allaffectedfamilies.
vi.

FishingRights

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In cases of irrigation or hydel projects, the affected families may be allowed


fishing rights in the reservoirs, in such manner as may be prescribed by the
appropriateGovernment.
InfrastructuralActivities
When an entire populationismovedtoanewarea,itisfaciletosuggestthatthey
have been rehabilitated. For resettlement and rehabilitation in the true sense,
certain basic infrastructural facilities have to be provided at the proposed site.
These have to be constructed at the cost of the authority at whose behest the
acquisition is taking place. The Third Schedule to the new law lays down the
amenities.
Conclusion
The reason for making the provision of resettlement and rehabilitation benefits
mandatory before possession could be taken over was the experiences in past
large scale projects such astheNarmadaDam.DespitetheordersoftheSupreme
Court, the displaced families were never resettled and their original lands ended
up submerged. A statutory requirement had to be put in place to ensure that
thesepeoplewereindeedtakencareof.

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Chapter8
RETROSPECTIVEEFFECT

Introduction
Time periodforretrospectiveapplication:TheLARRAct,2013statesthattheLand
Acquisition Act, 1894 will continue to apply in certain cases, where an award has
been made under the 1894 Act. However, if such an award was made five years
or more before the enactment oftheLARRAct,2013,andthephysicalpossession
of land has not been taken or compensation has not been paid, the LARR Act,
2013willapply.
The Bill states that in calculating this time period, any period during which the
proceedings of acquisition were held up: (i) due toastayorderofacourt,or(ii)a
period specifiedintheawardofaTribunalfortakingpossession,or(iii)anyperiod
where possession has been taken but the compensation is lying deposited in a
courtoranyaccount,willnotbecounted.
ElementsoftheClause

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Section 24 of the Act make following provisionswithregardtotheapplicabilityof


the provisions of the Land Acquisition Act, 2013 to land acquisition proceedings
initiatedunderthe1894Act:
Condition I: if an award has been passed under the land acquisition Act, 1894
then the proceedings will be considered beyond the purview of the new law and
the land acquisition will proceedaspertheprovisionsoftheLandAcquisitionAct,
1894.
Condition II: if the acquisition has been initiated under the Land Acquisition Act,
1894 (a preliminary notification has been issued under Section 4 of that Act) but
the award underSection11ofthatacthasnotbeenpassedthentheprovisionsof
thenewlawwhichentitletheeffectedpartytoenhancecompensationwillapply.
Condition III: where the awardundersection11oftheLandAcquisitionAct,1894
was passed five or more years ago but compensation has not been accepted or
the physical possession of the land has not been taken bytheacquiringauthority
then the acquisition will be treated as having lapsed and a fresh acquisition, if
necessary,willbecarriedoutunderthenewact.
Condition IV: where an award has been made under section 11 of the Land
Acquisition Act, 1894 and compensation in respect of a majority of land holdings
has not been accepted, then, all beneficiaries or persons who are likely to be
affected by the acquisition (as specified in the notification for acquisition under

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Section 4 of the said Land Acquisition Act, 1894), shall be entitled to


compensationaspertheprovisionsofthenewlaw.
JudgmentsoftheSupremeCourtandHighCourtandtheirimpacts
On 24 January 2014, a three judge bench of the Supreme Court of India
pronounced the very first judgment on the Right to Fair Compensation in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 in a case titled Pune
21

MunicipalCorporationvs.HarakchandSolanki .
This judgment was of particular significance because it clarified and pronounced
upontheoperationandinterpretationofSection24(2),retrospectiveclause.
Backgroundtothecase
Eighteen Appeals had been filed before the Supreme court of India invoking the
application of the retrospective clause. All the applications had one thing in
common: a period of five or more years had passed since the land acquisition
award had been made under section 11oftheLandAcquisitionAct,1894andthe
applicantshadrefusedtoacceptthecompensation.
In this litigation, the acquiring authority (the PuneMunicipalCorporation)argued
that they had deposited the amount in the treasury of the Government in
fulfillment of their obligations and therefore satisfied the requirement of paying
compensation.
21

(2014)3SCC183.

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Judgment
A three judge bench of the SC (Justice Lodha, Madan Lokur and Kurien Joseph)
held that compensation would only be deemed to have been paid if it had been
deposited with the court and after having been offered to the individual
concerned. In this case, the compensation had only been deposited in the
treasury.
As a result compensation could not be deemed to have been paid and the
acquisition was considered to have lapsed in conformity with Section 24 of the
Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement
Act,2013.
This interpretation would soon become part of a trend to be followed by the SC.
22

In the second judgment, that is, Bharat Kumar vs. State of Haryana , given on 2
February2014,atwojudgebenchpronouncedasimilarjudgment.
23

In the case of Bimla Devi vs. State of Haryana ,decidedon14March2014,again


atwojudgebenchoftheSCwentintothequestionofretrospectiveoperation.
In this case, the award had been passed in 1995 and the parties had still not
accepted compensation or parted withphysicalpossession.Inlightofthis,theSC,

22

(2014)3SCALE393.
(2014)6SCC583.

23

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relying on the retrospective clause, ordered the return of the land to the original
owners.
On 7 May 2014, the fourth and the most comprehensive judgment was
24

pronounced in the case of Shivraj vs Union of India . In this case the court
ordered the return of land to its original owners who had been in litigation for
over two decades. Invoking the retrospective clause, the three judge bench
returnedthelandandheldtheacquisitiontohavelapsed.
WhereonlyPhysicalPossessionisRetainedandtheroleoftheDelhiHighCourt
The Delhi HC has played an important noble role in the implementation of the
Act. The High Court pronounced some of the most detailed and insightful
judgments of any High Courts on the subject to release land that had been held
upbyalaconicdemocracy.
25

In the historic case of Jagjit Singh vs. UnionofIndia ,JusticeBadrDurrezAhmed


and Justice Sidharth Mridul of the Honble High Court of Delhiquashedanumber
of pending acquisitions by the DDA as it was found the parties had satisfied the
termsofSection24(2)ofthe2013Act.
Thereafter the learned judges of the Delhi High Court in the cases of Surender
26

27

Singh vs. Union of India , Girish Chabra vs. Lt. Governor of Delhi ,RamanGrover
24

(2014)6SCC564.
211(2014)DLT15.
26
W.P.C2294/2014,judgmentdeliveredon12September2014.
25

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28

29

vs. Union of India and inAshwalVaderravs.UnionofIndia continuedtoaddto


the growing jurisprudence on the interpretation and application of Section 24(2)
strengthening the harmonious interpretations laid down in the preceding
judgments. Judgments along similar lines have also been pronouncedbytheHigh
Courtsofotherstates.

Conclusion
These judgments vindicated the legislative intent that went into the clause being
inserted. The ultimate test of a legislationisthatitmustwithstandthescrutinyof
judicialreview.

27

W.P.C2759/2014,judgmentdeliveredon12September2014.
W.P.C13814/2009,judgmentdeliveredon22August2014.
29
W.P.C1897/2014,judgmentdeliveredon30July2014.
28

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Chapter9
PROVISIONSFORTHE
SCHEDULEDCASTEANDTHE
SCHEDULEDTRIBE

Introduction
The biggest victim of acquisition have always been those at the bottom end.
Studies, such as the one by the National Commission for the scheduledcasteand
30

the scheduled tribes in 1985 , have found that tribal communities constituted
over40percentofthedisplacedfamilies.
We have Schedule V and VI in our constitution specifically devoted to SC & STs.
further number of legislations like Forest Rights Act, 2006, the 1996 Panchayat

30

Walter Fernandes (2004), Rehabilitation Policy for the Displaced, Economic & political Weekly, Vol. 39,issue
12,p.1191.

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(Extention to Schedule Areas) Act and the recent one the Mines and Minerals
(DevelopmentandRegulation)Bill2011.

ProvisionsundertheNewAct,2013
i.

Separatedefinedclass

In theverydefinitionofaffectedpersonsandlandownerunderSection3ofthe
Act,aseparatesubcategoryhasbeenincluded.
ii.

NoAcquisitioninProtectedareas

Land acquisition itself in tribal areas is strongly discouraged under the new law
and is to be done only in the rarest of circumstances where no alternatives are
available.Theoperativesectionbeginswiththefollowingcaveat:
Section 41: (1) as far as possible, no acquisition of land shall be made in the
scheduledareas.
iii.

DevelopmentPlan

In case of a project involving land acquisition which involves involuntary


displacement of the Scheduled caste or the Scheduled tribes families, a
development plan shall be prepared, laying down the details of procedure for
settlinglandrightsdue.
iv.

Resettlementinsamearea

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The Act enjoins upon the Authority the responsibility to resettle the affected
familiespreferablyinthesameScheduledarea.

Conclusion
The Government had adoptedaclearagendabyempoweringthelowestcommon
denominatorthroughmeaningfulandfarreachingmeasures.

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Chapter10
NEWCONCEPTSUNDERTHE
LANDACQUISITIONACT,2013

LandBank
Section 101 of the Act provides that when any land acquired under this act
remains unutilized for a period of 5 years from the date of taking over the
possession, the same shall be returned to the original owner or to the Landbank
oftheappropriategovernment.

OptiontotheAppropriategovernmenttotakethelandonlease
Section 104 of the Act provides that the appropriate government be free to
exercise the option of taking the land on lease instead of acquisition, for any
publicpurpose.

RehabilitationandResettlementProvisions

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1894 Act provided for payment of compensation but was silent in rehabilitating
those who have been displaced but the new 2013 Act contains provisions on
RehabilitationandResettlementpackageinthesecondscheduletotheAct.

MandatorySIAStudy
SocialImpactAssessmenthasbeenmademandatorybeforeanylandacquisition.

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Chapter11
PROVISIONFORFOODSECURITY

The year when the law on land acquisition was being drafted, it alsosawthealso
simultaneous progress of an equally seminal legislation, the National Food
SecurityAct,2013.
The new law therefore under chapter III, Section 10 provides that no irrigated
multicropped land shall be acquired under this Act except under exceptional
circumstances and as last resort. Furthermore, the acquisition of multicropped
land should not exceed such limits as may be notified by the appropriate
government.
To counterbalance any multi multicrop arable land which has been diverted for
acquisition, an equivalent area of culturable wasteland has to bedevelopedfor
agricultural purposes or an amount equivalent to the value acquired is to be
deposited with the appropriate government for investment in agriculture for
enhancingfoodsecurity.

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Chapter12
THERIGHTTOFAIRCOMPENSATIONAND
TRANSPARENCYINLANDACQUISITION,
REHABILITATIONANDRESETTLEMENT
(AMENDMENT)ORDINANCE,2015

ThefirstOrdinance,waspromulgatedonApril3,2015.
PartA
Itexemptedfivetypesofprojectsfromcertainprovisions,theseare
i.

Defence;

ii.

ruralinfrastructure;

iii.

affordablehousing;

iv.

industrialcorridors(setupbythegovernment);and

v.

infrastructureprojects.

These five categories of land will be exempted from the 3 provisions of the Act,
andtheseprovisionsare

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a)

obtaining the consent of 80%oflandownerswhenlandisacquiredfora


private project and the consent of 70% of land owners when land is
acquiredforthepublicprivatepartnershipproject;

b)

conductingaSocialImpactAssessment;and

c)

limitsonacquiringagriculturalandmulticroppedland.
PartB
Returnofunutilizedland

The 2013 Act required that if land acquired under it remained unutilised for five
years, it be returned to the original owners or the land bank. But the Ordinance
states that the period after which unutilised land will need to be returnedwillbe
the later of: (i) five years; or (ii) any period specified at the time ofsettingupthe
project.
PartC
CompensationandR&Rprovisionsof13otherlaws
The 2013 Act exempted 13 other laws (such as the National Highways Act, 1956
and the Railways Act, 1989) from its purview. The Ordinance brings the
compensation and rehabilitation and resettlement (R&R) provisions of these 13
lawsinconsonancewiththeAct.
PartD

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TimeperiodforretrospectiveapplicationofAct
The 2013 Act states that the Land Acquisition Act, 1894 will continue to apply in
those cases where an award has been made under the 1894 Act. However, if the
award was made five years or more before the enactment of the 2013 Act, and
the possession of land has not been taken or compensation has not been paid,
the2013Actwillapply.
The Ordinance states that in calculating this timeperiod,thefollowingwillnotbe
included:(i)anyperiodduringwhichtheprocessofacquisitionwasheldupdueto
an order of a court; (ii) a period specified by aTribunalfortakingpossession;and
(iii) any period where possession was taken but the compensation was lying
depositedinacourt/designatedaccount.
PartE
Sanction
The Act stated that if an offence was committed by the government, the head of
the department would be deemed guilty unless he could show that the offence
was committed without his knowledge, or that he had exercised due diligence to
prevent the offence. The Ordinance removes this provision. It requires that the
prior sanction of the government be obtained before prosecuting a public
servant.

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Conclusion

It was evident from the reading now that the new Act had been drafted to
provide as smooth a mechanism as possible for acquisition. This law marks the
end of unchecked acquisition by the state machinery. The policy of accepting
displacement and destitution of some as a necessary precondition to
development is sought to be rectified. The Supreme Court and the various High
Courts have interpreted the provisions of the new law with a wisdom and zeal
stronglyinfavourofthoseaggrievedbythenowrepealedlaw.
It is our hope thatthesetrendscontinueandgivelifetotheintentionswithwhich
thelawwaspassed.

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Bibliography

WebsitesReferred:

http://www.academia.edu/17572189/The_history_of_eminent_domain_in
_colonial_thought_and_legal_practice_Special_Section_Article_Economic_
and_Political_Weekly_Vol._L_No.50_December_2015
http://www.academia.edu/17572189/The_history_of_eminent_domain_in
_colonial_thought_and_legal_practice_Special_Section_Article_Economic_
and_Political_Weekly_Vol._L_No.50_December_2015
http://www.prsindia.org/billtrack/therighttofaircompensationandtrans
parencyinlandacquisitionrehabilitationandresettlementamendmentbi
ll20153649/

BooksReferred:
LawofacquisitioninIndiabypksarkarandghosh
CommentaryontheLandAcquisitionActAggarwalaOmPrakash
NewLawRelatingtoLandAcquisitionRehabilitation&Resettlement
Taxmann

TheRighttoFairCompensationandTransparencyinLandAcquisition,Rehabilitationand
ResettlementAct,2015|

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