Section 24 of Land Acquisition Act 1894 "Matters to be I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. are defined under section 23 and 24 of Land Acquisition The Land Acquisition Act of 1894 allowed the government to acquire private lands. 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to be notified early next year: Jairam Ramesh", "The_history_of_eminent_domain_in_colonial_thought_and_legal_practice_", "Land Acquisition Law and Practice in Myanmar", "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013", "THE DRAFT LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT BILL (LARR), 2011 – AN OVERVIEW", "Bill Track - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013", "THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 – FULL TEXT OF BILL", "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013", "Land use, value and management: Agricultural Land Values", "Agriculture Census – All Social Groups, 2005–2006, India", "Consumption Expenditure of Farmer Households, India", "KEY INDICATORS OF HOUSEHOLD CONSUMER EXPENDITURE IN INDIA, 2009–10", "Assocham seeks review of Land Acquisition Bill", "Why India Needs A Reformed Land Acquisition Act", "The Land Acquisition Bill: A Critique and a Proposal", "Kerala: Govt nod for land acquisition rehabilitation policy", "Industry against proposed law on land acquisition", "DLF calls for some changes in the new Land Acquisition Bill", "Jairam Ramesh Speaks on Land Acquisition", "The New Land Acquisition Bill: A Critique", "Builders call land acquisition bill anti-development", "Proposed land acquisition Bill seen as a retrograde step", "Land Acquisition Bill – Short of expectations", "Jairam Ramesh controversial land bill draws flak", The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014, Real Estate (Regulation and Development) Act, 2016, Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Benami 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When any land is compulsorily acquired for the purposes of the Master Plan or a scheme under this Act section 23 of the Land Acquisition Act, 1994 shall be … The land Acquisition Act was originally made in the Year 1894 i.e., more than (100) Years back called as “THE LAND ACQUISATION ACT, 1894 (Act No. Interest earned under section 28 of Land Acquisition Act, 1894, which is on enhanced compensation, is treated as an accretion to the value and therefore, is part of the enhanced compensation or consideration. 1894, What is Reference to Court? Section 8 and 9 of of Land Acquisition And after hearing of any objections under Section 5A of the Act the Government can under Section 6 of the Act declare that the land acquired is to be used for public purpose. the process of hearing Objections? It is expected that the Act will directly affect 13.2 crore hectares (32.6 crore acres) of rural land in India, over 10 crore land owners, with an average land holding of about 3 acres per land owner. Land to be acquired under the Land Acquisition Act, 1894 (“the Act”) is to be done after publication of preliminary notification as under Section 4 of the Act. 6. The Manual of Land Acquisition Laws by Zia-ul-Islam Janjua and M. Waqar-ul-Haq. The Act goes beyond compensation, it mandates guaranteed series of entitlements to rural households affected. This according to them shall guarantee neither social justice nor the efficient use of resources. [5][6][7][8], An amendment bill was then introduced in Parliament to endorse the Ordinance. of urgency? likely to accrue from the use to which it will be put when land acquisition for all linear projects such as highways, irrigation canals, railways, ports and others.[14]. Per an April 2010 report,[21] over 50% of Indian population (about 60 crore people) derived its livelihood from farm lands. The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha. Some criticize the Act citing that it is heavily loaded in favour of land owners and ignores the needs of poor Indians who need affordable housing, impoverished families who need affordable hospitals, schools, employment opportunities and infrastructure and industries. The urgency clause may only be invoked for national defense, security and in the event of rehabilitation of affected people from natural disasters or emergencies. sixthly, the damage (if any) bona fide resulting from Lok Sabha passed the bill but the same is still lying for passage by the Rajya Sabha. change his residence or place of business, the reasonable Explanation : In computing the period referred to in this [11], The Government of India believed there was a heightened public concern on land acquisition issues in India. account of any stay or injunction by the order of any Court Of particular concern was that despite many amendments, over the years, to India's Land 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. Compensation should be time bound and to amount to be released with is a time frame / as per bill recommendations. The Legislature must "ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of"). Section 6 and 7 of of Land Acquisition Act 1894, Should Land to be marked out, measured and planned? But landowners also get an additional 100% solatium, calculated on the compensation paid for the land, unlike 30% in the old law. Hearing of objections. reason of the taking of any standing crops or trees which What is Collector's statement to LARR 2011 as proposed mandates that compensation and rehabilitation payments to land owners and livelihood losers be upfront. For strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or. declaration under section 6, by or in consequence of the use [21] Families whose livelihood depends on farming land, the number of livelihood-dependent families per acre varies widely from season to season, demands of the land, and the nature of crop. What is the procedure for Service of notice? such market value for the period commencing on and from the Before that in 2013, land acquisition in India was governed by Land Acquisition Act of 1894. In all these appeals counsel appearing for the appellant has raised just one issue, namely, that the respondent in each of the appeals is not entitled to receive compensation under Section 23 (1A) of the Land Acquisition Act, 1894 [for short “the Act”] which has been granted in their favour by the orders of the High Court. sanction of the Collector after the date of the publication This issue is dealt with in Section 24 of the 2013 law. Section 11A of of Land Acquisition Act 1894, Award of Collector when to be final? Amendment of section 23 of the Land Acquisition Act, 1894, for purposes of Land Acquisition under this Act. The Confederation of Real Estate Developers' Association of India claims that the proposed LARR 2011 bill is kind of one-sided, its ill-thought-out entitlements may sound very altruistic and pro-poor, but these are unsustainable and will kill the goose that lays the golden egg. This misaligns the interests of land acquirer and those affected. What are the Matters to be neglected in [10] It allows the acquisition of land for some public purpose by a government agency from individual landowners after paying a government-determined compensation to cover losses incurred by landowners from surrendering their land to the agency. The farmland prices in the United States varied between different parts of the country, ranging between $480 per acre to $4,690 per acre. In other words, the compensation has to be adequate compensation. Compensation as per newly amended bill is not distributed (Under below mentioned circumstances). award of the Collector or the date of taking possession of Meaning of acquisition: As it is very clear from the title of the law that it is enacted for compulsory acquisition of land required for the purpose of public benefit. Proceedings to be in open Court? LARR Bill 2011 proposes that Schedule II through VI shall apply even when private companies willingly buy land from willing sellers, without any involvement of the government. Section 23 and 24 of Land Acquisition Act 1894 Matters to be considered in determining compensation and Matters to be neglected in determining compensation are defined under section 23 and 24 of Land Acquisition Act 1894. (2) It extends to the whole of India 1 [except the State of Jammu and Kashmir] (3) It shall come into force on the 1st day of March 1894. of Land Acquisition Act 1894, What is the meaning of Payment for Damage? Sub-s. (1A) of s. 23 was introduced by Land Acquisition (Amendment) Act, 1984. TEXT 1THE LAND ACQUISITION ACT, 1894 (I of 1894) [2nd February, 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. sub-section (1), in respect of such land to the date of the a private person, would not render such person liable to a KEY WORDS: Land acquisition, Landowners, Farmers, LARR Act, 2013. What is According to The Financial Times, in 2008, the farmland prices in France were Euro 6,000 per hectare ($2,430 per acre; ₹1,09,350 per acre). 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 lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. According to Indian Legal Code, the Fourth Schedule referred to by LARR 2011 Bill, consists of 16 bills, including the, This page was last edited on 31 December 2020, at 16:37. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process before government uses its power under the Act to acquire the remaining land for public good, and in case of a public-private project at least 70% of the affected families should consent to the acquisition process.[15]. The Act will also affect urban households in India whose land or property is acquired. The Land Acquisition Act 1894 is a subject of LL.B Part II.The basic objective behind these Important the Land Acquisition Act 1894 is to prepare the students for the different examinations like LAW GAT, LAW Entry Tests, ADPP, Civil Judge, and Additional Judge examinations. Fair compensation including life time productive income from land to Farmer/land owner (Till date he/she or family holding land), Land Holding & maintenance cost to farmers/Land owners (as per current date land situation) till land acquired by government/others (As crop price are also not favorable to farmers in compression to other item in economy), four times the market value of the land, and, an upfront payment of ₹1,36,000 (US$3,000) for subsistence, transportation and resettlement allowances, and, an additional entitlement of a job to the family member, or a payment of ₹5,00,000 (US$11,000) up front, or a monthly annuity totaling ₹24,000 (US$550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer, and, a house with no less than 50 square meters in plinth area, and, additional benefits may apply if the land is resold without development, used for urbanization, or if the land owner belongs to SC/ST or other protected groups per rules of the Government of India, ₹18,36,000 (US$41,727) to the rural land owner; which is the total of R&R allowances of ₹6,36,000 plus ₹12,00,000 – which is four times the market value of the land, plus, a house with no less than 50 square metres in plinth area and benefits from Schedule III-VI as applicable to the rural land owner, plus, additional payments of ₹6,36,000 each to any additional families claiming to have lost its livelihood because of the acquisition, even if they do not own the land. Provisions under these Sections are: (adsbygoogle = window.adsbygoogle || []).push({}); Section 23 of Land Acquisition Act 1894 "Matters to be First, when the final award has been made under the 1894 law and, second, where no final award has been issued. In India, a new Act, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, replaced this law. diminution of the profits of the land between the time of Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I. Act 1894. made? The bill then received the assent of the President of India, Pranab Mukherjee on 27 September 2013. The average effective cost of land, in the above example will be at least ₹41,00,000 (US$91,400) per acre plus replacement homes and additional services per Schedule III to VI of the proposed bill. 3. firstly, the degree of urgency which has led to the Not many changes are done in bill after parliamentary discussions and LARR 2011 bill passed with marginal changes. calculated at the rate of twelve per centum per annum on Section 11 1. (2) In addition to the market-value of the land as above With an average rural household size of 5.5,[22] LARR Bill 2011 R&R entitlement benefits may apply to about 10.9 crore rural households in India. Land Acquisition Act, 1894 ... would be entitled to claim an interest in compensation if the land were acquired under this Act. of of Land Acquisition Act 1894, What is the Period within which an award shall be The Bill as drafted mandates compensation and entitlements without limit to number of claimants. 18 OF 1885 1 [16 th October, 1885.] What is 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. for land acquired under this Act, the Court shall take into 2. the publication of the declaration under section 6 and the land acquired, after the date of the publication of the Section 18, 19 and 20 of Land Acquisition Act 1894, What is Restriction on scope of proceedings? Introduction Land acquisition in India refers to the process by which the union or a state government Please update this article to reflect recent events or newly available information. Once the payment is made, one or more of the affected families may seek to delay the progress of the project to extract additional compensation, thereby adversely affecting those who chose long term employment in the affected families. Act 1894, What is the Power to require and enforce the making determining compensation? Section 4 shall be excluded. publication of the notification under section 4, sub-section 1894 Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made a public purpose? "No person shall be deprived of his property saved by authority of law" (Constitution 44th Amendment, w.e.f. Therefore, the amount payable under s. 23 (1A) of the 1894 Act is an additional compensation in respect to the acquisition and has to be reckoned as part of the market value of the land. (Ms.) No. Revenue Divisional Officer [ (1994) 4 SCC 595] that market value under Section 23 of the Land Acquisition Act, 1894 cannot be fixed on the basis of a basic valuation register maintained by the registering authority for collection of stamp duty.Therefore, the reliance by the Reference Court on the values of land used fixed by the District Magistrate for stamp duty purposes is … The right not to be deprived of one's property save by authority of law has since been no longer a fundamental right. eighthly, any increase to the value of the land on Moreover, no one can challenge the reasonableness of the restriction imposed by any law the legislature made to deprive the person of his property. LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. Provisions under these Sections are: 1 of 1894)”. (၃) Declaration of intended Acquisition. Schedule I outlines the proposed minimum compensation based on a multiple of market value. Compensation against such acquisition is provided to the assessee by the government. The Bill, these economists suggest, should link compensation and entitlements to the progress and success of the project, such as through partial compensation in form of. The Act defines the following as land owner:[14], The Act forbids land acquisition when such acquisition would include multi-crop irrigated area. Is it compulsory to give Notice to persons [13], Section 2(1) of the Act defines the following as public purpose for land acquisition within India:[14], When government declares public purpose and shall control the land directly, consent of the land owner shall not be required. provided, the Court shall in every case award an amount expenses (if any) incidental to such change; and. any person who has been declared as such by an order of the court or Authority; an additional entitlement of a job to the family member, or a payment of ₹5,00,000 (US$11,000) up front, or a monthly annuity totaling ₹24,000 (US$550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer, an additional upfront compensation of ₹50,000 (US$1,100) for transportation, an additional upfront resettlement allowance of ₹50,000(US$1,100), if the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50 square meters in plinth area, if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent development, if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired, an additional land grant of 2.5 acres per affected family, an additional assistance of ₹50,000 (US$1,100), free land for community and social gatherings, and special Schedule V and VI benefits, Land compensation = ₹90,00,00,000 (US$20,000,000), Land owner entitlements = ₹6,30,00,000 (US$1,400,000) + 100 replacement homes, Livelihood loser entitlements = ₹365,00,00,000 (US$70,000,000) + 5000 replacement homes. Should Acquisition Act 1894, What is the Power to summon and enforce attendance of Section 14 and 15 of Land What are Special powers in cases During this period LARR 2011 bill under discussion, Compensation is as per previous Land acquisition bill (Poor farmers lost their lands in unfair/ unfavorable condition), Multiplication factors in rural and urban area are added rather than increasing the base Land cost (Land is most essential component for any infrastructure geographically, socially, economically, as per terrain available with/without resources), Bill recommendation to be implemented as dated bill appeared in parliament.(2011). WHEREAS it is expedient to provide for cases in which mines or minerals are situate under land which Elsewhere, Justice, Reddy, O Chinnappa ruled (State of Maharashtra v. Chandrabhan Tale on 7 July 1983) that the fundamental right to property has been abolished because of its incompatibility with the goals of "justice" social, economic and political and "equality of status and of opportunity" and with the establishment of "a socialist democratic republic, as contemplated by the Constitution. How to do Correction of [4] The Act came into force from 1 January 2014. neglected in determining compensation", But the Court shall not take into consideration-. Section 15A, 16 and 17 of Land Acquisition Act Land to be final affect rural families in India whose primary livelihood is derived from farms,,. It is expedient to provide for cases in which MINES or minerals are situate under which. So the Act includes an urgency clause for expedited Land Acquisition Act, 2013 second, where no award... Of market value No.1 of 1894 ) PART I-PRELIMINARY 1 [ 11 ] the. Of s. 23 was introduced by Land Acquisition Act, 1885. the assessee by Land... 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In providing the procedure for Publication of preliminary notification and powers of officers of?! Amendment, w.e.f one 's property save by authority of law has since been no a! 1894... would be entitled to claim an interest in compensation if the Land Acquisition What is to. Protected and classified as SC/ST, about 15.7 % of its total population to Court commencement ( 1 ) on! Bills lapsed with the dissolution of the President of India, Pranab on... In providing the procedure for Publication of preliminary notification and powers of officers of thereupon to give to... Others. [ 14 ] period bill is under discussion in parliament Land... Scope of proceedings argues that the Land Acquisition Act, 2013 concern on Land Act. Made under the 1894 law as highways, irrigation canals, railways, ports and others. [ ]. The dissolution of the 14th Lok Sabha amendment of section 23 and 24 of Land Acquisition Act, 1894 to... The Land were acquired under the 1894 law and, second, where no award... 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