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Land acquilization bill
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Land acquilization bill


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  • 2. DEFINATION  The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. “Land Acquisition” literally means the acquisition of land for some public purpose by a government agency from individual landowners, as authorised by the law, after paying a government-fixed compensation to cover losses incurred by landowners from surrendering their land to the concerned government agency. In India, a new Act, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was passed by the Parliament in 2013 to repeal this Act.
  • 3. PUBLIC HEARING  Section 4 of the proposed bill deals with the Public Hearing of the Social Impact Assessment. Sub-Section (1) of Section 4 of the bill says that a public hearing should be held in the affected area, to ascertain the views of the affected families.  The appropriate government (as defined in Section 2(e) of the said Bill) shall announce the date, time and venue of such a public hearing in well in advance, and ensure that the public hearing proceedings take place in the prescribed manner.  The views of such affected families that are ascertained in the public hearing shall be recorded and included in the social impact assessment report.
  • 4. COMPENSATION     Section 20 of the current draft dealing with betermination of market value by collector mentions the following two criteria for assessing and determining the market value of land. (a) The minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or (b) The average of the sale price for similar type of land situated in the village or vicinity, ascertained from fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or whichever is higher: Provided that the market value so calculated shall be multiplied by three in rural areas.
  • 5. AUTHORITIES UNDER THE ACT.  A committee to examine proposals for Land Acquisition and the Social Impact Assessment Report.  The Committee ensures that it will see to the legitimate and bonafide reasons while acquiring a land for public purpose  The committee shall see that only minimum changes are made with respect to the land, infrastructure and the community on that area.  The acquisition of an agricultural land will be taken only as a last resort after the Collector of the District has explored the possibilities of utilising waste, degraded and barren lands.  No multi-crop irrigated land will be used for acquisition.  The Committee that has to be constituted prior to a land acquisition.
  • 6. APPOINTMENT OF AN ADMINISTRATOR  Section 8 of Part III deals with the appointment of an administrator for rehabilitation and resettlement in consonance with Section 31.  Section 8 proposes for the appointment of an administrator whenever a land is required or likely to be required for public purpose, whereas Section 31 narrows such instances of appointment only when there are persons who are involuntarily displaced.  Further the duties and responsibilities of the Administrator are prescribed by the Appropriate Government in such circumstances as it may in accordance with the situation.
  • 7. COMMITTEE FOR REHABILITATION AND RESETTLEMENT AT THE PROJECT LEVEL  Section 33 of the Bill proposes for a Committee that shall be constituted under the Chairmanship of the Collector, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits.
  • 8. DISPUTE SETTLEMENT AUTHORITIES AND APPEAL PROVISIONS  Sections 36 and 37 of the Bill deal with the establishment of dispute settlement bodies at the state and central level.  The qualifications mentioned therein go against the grain of the Bill by restricting themselves to serving and retired bureaucrats and judges.  The last proviso mentioned in Section 38 of the Bill that caps the application period at one year is arbitrary.
  • 9. TRANSFER AND RETURN OF UNUTILISED LAND   Section 69 of the Bill has been reproduced as follows: “(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Appropriate Government, and any change in purpose made in violation of this provision shall be void and shall render such land and structures attached to it liable to be reverted to the land owner.  (2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the land owner by reversion;  (3) The Appropriate Government shall return the unutilized land or part thereof, as the case may be, to the original owner of the land from whom it was acquired subject to the refund of one fourth of the amount of compensation paid to him along with the interest on such amount at such rate, as may be specified by the Appropriate Government, from the date of payment of compensation to him till the refund of such amount; and  (4) The person to whom the land is returned being the owner of the land shall be entitled to all such title and rights in relation to such land from which he has been divested on the acquisition of such land.”