2. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
INTRODUCTION
The government can buy private land for infrastructure development, urbanisation, or industrialization
through a procedure known as LAND ACQUISITION. In exchange, the government would give the
landowner adequate compensation based on market value and be accountable for the resettlement and
rehabilitation of the affected landowners.
HISTORY OF LAND ACQUISITION IN INDIA
• The land is a part of the physical environment required by all living organisms. Animals find their
home in forest land, while land requirements for humans are gigantic. Humans need land for
agriculture, housing and industrialisation.
• It has become impossible to fulfil the land requirements with the escalating population. There’s a
need to strike a balance for sustainable usage of land.
• At the beginning of civilisation, when the land was the sole means of income, certain social groups
administered and managed land distribution. They regulated the distribution of “Common Property
Resources (CPRs)” and earned their livelihood through its management. Hence, it was the beginning
of the generation of land rights.
• With the advent of the British in India, land laws in India witnessed radical changes. They scrutinised
the land ownerships by conducting surveys and introduced the concept of “Individual Ownership”.
The properties that belonged to none belonged to State and hence, called “State’s Property”.
• The British Government enacted various land acquisition acts to benefit the royal treasury to gain an
impregnable hold on the land. They promulgated witty schemes to acquire the lands belonging to
the people pursuant of fiscal settlements in the name of socio-economic development.
• Therefore, Land Acquisition refers to the government’s authority (State or Central) to amass private
lands for industrialisation, urbanisation and infrastructural needs by compensating the landowners.
3. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
LAND ACQUISITION ACT: OBJECTIVE
• To ensure a transparent process for acquiring land, in consultation with all the stakeholders and local
governing bodies.
• To ensure minimum displacement of the existing population, owning or staying on the land.
• To provide fair compensation to the families who are affected or whose land has been acquired or
livelihood has been affected, because of the land acquisition.
• To provide adequate provision for rehabilitation and resettlement of the families affected.
PURPOSE OF LAND ACQUISITION ACT
The government can procure land for its own use or for public sector companies or for ‘public purpose’,
which can include any of these:
• For any work related to state or national security or defence services of India, which includes naval,
military, air force or other armed forces, under the purview of the state or central government.
• For building public infrastructure but excluding private hospitals, private educational institutional and
private hotels.
• For any project involving agriculture or allied industries, such as dairy, fisheries or meat processing,
owned by the government or by farmer’s cooperatives.
• For industrial corridors, manufacturing zones or other projects listed in the National Manufacturing
Policy. This can also include mining activities.
• For water harvesting, conservation structure projects or for planned development or improvement of
village sites.
• For government-aided educational and research institutions.
• For planned development, such as creating housing projects for the weaker sections, in rural or urban
areas.
• For developing residential projects for the poor or landless, or for people affected by natural
calamities.
4. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
INDIA’S 200 YEARS OF STRUGGLE WITH LAND ACQUISITION LAWS
1948:
•replacing the
words “the whole
of British India”
with “all the
provinces of
India.”
1998:
•The Bhartiya
Janata Party
proposed to
amend the
existing land bill.
2007:
• The bill a mandated
the social impact
assessment and also
proposed that the
government, while
acquiring the land, had
to pay for losses or
damages caused to the
land and to provide
compensation as per
prevailing market
prices.
2008:
• The bill was
subsequently referred
to a standing
committee on rural
development and was
cleared by the group of
ministers, set up by the
UPA government, in
December 2008
2009:
The Lok Sabha passed the
2007 amendment bill as
the Land Acquisition
(Amendment) Bill, 2009 in
February. The government
introduces the bill in the
Rajya Sabha but was
unable to ensure its
passage and it lapsed with
the dissolution of the 14th
Lok Sabha.
2011:
• After winning the
general elections in
2009 once again, the
UPA government
introduced the Land
Acquisition
Rehabilitation and
Resettlement Bill,
2011—a new bill
which traced its roots
to the 2009 version.
2013:
• The bill was passed.
2014:
• The bill comes into
effect.
5. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
INDIA’S 200 YEARS OF STRUGGLE WITH LAND ACQUISITION LAWS
DEC 2014:
the consent clause and the social
impact assessment were not
necessary if land was acquired for
national security, defence, and
rural and social infrastructure.
“Such projects are vital to national
security and defence of India
including preparation for defence
and defence production,” India’s
finance minister Arun Jaitley says
on Dec. 29.
2015:
The lower house, where Current Government holds a majority, passed the bill and the opposition
parties including the Congress, the Trinamool Congress, the Samajwadi Party and the RJD walked out
of the Lok Sabha.
Right to Fair Compensation and Transparency in Land Acquisition Bill 2015
The deceptive and bogus land act of 1894 exploited the affected people to large extents. To
safeguard their interest, the Congress Party enacted the Land Act of 2013.
The Opposition perceived the said act as unrealistic and far-fetched. Therefore, the Right to Fair
Compensation and Transparency in Land Acquisition Act 2015 are significant amendments to the Act
of 2013. The harsh amendments raised massive protests and hence was called ‘Anti-Farmer‘.
6. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
Evolution of Land Acquisition Acts in India
Land Acquisition Act 1894
Reliable infrastructure became necessary to facilitate trade. Therefore, East India Company enacted the first land
acquisition enactment, namely, the Bengal Regulation Act of 1824.
The said Act addressed the following two concerns:
1. Possession of land for constructing roads, bridges and canals at “fair prices“.
2. Dealing with the issues concerning the requirement of land for salt manufacturers
3. Now, the institution of the railways made the acquisition of land necessary. The Bengal Regulation Act 1824 provision
extended to the Calcutta Presidency for attaining easy possession of the land under a new enactment Act I of 1850.
4. Besides, the British Government promulgated specific provisions on land acquisition for railways, highways, tramways
and others.
5. Soon, the act became insufficient to cover the growing need for land. Hence, a consolidated Land Acquisition Act
1894 came up. In addition to developmental purposes, the said act also facilitated land acquisition for governmental
companies.
6. Since then, the Act of 1894 acted as the principal enactment for compulsory acquisition. But, the landmark judgement
of Kesavanand Bharati vs State of Kerela highlighted the likelihood of the provisions of the said Act contradicting
the Right to Property.
7. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
Land Acquisition Act 2013
• To rectify the shortcomings of the previous act, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 or the Land Acquisition Act, 2013, replaced the Land Acquisition Act 1894.
• The Act aimed to provide adequate compensation for rehabilitation and resettlement. Further, the act laid down an appropriate procedure
for acquiring land after examining the Social Impact Assessment Report.
Some of the essential sections of the Act are:
•1.1. Possession of land by
government for its or public usage
•1.2. Possession of land by the
government for P PP projects and by
private companies for public welfare.
•1.3. Possession of land by public
companies through private
mediations.
Section 4 talks about the Social Impact
Assessment Study as an indispensable
step undertaken before the acquisition
of land by the government for public
purposes.
Section 3 (za) defines the term ‘public
purpose‘ as the activities undertaken
under Section 2 (1) and further
includes:
•2.1. Acquisition for military,
paramilitary purposes aid in national
defence and security.
•2.2. Acquisition for infrastructure,
agriculture, industry, educational
purposes, sports, tourism and
transportation and other facilities
•2.3. Acquisition for relief
development
•2.4. Acquisition for housing schemes
•2.5. Acquisition for developmental
policies
•2.6. Acquisition for the housing of
Displaced Persons.
Section 2 of the Act classifies the
acquisition of land into three
categories
•The report evaluates the social impact
of the report in actuality. Authorities
are bound to consult the concerned
Panchayat of the affected area on the
said matter. After a thorough
assessment, the reports indicate high
social impact, and the land may get
acquired. Authorities are bound to
consult the concerned Panchayat of
the affected area on the said matter.
Section 6
•eliminates the preparation of the SIA
report when the project to be
undertaken is for irrigation purposes.
Section 9
•talks about the urgent acquisitions.
The Act forgoes the assessment of
social impact under Section 40 in the
event of urgency.
8. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
Land Acquisition Act 2013
• The Act of 2013 provides a clear and
precise definition of the term ‘public
purpose‘,
• Act of 2013 emphasis the preparation
of the Social Impact report and then
decides on the possession.
• Due consideration gets paid to the
people’s opinions integral to the land
under the Act of 2013.
• the Act of 2013 is generous. It pays the
market rate as compensation in the
urban areas and doubles the market
rate in rural areas.
• the Act of 2013 compensates up to
100% for the emotional loss.
• the Act of 2013 made it mandatory to
return such land within five years from
the date of possession.
• Act of 2013 created the urgency clause.
Land Acquisition Act 1894
• Under the Act 1894 government
excised discretionary powers while
defining it.
• Act of 1894 created no room for any
such provision report, and hence, the
land could get acquired against the will
of the affected public.
• On the contrary, the Act of 1894
considered no such opinion.
• Under the Act of 1894, compensation
would be the evaluated market value of
the land.
• The compensation for emotional loss
was only 30% under the acquisition act
of 1894.
• Under the Act of 1894, the authorities
would never return the unused land to
the real owners.
• The urgency clause found no place in
the act of 1894.
DIFFERENCE BETWEEN LAND ACQUISITION ACT 1894 AND 2013
9. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
LAND ACQUISITION UNDER PART-II
Under this part, acquisition process involves the following steps:-
1. NOTIFICATION14
• The land acquisition process starts with issuing of a preliminary notification in the Official Gazette in two locally circulated newspapers. Also the collector is to
ensure the “public notice of substance of such notification” to be given at a convenient place in the locality.
• This notice: Makes it lawful for an authorized officer to enter and inspect the land specified in the notice without the owner’s permission
Alerts the owner not to invest any money or labour on any improvements to his land without the Collector’s consent and Informs the public
not to acquire any interest in such land.
2. FILING OF OBJECTIONS15
• Owners and the people who have interest in the land are then required to file their objections (if any) within 30 days of the issuing of the notice. These objections
are to be submitted to the collector and the collector shall give opportunity of being heard to all those people who raise objections.
• After hearing these objections the collectors submits a report to the government which contains all his recommendations and all the records of the proceedings.
Then the government takes a decision of acquisition based on the collector’s report. The right to file objections is regarded a substantial right when a person’s
property is threatened against acquisition.16
10. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
IMPORTANCE OF CONSENT UNDER LAND ACQUISITION ACT
When the government acquires land for public purposes and controls
the land bank directly, the land owners’ consent is not a necessity.
However, when the land is acquired for setting up private companies,
the consent of at least 80% of the affected families is mandatory. If the
project is undertaken through a public-private partnership, then, 70%
of the affected families have to give their consent for the land
acquisition process.
DECLARATION
After the government takes the decision, a declaration is issued under Sec 6(1) and this declaration must be given equal publicity as the preliminary
notification. According to this Act, this declaration shall be issued within one year from the date of issuing of preliminary notification.
NOTICE TO INTERESTED PARTIES
After the declaration the notified land is planned and measured as per Sections 7 and 8 of the Act. A notice is issued by the collector to all the land
owners and the parties having interest in that land to inform about government’s intention to acquire their land and also to call for claims for
compensation.
11. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
ENQUIRY AND AWARD
After the notice is issued, collector conducts an enquiry on the objection raised and accordingly an award is given.18 The award contains area of
the notified land, compensation payable and the share of all the interested persons in the compensation. This award should be made within two
years from the date of declaration or else under Sec 6 the acquisition proceedings will lapse. Any appeal against the award can be made by filing
an application to the collector who shall then refer the matter to the court. interested parties cannot file a suit in the ordinary civil courts to
establish their claims. The award must be made within the stipulated time period of 2 years under Section 11A. The period of stay if any to be
excluded from time fixed for passing the award.19
ACQUISITION
After the award is made the government acquires the land and immediately takes the possession of the land after paying appropriate
compensation.
COMPENSATION
The compensation should be based on the market value of the land. If the payment of compensation is delayed even after acquisition of the
land then an interest of 12% per annum shall also be given. In addition to that, a solatium equivalent to 30% of the market value shall also be
given. The recent judicial trends have also seen refund of compensation at specific interest rate if the acquired land is not used for the desired
purposes.20
LIMITATIONS OF LAND ACQUISITION ACT
• Inappropriate calculation of the market rate
• Absence of R&R policies for the temporarily acquired land
• Ignorance of consent of affected families in the event of acquisition for PSUs
• The objection of State Government on possession of agricultural land
• Certain enactments of importance get exempted from its purview
12. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
PROBLEMS WITH LAND ACQUISITION ACT
The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings:
• 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.
• Consent is not mandatory for government projects in the latest amendment. This can result in forceful evictions of land owners, without
proper alternate arrangements for their rehabilitation and resettlement.
• Earlier, multi-cropped land could not be acquired for any purpose but according to the latest amendment, even multi-crop irrigated land can
be acquired for security and social infrastructure projects.
CONCLUSION
• Every basic need of humans is associated with the land. The limited land area leads to a challenging situation where decision making becomes
difficult. The land requirements for industrialisation is as much essential as it is for urbanisation. Hence, while taking such decisions, the
authorities must thoroughly study the situation to apply its judicial mind.
• Even though people can own their private property, the government could repurchase the property for the greater good. It is known as Land
Acquisition. Over the years, a couple of acts were enacted to regulate the procedure of land acquisition.
• The acts introduced so far haven’t proved to be successful. The prejudice often hampers the formulation of the sustainable land act. But, it is a
must to perceive the interest of displaced people as the primary concern and formulate the policies accordingly.
• Since Independence, a series of laws in the said regard got promulgated, but each time a project of importance is undertaken, protests arise.
Hence, highlighting the loopholes in the system and insufficiency of the provisions so formulated.
13. NAME : SHIVA N RATHOD.
YUSUF KASU.
Hamza
M.ARCH PROJECT MANAGEMENT(SEM-I) Land Acquisition Act
Thank You!
