Land acquisition 1894 and LARR 2013.

1. LAND ACQUISITION 1894
AND LARR 2013
Land Acquisition is the process by which the government acquires private property for public
purpose, till 2013 land acquisition in India was governed by Land Acquisition Act of 1894

2. • Shortcomings of 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.

3. • The aim here, is to draw a comparison between the Land Acquisition Act of 1894 and 2013. The idea
behind such a comparison is to compare the purpose of both these Acts as the former was enacted
keeping in mind acquisition of land and the latter was enforced with the main principle being fair
compensation which is to be achieved via resettlement and rehabilitation with complete procedural
transparency.
Land acquisition in India is governed by the Land Acquisition Act of 1894 (the 1894 Act), Land
Acquisition, Rehabilitation and Resettlement Bill of 2013 (the 2013 Act) and Land Acquisition,
Rehabilitation and resettlement Ordinance, 2015 (the 2015 Bill).

4. • On the basis of this, the award payable as compensation had to be increased almost 4 times to the
estimated local market value in rural areas and at least two times the market value in the urban areas.
The Act makes Rehabilitation and Resettlement (R&R) package to be paid to all affected parties along
with compensation for lost assets as mandatory. In terms of determining the ambit of who constitutes
as an affected party, the Act expands it to be inclusive of individuals and families who depended upon
the land as their primary source of livelihood. This also includes tenants, agricultural workers,
beneficiaries etc., The contents of the R&R package are inclusive of resettlement allowances,
transportation costs, a stipend for a year etc.
• The Act requires a Social Impact Assessment (SIA) to be conducted which helps in identifying who the
affected families are and how to calculate the social impact on the acquired land. An independent
committee of experts examine the SIA while the administrative committee reviews it to see how well it
serves the needs of the public along with a comparison between the costs and benefits of a project. In
case of a multi-cropped land, the Act proposes to not acquire such a land however, this is subject to
certain special circumstances. Further, disputes arising from there are referred to a specially constituted
body and the civil courts have no jurisdiction over matters arising thereof.

5. MAJOR DIFFERENCES BETWEEN LAND ACQUISITION ACT OF 1894 AND
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
• 1. The title
1894 - The name of old law sounds like the primary purpose was the acquisition of land.
2013 - The title has been amended to reflect the principle objective of the new Bill is fair
compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards
for their well-being and complete transparency in the process of land acquisition.
• 2. Forced acquisitions
1894 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.
2013 In cases where PPP projects are involved or acquisition is taking place for private companies,
the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those
whose land is sought to be acquired. This ensures that no forcible acquisition can take place.

6. • 3. 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 required to be taken on board by the officer conducting the
hearing.
2013 – provides Multiple checks and balances. It involves the participation of local
Panchayati Raj institutions prior to the start of any acquisition proceeding.
Monitoring committees at the national and state levels to ensure that R&R
obligations are met have also been established.
• 4. Silent on resettlement and rehabilitation of those displaced:
There are absolutely no provisions in the 1894 law relating to the resettlement and
rehabilitation of those displaced by the acquisition.
2013 – This law links land acquisition and the accompanying obligations for
resettlement and rehabilitation

7. • 5. Urgency clause:
This is the most criticized section of the Law. The clause never truly defines what
constitutes an urgent need and leaves it to the discretion of the 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 even the token satisfaction
of the processes listed under the Act.
• 6. Low rates of compensation:
1894 - The rates paid for the land acquired are the prevailing circle rates in the area
which are outdated and hence not even remotely indicative of the actual rates
prevailing in the area.
2013 Bill proposes the payment of compensations that are up to four times the
market value in rural areas and twice the market value in urban areas.

8. • Also 2013 bill speaks about Retrospective operation, multiple checks and balances,
special safeguards for tribal communities and other disadvantaged groups,
compensation for livelihood losers, caps on acquisition of multi-crop and agricultural
land, return of unutilized land, exemption from income tax and stamp duty, time-
bound social impact assessment, Share in developed land, damage to crops to be
included in price, affected family to include tenants, monthly subsistence allowance
etc.

9. QUESTIONS:
1. What is the full form of LARR act?
A. None of them
B. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act
C. Land Acquisition, Rehabilitation and Resettlement Act, 2013.
D. the Right in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. In which year LARR act was enforced?
A. 2013
B. 2000
C. 2014
D. None of them

10. REFRENCES:
• https://www.careerride.com/view/differences-between-land-acquisition-act-of-1894-and-2013-act-
20312.aspx
• http://www.legalserviceindia.com/legal/article-2511-a-comparative-analysis-of-the-land-acquisition-
laws-in-india-1894-2013-and-2015.html
• https://housing.com/news/all-about-the-land-acquisition-act/
• https://www.researchgate.net/publication/327155932_Comparative_Analysis_of_Land_Acquisition_Ac
ts_in_India_A_Case-Based_Approach