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.”
