The document summarizes key aspects of land acquisition laws and policies in India. It discusses the Land Acquisition Act of 1894, which allowed the government to acquire private land for public purposes with limited compensation. It then outlines the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR), which established social impact assessments, consent requirements and increased compensation rates. Finally, it notes that the Modi government proposed amendments through an ordinance in 2015 to simplify the land acquisition process under LARR, but the ordinance lapsed due to protests claiming it was anti-farmer.

1. Land Acquisition Bill
Deepesh Seth Aman Jatale
Praveen Kumar Ganesh Vivekananth
MBA-REUI
Section-A

3. How do we get the land to
build those projects?

4. 60%
23%
13%
4%
Existing Land Pattern
Agriculture Forest Land Use Unusable Land
How MuchLand We have?

5. Land Acquisition
Land acquisition in India refers to the process by which the union or
a state government in India acquires private land for the purpose
of industrialization, development of infrastructural facilities or urbanization of
the private land, and provides compensation to the affected land owners and
their rehabilitation and resettlement.
 Eminent Domain (US)
 Compulsory Purchase (United Kingdom, New Zealand, Ireland)
 Resumption (Hong Kong)
 Compulsory Acquisition (Australia)
 Expropriation (South Africa, Canada)

6. History
1894
• Land Acquisition Act, 1894 created by the British.
1947
• Independent India choose to continue this Act even after independence
2013
• UPA Government replaced this Act with The Right to Fair Compensation &
Transparency in Land Acquisition, Rehabilitation & Resettlement Act .
2015
• Modi Government wants to make some further amendments to the Bill.

7. Land Acquisition Act 1894

8. OBJECTIVE
 To provide a law which will enable the State to acquire the land of others for
public purposes and for companies.
 Act also states provisions relating to taking over of possession and payment of
compensation whose land is acquired.
 Provisions of the Act relating to acquisition of Land are substantive and those
related to taking over of possession and payment of compensation are subsidiary.

9.  Whenever, it appears to the Government that the land is required for
a) Public Purpose, or
b) Company.
 Company means Company as defined under Section 3 of the Companies Act,
1956 (except the Government Companies) and includes a society and Co-
operative society registered under relevant law.
WHEN APPLICABLE/ REQUIRED

10. WHENAPPLICABLE/ REQUIRED
 Public Purpose defined under Section 3 (f) of this Act, means which is in
interest of public at large such as:
 town or rural planning
 Corporation owned or controlled by State
 Residential purpose to accommodate people affected by any scheme of the
government, or natural calamity, or who are poor and landless.
 This is an inclusive list and not exclusive.

11. PROCESSOF REQUISITION
Possession
Acquisition of Award
Declaration of Requirement
Hearing and Report
Objections to Collector
Survey and Analysis
Preliminary Notification

12. DRAWBACKS OF 1894 ACT
 The term “public purpose” was ambiguous and open to Government’s discretion
 Land could be acquired forcibly.
 They were given no voice in decision making.
 Government was free to decide how much money to pay while acquiring private
land.
 No such restrictions on fertile land
 If project did not start, then acquired land was secretly sold/leased to private
players at sky-high prices.

13. NEEDED ACHANGE…

14. Land Acquisition and Rehabilitation and
Resettlement Bill (LARR) Act, 2013

15. Rehabilitation
&
Resettlement
Land
Acquisition
Land Acquisition
And
Rehabilitation &
Resettlement
WHY… ??

16. SALIENT FEATURES OF LARR - 2013
 Social impact assessment (SIA) even need to obtain consent of the affected
people, labourers, share-croppers, tenant farmers, fishermen, small traders, etc.
whose (sustainable) livelihood will be affected because of the given project.
 Compensation proportion to market rates.
4 times the market rate in rural area.
2 times in urban area.
Affected artisans, small traders, fishermen etc. will be given one-time payment, even
if they don’t own any land.
 If project doesn’t start in 5 years, land has to be returned to the original owner.

17. SALIENT FEATURES OF LARR - 2013
To ensure food security:
1. Fertile, irrigated, multi-cropped farmland can be acquired only in last resort.
2. If such fertile land is acquired, then Government will have to develop equal size
of wasteland for agriculture purpose.
 Clearly defines various types of “public purpose” projects for which, Government
can acquire private land.
 Land Acquire only when
o For private project, 80% affected families must agree.
o For PPP project, 70% affected families must agree.

18. Govt.
Acquires For
Own Use
Ultimate Aim
To Transfer To
Private/PPP –
Public
Purpose
Immediate
Use Of Private
– Public
Purpose
80% Projects Affected Families Give Prior
Consent
ACQUISITION

19. Rails,
Highway,
Ports,
Irrigations
Defense
Project
Affected
People
Plan
Developmen
t
Govt.
Administrat
ed
Institution
Natural
Calamities
PUBLIC
PURPOSE

20. Acquired By Govt
For Itself For
Other Purpose
Public Sector
Companies
PPP / Private
Projects For
Public Services
CONSENT

21. PROCESSOF REQUISITION
Possession
R &R Award
Acquisition Of Award
Declaration Of Requirement
Approval From Collector
Preparation Of Draft R&R
Hearing And Report
Objection To Collector
Survey And Analysis
Preliminary Notification
Evaluation Of SIA
Social Impact Assessment

22. Land Acquisition Act, 1894
&
LAAR Act, 2013

23. Comparison b/w 1894 & 2013 Act
ISSUE 1894 ACT 2013 ACT
Public Purpose
Includes Infra Structure
Development, Housing Projects
& Use By Companies under
certain Conditions
Includes
 Strategic project
Infra Projects
Projects for affected families
Project from planned
development
Residential project for the poor.
Consent of land Owners. No Requirements.
Govt acquiring land for Private
companies(80%) & for PPP
(70%)
Social Impact Assessment No Provision Mandatory.

24. Comparison b/w 1894 & 2013 Act
ISSUE 1894 ACT 2013 ACT
Compensation Same as market Value
Market rate in Urban area &
double the rate in Rural area.
Market Value Determined as per circle rates.
Estimated from
 Circle rate.
Sale instances.
Solatium (Compensation for
emotional loss)
30% 100%
Unused Land No provision.
To be returned to land owners if
unused for 5 yrs from the date of
possession.

25. Comparison b/w 1894 & 2013 Act
ISSUE 1894 ACT 2013 ACT
R&R No provision Compulsory.
Lease. No Provision.
Govt can take the land on lease
instead of acquiring it.
Urgency clause.
Acquisition of land without
giving prior notice or token
compensation.
Only in emergency situations
 National Defence
National Security.
National Calamities.
Sharing of profit. No provision.
If the acquired land is unused
and is transferred with in 5yr of
acquisition, 40% of the
appreciated land value will have
to be shared.

26. LAAR (Second Amendment) Bill,
2015

27. WHY.. ??
 1894’s land act was bogus and exploitive. So Congress government enacted new
law in 2013, with provisions for social impact assessment, fair compensation,
dispute settlement and other fancy things.
 LARR-2013 Act became effective from 1st January 2014.
 But, this LARR Act-2013 established an extremely complex and impractical land
acquisition process.
 Litigation: because local (and therefore corruption) Patwari and Tehsildars never
maintain proper land records of who owns how much land.

28.  This raised the land prices, red tapism and thus the overall project cost.
 Neither the farmer could sell its land and move to urban areas, nor the
entrepreneur could buy the land and move towards rural areas.
 Combined with Environment-activism and policy paralysis of UPA regime, the
end result was infrastructure bottleneck, high inflation.
WHY.. ??

29. Defence
Rural Infra
Affordable
Housing
Industrial
Corridor
PPP- Govt
Owns Land
•NO SIA
•NO 80%, 70%
•Multi-Crop
Irrigated land

30. Then (2013)
Now
(Ordinance)
5 Years
5 Years Or
Specified Time
Returnof Land

31. Then (2013)
Now
(Ordinance)
Counted in 5
Years
Not Counted In 5
Years Specified
Time
Time Wasted in Litigation

32. Then (2013)
Now
(Ordinance)
HoD- Assumed
guilty
Prior Sanction
for Prosecution
Offencesby Govt. Servants

33. Lapse of ORDINANCE
 The Ordinance Was Lapsed On August 31, 2015.
 The Ordinance Proposed By Modi Govt. Was Considered To Be Anti Farmer.
 Faced Lot Of Protest By Farmers And Political Parties.
 Political Benefits.
 And so LARR Act-2013 is Applicable .

35. THANK YOU…
From: Team 2 States