The document discusses India's Land Acquisition, Rehabilitation and Resettlement Act of 2013 and proposed amendments. It provides background on the original 1894 land acquisition law and need for reform. Key points of LARR 2013 included exemptions from consent requirements, levels of consent needed for public-private partnerships and private projects, and compensation rules. Proposed amendments in 2014 and 2015 aimed to address implementation issues with social impact assessments and consent clauses slowing projects. The document outlines debate around the proposals and suggests the party effectively communicate the need for farmers' alternative livelihoods through infrastructure development.
Land Acquisition is one of the most important activities when we have to start a Project, but we don't yet have an Act satisfying all sections of Society and implementable without affecting the viability of the Project
A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected
Maharashtra regional town planning act (1966)Pratham Pincha
Study of Maharashtra Regional Town Planning Act 1966 as a part of Urban Development Planning Studio 2014, Masters in Planning, CEPT University, Ahmedabad
Land Acquisition is one of the most important activities when we have to start a Project, but we don't yet have an Act satisfying all sections of Society and implementable without affecting the viability of the Project
A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected
Maharashtra regional town planning act (1966)Pratham Pincha
Study of Maharashtra Regional Town Planning Act 1966 as a part of Urban Development Planning Studio 2014, Masters in Planning, CEPT University, Ahmedabad
3.2 Maharashtra regional town planning actSachin PatiL
Development control rules,
Maharashtra Regional Town Planning Act,
Land acquisition act,
Village planning: Necessity and principles,
Rural developments- Growth
centre approach, Area Development approach, Integrated rural development
approach.
Urban Planning & Development Act, 1973Aman Kudesia
Housing & Urban Planning Department Uttar Pradesh
Urban Planning Act
Power of Authority, State Government & Court
Master Plan, Zonal Development Plan
Land Acquisition & Disposal of Land
Uttar Pradesh Urban Planning and Development Act- 1973Ar Vikram Singh
all about the Uttar Pradesh Urban Planning and Development Act- 1973, in a form of questions and answers
after going through this you will get the detail knowledge of this act.
DDA - Delhi Development Authority instigated operations in 1957 under the Delhi Development Act for a well-planned, orderly and swift development of Delhi into a capital city in its true sense. The biggest challenge in front of the Ministry of Urban Development Delhi has always been to provide adequate residential and commercial infrastructure facilities to over 11 million people in the city.
Activities OF DDA :
DDA Master Plans
DDA Housing
DDA Land Development
DDA Commercial Properties
DDA Sports Complexes etc.
TDR - CASE STUDIES OF MUMBAI CHENNAI BANGALORE
TRANSFERABLE DEVELOPMENT RIGHTS
Transferable Development Rights or TDR can be considered as an important raw material in the real estate industry as it allows the developer to build over and above the permissible Floor Space Index (FSI) under the prevalent rules of the respective locations.
3.2 Maharashtra regional town planning actSachin PatiL
Development control rules,
Maharashtra Regional Town Planning Act,
Land acquisition act,
Village planning: Necessity and principles,
Rural developments- Growth
centre approach, Area Development approach, Integrated rural development
approach.
Urban Planning & Development Act, 1973Aman Kudesia
Housing & Urban Planning Department Uttar Pradesh
Urban Planning Act
Power of Authority, State Government & Court
Master Plan, Zonal Development Plan
Land Acquisition & Disposal of Land
Uttar Pradesh Urban Planning and Development Act- 1973Ar Vikram Singh
all about the Uttar Pradesh Urban Planning and Development Act- 1973, in a form of questions and answers
after going through this you will get the detail knowledge of this act.
DDA - Delhi Development Authority instigated operations in 1957 under the Delhi Development Act for a well-planned, orderly and swift development of Delhi into a capital city in its true sense. The biggest challenge in front of the Ministry of Urban Development Delhi has always been to provide adequate residential and commercial infrastructure facilities to over 11 million people in the city.
Activities OF DDA :
DDA Master Plans
DDA Housing
DDA Land Development
DDA Commercial Properties
DDA Sports Complexes etc.
TDR - CASE STUDIES OF MUMBAI CHENNAI BANGALORE
TRANSFERABLE DEVELOPMENT RIGHTS
Transferable Development Rights or TDR can be considered as an important raw material in the real estate industry as it allows the developer to build over and above the permissible Floor Space Index (FSI) under the prevalent rules of the respective locations.
The presentation was from the Business as Mutual conference held at Anglia Ruskin University on 12th September 2012. To find out more visit www.businessasmutual.co.uk
Land Acquisition and government intervention, challenges, facts, clauses and Comparative Analysis Of Clauses Pertaining To Land Acquisition As Per 2013 Act & 2015.
Land Acquisition Acts vs Farmers in India - Challenges faced by the farmers of India by the government's law pooling policies and big private investors.
Land acquisition for industries should not be at the cost of national food security and at same the land acquisition act should not become a retardant or hindrance for the development. I suggest a new land acquisition act which is pro farmer, pro industry and pro development, and which leads to faster economic growth.
Land bill not cleared bill needs to modify againkjanand
Land bill-15 is Non practical ,unnatural and non pro of farmer(small bussiness man),non pro to landless people,it is pro to only big bussiness man.It defines agricuture is non development activity.It will make farmer jobless in future.
It is a very dangerous bill not for real benefit to public.
This presentation is from jamesadhikaram.com. James Joseph Adhikarathil, Managing Director and Chief Consultant of jamesadhikaram land matter consultancy which offers total solution to your land problems in Kerala, .James joseph Adhikarathil is Certified Trainer of both Government of India ,Certified trainer of Government of Kerala and former Deputy Collector Alappuzha. Visit us at www.jamesadhikaram.com or call mob 9447464502. Our Facebook pages - kerala laws on land , kerala land assignment , michabhoomi , pokkuvaravu , kerala resurvey , kerala land conservancy , kerala building tax , kerala certificates , thanneerthadaniyamam. our email jamesadhikaram@gmail.com
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2. History of LARR, 2013
The Primary Land Acquisition Act was the Land Acquisition Act of 1894.
Non consultative, Non transparent, Low compensation.
Large scale acquisition of land, especially under Special Economic Zone
Act, 2005 led to hue and cry.
No proper grievance redressal mechanism.
Need felt for a more balanced Act.
gopal.agarwal@bjp.org
2
3. Highlights of LARR 2013
Government acquisition in about 12 categories under section 2 (1) of the
Act were exempted from consent and only SIA was required.
Consent of 70% and 80% of the affected families was required for PPP and
private project respectively.
13 Acts under Schedule Four of the Act through which most of the land
acquisition takes place were also exempt from consent as well as SIA.
The compensation under these acts was payable according to 1894 old law
only.
gopal.agarwal@bjp.org
3
4. Ordinance 2014 & LARR
(Amendment) Bill 2015
gopal.agarwal@bjp.org
4
5. Need for the Ordinance/Amendment - 1
As per Section 105 (3) of the LARR Act, the 13 Acts under the Forth
Schedule of the Act were to be brought in line with LARR in matters of
compensation, rehabilitation and resettlement and infrastructure facilities
by 31st December 2014.
All the shortcomings in any Act can not be identified by a theoretical
exercise. It comes to light only after the Act is implemented and after
widespread consultation with stake holders and the implementing agency
gopal.agarwal@bjp.org
5
6. Need for the Ordinance/Amendment – 2
Feedback to Department of Land Revenue (Ministry of Rural
Development):
Some provisions like Social Impact Assessment & 70-80% consent clause
from affected families, were making the implementation of the Act difficult.
Conference of State Revenue Ministers was organized in Vigyan Bhavan on
27th June, 2014.
Consultations with Secretaries and officers of concerned ministries
administering the Acts mentioned in the Fourth Schedule of the Act were
held on 21.10.2014.
gopal.agarwal@bjp.org
6
7. Need for the Ordinance/Amendment – 3
More than 70% of the country's population is dependent on agriculture
which contributes only about 15% in the Gross Domestic Production
(GDP).
The solution is to reduce the dependence of 70% of the population on
agriculture by providing them alternative means of gainful employment and
increase the contribution of agriculture sector in the GDP.
For this setting up of cottage, small and village industries in the rural areas
is required along with development of infrastructure facilities.
gopal.agarwal@bjp.org
7
8. Conclusion
Necessary to bring changes in the Act, while safeguarding the interest of
the farmers and affected families in cases of land acquisition.
Procedural difficulties in SIA & consent were to be mitigated.
To bring more activities under the preview of exemption of consent.
gopal.agarwal@bjp.org
8
9. Effects of Ordinance/ Amendment - 1
1. Provisions relating to consent, Social Impact Assessment (SIA) and Food
Security not to apply to following additional five categories of projects:
(a) defence; or defence production
(b) rural infrastructure including electrification;
(c) affordable housing and housing for the poor people;
(d) industrial corridors; and
(e) infrastructure and social infrastructure projects including projects under
public private partnership where the ownership of land continues to vest
with the Government.
gopal.agarwal@bjp.org
9
10. The duration of the trial period has been removed from the calculation of
five years u/s section 24.
Prosecution under the Act against the head of the department to be with in
the provision of Section 197 of IPC only.
Unused acquired land to revert back to farmers only after ‘a period
specified for setting up of any project or for five years, whichever is later’.
(Section 101).
13 Acts listed in the Fourth Schedule of the Act brought under provisions
related to LARR 2013 for compensation, resettlement and rehabilitation.
gopal.agarwal@bjp.org
10
Effects of Ordinance/ Amendment - 2
11. BJP President set up committee on the Proposed
Amendments
Eight member Committee constituted under Shri Satpal Malik to get
feedback from the farmers.
The Committee met representative of about 200 Farmer Organizations and
around thousand individuals from all over the country over a period. It also
received representation through email and post which were analyzed and
report for suggestive amendments was submitted to the party President on
4th March 2015.
gopal.agarwal@bjp.org
11
13. OBJECTIONS - Issues
Acquisition of Fertile Land.
Exemption from Social Impact Assessment for certain categories.
Inclusion of ‘private hospitals’ and ‘private educational institutions’ in
‘public purpose’.
Extension of period after which unused acquired land was to revert back to
farmers.
No grievance redressal mechanism at the local level for long pending
disputes under the Act.
State government not paying compensation as provided in LARR Act 2013
but based on a different formula.
gopal.agarwal@bjp.org
13
14. Demand
Assessment and identification for compensation of project affected families.
Land losing person /family be provided with some alternative permanent
employment as land in majority of cases is the only source of employment.
Land more than what was actually required for projects like roads, railways
not to be acquired.
Additional compensation on installments in future also.
gopal.agarwal@bjp.org
14
15. Overall Feedback
A large number of suggestions from individual maintained that the farmer
are not against land acquisition per say but wanted some more changes in
amendments.
The Government and the Party need to effectively communicate the need
for amendments with the public.
gopal.agarwal@bjp.org
15
16. LARR Amendment Bill, 2015 – Modified in Lok Sabha
Removes ‘social infrastructure’ from the five exempted categories.
Restricting acquisition for Industrial Corridors to one one Km on both
sides of designated roads and railways only.
Removes private hospitals and private educational institutions from ‘Public
Purpose’.
Before acquisition government to ensure that the extent of land to be
acquired is kept at minimum.
Compulsory employment to one member of project affected family of farm
labours.
LARR Authority to setup District Tribunals and hold hearing at the local
level.
gopal.agarwal@bjp.org
16
17. PM’s ‘Mann Ki Baat’– Main Points on LARR
Farmers’ interest sacrosanct, to be kept above everything else.
Open to further amendments.
Opposition indulging in misleading campaign.
Consent was not required for many government projects under the 2013 Act
as well.
Most of the check provided under SIA like acquisition of minimum land
requirement, gainful employment to family member of farm laborers, land
bank for arid and barren land etc. have been incorporated in the main Act.
gopal.agarwal@bjp.org
17
18. PM’s ‘Mann Ki Baat’– Main Points on LARR
All member of farmer family cannot be gainfully employed on limited
farmland therefore alternative source of employment required for which land
is required in rural areas.
Not a single provision relating to land acquisition for Corporates has been
changed.
Only provisions that came in the way of land acquisition for development of
farms, farmers, and farmers family have been amended.
Clarification on compensation in the form of 20% of developed land also.
gopal.agarwal@bjp.org
18
19. Position of Corporate Sector
Corporate Sector is interested in direct negotiation and purchase of land
from farmers. It is more comfortable that the State Governments records
the purchase and gives permission to their project through Change in Land
Use (CLU).
State Governments are also comfortable with this approach.
The above process is not in favor of farmers. Farmers can get better and
higher compensation under the amended Land Acquisition Bill only.
gopal.agarwal@bjp.org
19
20. Suggested Way Ahead For The Party - 1
The ordinance and amendment is more of a battle of perception.
Need to engage with the farmers and explain the provision in detail.
Only the difficulties and shortcomings of LARR 2013, experienced from
ground level implementation, have been sought to be removed/ironed out :-
a) In effective terms, only the scope of SIA has been narrowed down and
main safeguard have been retained in the Act.
b) Grievance redressal mechanism has now been made available at the
district level.
c) Only through development activities and building infrastructure in the
villages (for which land is required), the higher value of land is unlocked.
gopal.agarwal@bjp.org
20
21. Suggested Way Ahead For The Party - 2
Land acquisition is in the Concurrent list, so that the State Governments
are free to implement the New Act or not.
Forest Rights Act and Tribal Rights Act protect the rights of tribal people
and their forest land and therefore these are not affected by the provision of
New Act. Their rights are also protected under sections 5 and 6 of the
Constitution.
gopal.agarwal@bjp.org
21
22. Thank You
Gopal K Agarwal
Member
National Executive BJP
Land Acquisition Issue Committee
gopal.agarwal@bjp.org
22