Common mistakes done by UPSC aspirants and how to avoid those mistakes. Preeti Jain Das, Social Impact Assessments Under The RFCTLARR Act, 2013: A Critical Analysis' (2018) 15 Journal of Resources, Energy and Development Arnold Sangma and R. Dhivya, 'A Comparative Study On The Land Acquisition Act, 1894 & 2013' (2018) 120 International Journal of Pure and Applied Mathematics. Land Acquisition Rehabilitation and Resettlement Act, 2013 1 Gopal K Agarwal Member National Executive BJP Land Acquisition Issue Committee gopal.agarwal@bjp.org An analysis of the Land Acquisition Act, 1894 and its interpretation by the courts shows that the holder or tenant of the land has suffered in major ways. However the new bill has removed this clause. Govt can take the land on lease instead of acquiring it. Defense, infrastructure, industry, tourism, sports, and health can, in fact, encompass all purposes. LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. LARR act 2013 was applicable to the private companies as defines in the companies’ act 1956 or under the Societies Registration Act, 1860. National Calamities. Whereas il is expedient 10 amend the law for Public Purpose and Consen t The 2013 Act requires consent of 70%of the land owners in case of Public Private Partnership (PPP) Project(land acquisition for Jewar Airport in Greater Noida is an instance) and 80% of land owners in case of private entities. The Ordinance also makes the process of acquisition simple. LARR seeks to replace Land Acquisition Act of 1894 and bring the much-needed clarity on issues of land acquisition, rehabilitation and resettlement. It will adversely affect the growth of Indian economy by significantly raising the costs of projects, making them economically unviable. Way forward Need for a series of committees. Land acquisition is the power of the union or a state government in India to acquire private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and to compensate the affected land owners for their rehabilitation and resettlement. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act It is considered the biggest reform in land governance. (2) It extends to the whole of India except l [the State of Jammu and Kashmir] Section 4 outlines the major features of the LARR Act, 2013, while Sections 5, 6 and 7 undertake a Companies Act, 2013: A Critical Analysis On 7th December 2016 the Ministry of Corporate Affairs notified 90 sections of the Companies Act, 2013 and these were made effective from 15th December, 2016. THE LAND ACQUISITION ACT, 1894 IAct no. Mizoram Rejects Proposed Forest Act Amendment. Short title, extent and commencement- (l) This Act may be called he Land Acquisition Act, 1894. SHE has been Teaching in Delhi University for the last 4 Years. + 91 9582868080 Why does the government need to acquire land for private companies as well as public-private partnership projects? No safeguards: There was no real appeal mechanism to stop the process of the acquisition. But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (LARR) is not just any piece of legislation. Article 20 in the Rwandan land Act spells out the need to augment levels of productivity in agri-culture through introduction of land use consolidation (GoR, 2004). Why was a referral to a larger Bench made? In May 2014, as the Bhartiya Janata Party-led National Democratic Alliance came to power, riding high on its development-driven agenda, it sought to bring about immediate reforms in land acquisition … Establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. The research is undertaken to explore the legal dimensions of land acquisition and comparative study of the past LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. (Economics Hons.) Site designed and maintained by. Urgency clause. … ISSN : 2231-5780. Further if a claim in engulfed/revived by Act of Parliament, [24(2) claimants who have not received compensation prior to 5 year] it cannot be taken away. When the Act defines the public purpose, it embraces wide ranging areas. The 2013 act facilitated land acquisition by private companies, which the 2015 bill has changed to “private entities." View Land Acquisition Act India Research Papers on Academia.edu for free. Soon after it was enacted on January 1, 2014. The clause never truly defines what constitutes an urgent need and leaves it to the discretion of the acquiring authority. 205) The amendments made by the states are in violation of Article 21, which guarantees the right to live with dignity and personal liberty. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir Shortcomings of Land Acquisition Act. support@jvias.com, For business queries: Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. Before that in 2013, land acquisition in India was governed by Land Acquisition Act of 1894. Provisions as important as social impact assessment and consent are required in the smallest projects but are not required for projects under these 13 enactments that acquire huge chunks of land. Commissioner Rehabilitation & Resettlement (R&R) has been given the responsibility of the social impact assessment unit in Karnataka, Rajasthan, Andhra Pradesh, Chhattisgarh, Jharkhand, and Kerala, thus creating a conflict of interest. As a result, almost all acquisitions under the Act invoke the urgency clause. However, it is widely believed that this Act, in its current form, has actually exacerbated problems instead of solving them. The five-year development plan for people belonging to Scheduled Castes and Scheduled Tribes returns the rights due to people who lose their land, but a big drawback is that the Act does not specify that a monitoring body should watch its implementation. But in some states government officials are part of such bodies. If project doesn’t start in 5 years, land has to be returned to the original owner or the land bank. The 2013 Land Acquisition Act on substantial issues has remedied the shortcomings in the 1894 Act, but has complicated the process of acquisition, … A Division Bench of Justices S Manikumar and Subramonium Prasad declared Section 105A of the 2013 Land Acquisition Act as unconstitutional, illegal and inoperative. jatinverma@jvias.com, Micro-listing of GS Mains Syllabus UPSC-CSE, 35 days strategy for Spectrum Modern History. While the seven states have more or less adopted the provisions laid down in the Ordinance, 14 states have made minor modifications to RFCTLARR Act. Read the analysis on latest land acquisition judgments and recommendations. These sections also So far, it is unclear if landowners are benefitting from such methods of acquisition. The Amendment Bill was introduced in Parliament on February 24, 2015, and passed in the Lok Sabha. The Land Acquisition Act was enacted in response to the slowdown in economic growth which was, to some extent, attributed to the archaic system of land acquisition laid down in the 1894 Act. ║ For instance, a tourist resort in the dense forests of Karnataka can qualify as serving a public purpose, irrespective of being privately or government-owned. 2013 On 29 August 2013 it was passed in the Lok Sabha, then on 4 September 2013 in the Rajya Sabha and finally received the ascent of the President of India, Pranab Mukherjee on 27 September 2013 to become an Act. Photo: Hindustan Times (Hindustan Times) All you wanted to know about new land acquisition Bill 26 min read. It gives the government complete power to acquire land for any "public purpose" while the courts have virtually adopted a handsoff attitude and allowed all kinds of land acquisitions for private companies. The Central Act of 2013 was brought to give effect to the pre-existing fundamental right to livelihood of citizens. These include railways, national highways, atomic energy, and electricity. Online For instance, in Uttarakhand, the expert group is chaired by the chief development officer. Consent of 70% and 80% of the affected families was required for PPP and private project respectively. Jatin Verma's IAS Academy is an online platform to assist students in pursuing their dream of becoming a civil servant. The analysis shows that this act will neither ensure that farmers are adequately compensated for their lost assets, nor guarantee that a scarce resource like land will be put to its most productive use. As per the land pooling model, for every acre (0.4 hectares) given for development projects, the landowner will get 1,000 square yards of developed residential plot and 450 square yards of developed commercial plots. All rights reserved. Last page : Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act (Land Acquisition Act), 2013 Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Since in land acquisition the provisions of state contracts u/art299 are in No Provision. The government can proceed with the acquisition process even if the recommendations suggest otherwise. The Government of India believed that a combined law … THE LAND ACQUISITION ACT, 1894 (Act No.1 of 1894) PART I-PRELIMINARY 1. I could not find the information I needed. as per the central Act, 70 percent consent of landowners was necessary for Public-Private Participation (PPP) projects but the state amendments have removed the consent clause. The Government of India believed there was a heightened public concern on land acquisition issues in India. Farmers have voluntarily offered 13,354 hectares to the Andhra Pradesh Capital Region Development Authority. We are dedicated to acquaint aspirants to the contemporary pattern of UPSC CSE and provide them with personalised mentorship as well as knowledge base enrichment. Govt can take the land on lease instead of acquiring it. Limitations: The Central Act of 2013 was brought to give effect to pre-existing fundamental right to livelihood of citizens. It ensures that livelihood will not be taken away unless (i) it is in public interest and that is seen by a social impact assessment (ii) The affected citizens are given rehabilitation. Of particular concern was that despite many amendments, over the years, to India’sLand Acquisition Act of 1894, there was an absence of a cohesive national law that addressed fair compensation when private land is acquired for public use, and fair rehabilitation of land owners and those directly affected from loss of livelihoods. This paper also analyzes the impact of this act on industrialization and urbanization which is crucial for economic development. ( You are not logged in. Read the reforms of Land Acquisition act and constitutional provisions. Objective:Critical study of the acquisition of land for development purpose & right to livelihood. from Lady Shri Ram College. No Provision. What is the impact of small changes done by the states? The Expert Group shall include two non-official social scientists;two representatives of Panchayat/Gram Sabha./MuniciPality or Municipal Corporation, two experts on rehabilitation and a technical expert in the subject relating to the project. Act, 2013. Top 50 Most Important Topics For GEOGRAPHY. A critical analysis of the new Land Acquisition Act: “The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013” Author(s): Naveen Ahlawat Abstract: “Land acquisition refers to the process where a government acquires land from land owners for any purpose. Lease. The tension between those who would regard land The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 Until 2013, land acquisition was governed by colonial-era legislation – the Land Acquisition Act of 1894. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. Critical analysis of the Right to Fair Compensation and Transparency in Land Acquisition act, Rehabilitation, and Resettlement Act, or RFCTLARR Act. By delaying the process of acquisition, the Act, unfortunately, does not strike a good balance. Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013… In comparison to the old act and the new act we have observed that the 1894 act primary purpose was for acquisition of land while the act of 2013 main principle was for the The Right to Fair Compensation and Transparency in 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 persons in India. Title of private ‘company’ changed to private ‘entity. 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