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Table of Content 1. Backgro Background… und………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… …………….. ……..02 02 2. Why new Land acquisition act……………………………………………………..02 . !b"ecti#e of the new land acquisition act…………………………………………0$ $. %o&e i&'ortant highlights of (ew Land )cquisition )ct………………………..0* *. +uris'rudence behind the new land acquisition act……………………………....0,
,. Contra#ening -ro#isions and -roble&atic ssues of the act……………….…….0/ /. Conclusio Conclusion…… n…………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… …………….. ……..10 10 . eferen eferences… ces………… ……………… ……………… ……………… ……………… ……………… …………..… …..………… ……………… ………….1 ….11 1
Background The Right of Fair Compensati Compensation on and Transparency Transparency in Land Acquisitio Acquisition, n, Rehabilitatio Rehabilitation n and Resettlement Act, 201 is an act passed by !ndian "o#ernment in 201$ !t %as passed for the
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purpose of fair compensation in case of land acquisition, as %ell as transparency in rehabilitation and resettlement$ This act has replaced the pre#ious land acquisition act of 1&'($ This act %as passed due to certain lacunas and loopholes in old land acquisition act of 1&'($ !ts footing goes bac) in 200* %hen +A go#ernment introduced Amendment bill, 200* in parliament$ After that land acquisition act, 200' and the rehabilitation and resettlement bill, 200' %as introduced in parliament$ -oth bill lapsed in parliament$ .ational Ad#isory Council after digging into depth of circumstances and issues related to land acquisition decided to recom recomme mend nd a sing single le compr compreh ehen ensi# si#ee legi legisla slati tion on,, i$e$ i$e$
/.at /.atio iona nall e#e e#elo lopm pmen ent, t, Land Land
Acquisition, Resettlement and Rehabilitation Act$, rather than the t%o separate ones, #i$ Land Acquisition 3Amendment4 -ill 200' 3LAA 200'4 and Resettlement and Rehabilitation -ill, 200' 3R5R 200'4$ 1 Thus in furtherance of it the LARR bill, 2011%as introduced in the parliament, %hich %as passed in 201 and became an act$
Why new Land acquisition act 6hen %e loo) to the need of ne% land acquisition acquisition act, %e can find many important important reasons and issues$ 7ome of the main chosen issues and reasons are as follo%ed8
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ue to de#elopmen de#elopmentt of industries and globalisatio globalisation, n, 7pecial 9conomic 9conomic :one etc$ the need for urbanisation and land has increased$ ;n the other hand the land o%ners %hose land has to be acquisitioned by state must be pro#ided %ith fair compensation and, and, resettl resettlemen ementt and rehabi rehabilita litatio tion n arrang arrangeme ements nts$$ Thus Thus requir requireme ement nt of land land is
1 ress Release of .ational Ad#isory Council 3200'4, http8<
=may=2011$pdf
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essential for the economic gro%th and industrialisation, and on the other hand the
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affected people must also not suffer due to such acquisition$ 2 The %ord /public purpose has caused ma?or problem$ 7upreme Court in cases li)e @amuna 9press %ay, 7mt$ 7oma#ati 5 ors$ case etc$ has gi#en %ide meaning to the %ord public purpose$ !n such cases, court has held that acquiring land and gi#ing it to pri#ate company for some pro?ects %hich does not use it for public purpose in true manner is #alid$ Thus such loose interpretation and lac) of clear guidelines is also one
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of the main reasons for ne% land acquisition$ The old act had nothing for resettlement and rehabilitation in case of eminent domain acquisition by state or acquisition for pri#ate company for the operation related to public purpose$ The affected people faces great problem regarding it although
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compensation is pro#ided to them$ re#iously the compensation deciding authority %as collector$ The compensation paid %as to be calculated on the basis of local mar)et #alue$ -ut detail procedure for the calculation of the compensation and any other guidelines %ere not there$ !n certain
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cases the land o%ner %ere fooled$ ( ;ld act didnBt contain pro#ision for consent from land o%ner %hose land go#ernment plans to seie$ ue to lac) of such pro#isions incidents li)e .andigram too) place, %here for the setup of 79: 37pecial 9conomic :one4 go#ernment decided to seie the land of the farmers and sudden notice %as gi#en to them$ >
2 T9 RAFT .AT!;.AL LA. ACD+!7!T!;. A. R9A-!L!TAT!;. 5 R979TTL9E9.T -!LL, 2011
3 Eihir esai 320114 (, /Land Acquisition La% and roposed Changes, 9conomic 5 olitical 6ee)l 6e e)ly, y, 2G2*, 2G2 *, p$'>G100
4 LA. ACD+!7!T!;. ACT,1&'( 5 http8<<%%%$li#emint$com<olitics&+)Hc)ctH&+)Hc)ctH
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;ne ma?or problem in old act %as section 1*, %hich tal)s about urgency clause$ This urgency clause has highly been misused by the pri#ate companies and the state$ There is no better eample than .andigram incident$
!b"ecti#e of the new land acquisition act The ob?ecti#e of the /The / The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201, can be obtained from the act and the national draft LARR bill 2011$ The follo%ing ob?ecti#e can be construed from the act and national draft LARR bill 20118 20118
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First ob?ecti#e of the act is to define and guide such process %ith the consultation %ith local selfGgo#ernment and "ram 7abha for the land acquisition, %hich is transparent, info inform rmati ati#e #e and and parti partici cipa pati ti#e #e 5 the ob?ec ob?ecti ti#e #e of such such land land acqu acquisi isiti tion on is for for de#elo de#elopme pment nt of essenti essential al infrast infrastruc ructur turee and urbani urbanisati sation, on, %hich %hich is necessa necessary ry for public purpose$
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7econd ob?ecti#e is to ensure and ma)e such arrangements that the land o%ners %hose land is to be acquired are getting ?ust and fair compensation ta)ing into consideration all the economic and social circumstances$ And to ensure proper process and guideline for the same$
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6hen a land is acquired apart from land o%ners some other families %hich are directly or indirectly dependent on that land also suffer$ Third ma?or ob?ecti#e %hich %as not in old land acquisition act is rehabilitation and resettlement of the affected land o%ners and families$
C;E9.7AT!;. A. TRA.7AR9.C@ !. LA. ACD+!7!T!;., R 9A-!L!TAT!;. 6 T9 R !"T !"T ;F FA!R C 9A-!L!TAT!;. A. R 979TTL9E9.T 979TTL9E9.T ACT, 201I
T9 RAFT .AT!;.AL .AT!;.AL LA. ACD+!7!T!;. A. R9A-!L!TAT!;. 5 R979TTL9E9.T -!LL, 2011 AHA!LA-L9 at http8<
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The first ob?ecti#e someho% incorporates economic approach of ?urisprudence$ And other t%o ob?ecti#es tend to incorporate sociological school of ?urisprudence$ The ?urisprudence of the act %ill be discussed in further part of this %rite up$
%o&e i&'ortant i&'or tant highlight hi ghlightss of (ew Land La nd )cquisition )ct /
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.e% Land Acquisition Act gi#es a %ider and clearer eplanation of the purpose for %hich land can be acquired as compared to pre#ious act$ !t also elaborates %hich industrial pro?ects this act co#ers$ 37ection 1 and 7ection 23l44
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+nli)e old act, the ne% act ma)es it compulsory to acquire the consent of the affected people and land o%ners 37ection 23b44$ For the purpose of accessing consent the 7ocial !mpact Assessment 7tudy has been incorporated in section ($
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!t increases the time period of notice to be gi#en in urgency clause from 1> to 0 days$ Apart from it, it pro#ides pro#isions for sharing of profit in case acquired land is transferred and in case of resale of land prior permission of go#ernment is must$
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;ne of the important and must require pro#ision incorporated is rehabilitation and resettlement arrangements for the affected people$
+uris'rudence behind the new land acquisition act First ob?ecti#e of the act focuses on the de#elopment of industries and infrastructure of the country by acquiring the lands of general public$ This ob?ecti#e of industrialisation and
7 T9 R!"T ;F FA!R C;E9.7AT!;. A. TRA.7AR9.C@ !. L A. ACD+!7!T!;., R 9A-!L!TAT!;. 9A-!L!TAT!;. A. R 979TTL9E9.T 979TTL9E9.T ACT, 201I
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infrastructure leads to economic de#elopment of the country, and other ob?ecti#es are flo% from it and are there to reduce the effect of it$ Further the ob?ecti#e tal)s about acquisition of land for the public purpose$ ublic purpose in %ide sense includes public %elfare and has a %ide ambit$ As said by the Ape Court in e# 7haran #$ 7tate of +ttar radesh &, the public purpose in case of land acquisition should be #ie%ed in an angle consistent %ith the concept of %elfare state$ 6elfare state tal)s about interest of society and general public$ 7ocial 9ngineering concept gi#en by Rosco ound %hich focuses on construction construction of efficient efficient society %hich satisfies the %ants of all present present in society fits this act$'e tal)ed about three interests, #i$ pri#ate, public and social interest$ The gi#en act pro#ides compensation to all the affected families, thus protecting their pri#ate interests$ Rehabilitation and resettlement tends to ma)e change in the social and economic condition of the affected families$ As their source of earning and shelter are acquired by the go#ernment$ -ecause -ecause of this this change change in social social and economic economic condit condition ionss of affect affected ed families families,, the act pro#ides the rehabilitation and resettlement arrangement to them$ 6hile 6hile defi defini ning ng the the ob?ec ob?ecti ti#e #e of the the acts acts in the the gi#e gi#en n %rite %rite up, up, it %as %as ment mentio ione ned d that that ?urisprudence behind this act is related to economic approach and sociological approach$ .o% after detail and elucidate discussion of the ob?ecti#e, it can be concluded that the act adopts economic and sociological approach$
Contra#ening -ro#isions and -roble&atic ssues of the act
8 2011 ( 7CC *' 9 V.D.MAHAJAN, JURISPRUDENCE & LEGAL THER!,"5 TH ED.,2#12$
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The gi#en act primarily is ob?ected at land acquisition for the public purpose$ The ne% has %idened the scope of the term /public purpose$ 37ection 23l44 This %idened scope co#ers a large array of pro?ects$ Thus the probability of misusing has increased due to %idening in scope of /public purpose$ 10 This probability of misusing %ill defeat the #ery purpose of economic de#elopment through industrialisation$ The ma?or change is related to acquisition by pri#ate companies$ !n the ne% act certain requirements %hich are needed in case of acquisition by pri#ate company$ The ne% act requires consent of &0J in case of pri#ate company and *0J in case of public company of affected families$ For this it has gi#en 7!A assessment technique$ -ut the gi#en act fails to define at certain pints of 7!A assessment for eample ho% 7!A %ould be conducted and by %hich authority or body$ -ecause of it the pri#ate companies can use different inappropriate means for acquiring consent$ -ut the gi#en act does not require consent of affected families, in case the land is acquired by the go#ernment in certain cases as gi#en in section 23l4 public purpose clause$ cl ause$ .o% the gi#en clause c lause is in contra#ention of the ob?ecti#e %hich tal)s about participati#e, informati#e and transparency in land acquisition$11 ;ne of the ma?or pro#isions incorporated in ne% land acquisition act is /Rehabilitation and Reset Resettl tleme ement nt pro# pro#is isio ion$ n$ ;n the the one one hand hand the the act act is pro# pro#id idin ing g the the reha rehabi bili litat tatio ion n and and resettlement arrangements to the affected people %hich not only include land o%ners but other other affecte affected d familie familiess also$ also$ 7ection 7ection ' says says that that calcula calculatio tion n of the /rehab /rehabili ilitati tation on and resettlement cost should be done in accordance %ith section 2 and 0$ 7ection 2 tal)s about calculation of mar)et #alue of land and section 0 tal)s about /7olatium based on that 1# Supra note at age '' 11 Alphonsa Ko?a, An#iti Chatur#edi, Ayesha Talpade, Eodhuli)a -ose, 7tella Kames ans 7aurabh 320114 , “Of Platitude and Million-Dollar Promises- A Critique of The Land Acquisition, Rehailitation and Resettlement !ill, "#$$, Kournal of !ndia La% and 7ociety, p$2' to
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calculate mar)et #alue under section 2$ o% can rehabilitation and resettlement cost can be calucalated on the basis of mar)et #alue and ho% reasonably it depends on the mar)et #alue The ans%er this question is not there$ Also section (0 gi#es po%er to "o#ernment to seie land in urgency on epiration of 0 days of notice gi#en in section 0, e#en if such a%ards are not gi#en by collector$ This section contradicts the third third ob?ecti#e$ ;ther problematic issue is regarding the compensation pro#isions from 7ection 2 to 7ection 0$ The calculation of compensation is on the basis of the mar)et #alue if any specified in !ndian 7tamp Act, 1&'' regarding the sale of land or a#erage sale price of land in that locality loc ality and nearby$ Although the method for calculation of the compensation is gi#en, but still it is arbitrary as mar)et #alue does not ta)e into account future #alue of the land and price stated in the act may be understated$ 7o the ob?ecti#e of gi#ing ?ust and fair compensation is someho% goes sceptical, although the compensation in rural area is double of mar)et #alue$ 12 Further Further it pro#ides the pro#isions pro#isions for compensatio compensation n and process for calculating calculating it, further further it pro#ides incenti#es for the affecti#e parties to litigate for the compensation gi#en to them$ The tendency tendency to litigat litigatee for compensat compensation ion %ill remain remain same same as the basis basis for deciding deciding compensation has not undergone significant change, although the amount of a%ard is double in rural areas$ The ne% act although replace the AK court %ith LARR Authority in case of compen compensati sation on related related disput disputes, es, but it meres meres transfe transferr burden burden from from AK AK court court to LARR LARR authority %hich is not an appropriation solution to problem of litigation and the resulting %astage of resources$ 1
12 Supra %'( 1# )' P)*( 57. 13 Ram 7ingh 320124 (*, /!nefficiency and Abuse of Compulsory Land AcquisitionG An 9nquiry into For%ard, 9conomic 5 olitical 6ee)ly 6ee)ly,, 1', p$10G1(
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The act does ta)e account the economic loss but it does not ta)e into account the other$ 6hen families are located, apart from economic loss they also suffer from social, psychological and status loss$ -ecause it is not necessary that the compensation and arrangements made for them %ill gi#e same status and %ealth %hich a land could gi#e$ 1(
Further Further 7ection 7ection 10>
eempts land acquired in certain acts from ambit of this act$ The ne% act although has incorporated certain changes has failed to ta)e care of certain aspects and has loopholes$
Conclusion The ne% Land Acquisition Act Act primarily %as enacted for the purpose of filling the gaps of old act and to cop up %ith the problems old land acquisition faced$ !t tends to maintain economic Sociolo*ical Critique of the Compensation 14 Eichael E$ Cernea, %or a &e' (conomics of Resettlement) A Sociolo*ical Principle, 1* !nternational 7ocial 7cience Kournal 1, 32004, http8<<%eb$mit$edu%or)shop%or)shop
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as %ell as social balance in the country, acquiring land for public purpose and at the same time, by gi#ing proper compensation, rehabilitation and resettlement arrangements$ -ut at certain points this act has failed in maintain consistency %ith its ob?ecti#e as discussed in abo#e part$ ;#erall analysis of the act sho% certain loopholes loopholes and gaps %hich can be reason of future problems regarding the ne% act$ !t is duty of the Legislature and the Kudiciary to co#er up these holes, and it must be done in best interest of public$
eferences -oo)s8
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H$$EAAKA., K+R!7R+9.C9 5 L9"AL T9;R@,3>T 9$,20124
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Acts and -ills8
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The The Righ Rightt of Fair Fair Comp Compen ensa sati tion on and and Trans ranspa pare renc ncy y in Land Land Acqui cquisi siti tion on,, Rehabilitation and Resettlement Act, 201
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Land Acquisition Act,1&'(
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The raft .ational Land Acquisition and Rehabilitation 5 Resettlement -ill, 2011 a#ailable at http8<
Articles8
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Eihir esai 320114 320114 (, /Land Acquisitio Acquisition n La% and roposed roposed Changes, Changes, 9co$ 5 ol$ 6ee)ly, 2G2*, p$'>G100
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Alphonsa Ko?a, An#iti Chatur#edi, Ay Ayesha Talpade, Eodhuli)a -ose, 7tella Kames Ka mes and 7aurab 7aurabh h 32011 3201144 , “Of Platitude and Million-Dollar Promises- A Critique of The Land Acquisition, Rehailitation and Resettlement !ill, "#$$, "#$$, Kourna Kournall of !ndian !ndian 7ociety, p$2G, http8<
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Ram 7ingh 320124 (*, /!nefficiency and Abuse of Compulsory Land AcquisitionG An 9nquiry into For%ard, 9conomic 5 olitical 6ee)ly 6ee)ly,, 1', p$10G1(
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Eich Eichae aell E$ Cern Cernea ea 3200 32004 4 nr 1*>, 1*>, %or a &e' (conomics of Resettlement) A Sociolo*ical Critique of the Compensation Principle, Principle , !nternational 7ocial 7cience
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Kournal,p$1,http8<<%eb$mit$edu%or)shop%or)shop
ress Release and .e%spaper8 •
ress Release by .ational Ad#isory Council 3200'4, a#ailable at http8<=may=2011$pdf
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http8<<%%%$li#emint$com<olitics&+)Hc)ctH
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