LAND ACQUISITION

LAND ACQUISITION Responsibilities of the Government

Land AcquisitionAcquisition of land for some public purpose by a government agency from individual landowners, as authorized by the law, after paying a government-fixed compensation to cover losses incurred by landowners from surrendering their land to the concerned government agency.

LARR ACT 2013

Regulation 1 Of Land Acquisition

Enacted by- British governmentYear 1824Application throughout the whole of Bengal provinces.In 1950 this act was extended to Calcutta.

All the previous enactments relating to acquisition and its objects were repealed and was further replaced by land acquisition of 1894.

The above was created with the purpose of facilitating acquisition by the government of privately held land for public purposes.

Public purpose, refers to acquisition of land for constructing educational institutions or schemes such as housing, health or slum clearance as well as for projects concerned with rural planning or formation of sites.

Government refers to state and central government.Procedure for land acquisitionInvestigationObjection and confirmationClaim and awardReference to courtApportionment

Authorities And Agencies InvolvedUnion Government.State Government.Public authorities/agencies.Companies like Reliance, Tata.

Rehabilitation And ResettlementAn additional subsistence allowance of rs 36000 for 1st year.An additional entitlement of a job to the family member or payment of Rs 500000 or a monthly annuity totaling Rs 24000 for 20 years.An additional upfront compensation of rs 50000 for transportation.An additional upfront resettlement allowance of rs 50000.If the land owner loses a home in a rural area, than additional entitlement of a house with no less than 50 sq meters in plinth area.If the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families.if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired.

Applicability of actThe Act is applicable when:Government acquires land for its own use, hold and control, including land for Public sector undertakings.Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects.Government acquires land for immediate and declared use by private companies for public purpose.The provisions of the Act does not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.

Aims and objectivesTo ensure in consultation with institutions of local self government and Gram Sabhas.Provide just and fair compensation to the affected families.Make adequate provisions for such affected persons.Purpose And Scope Of The Act

The Act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in India.

SCOPE- . The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir.

Role of the Government RehabilitationResettlementCompensationEntitlementRegularisationCompensationFor Land OwnersFor Scheduled TribesFor Losing LivelihoodsResettlement and InfrastructureLimit on AcquisitionThe act forbids land acquisition when such acquisitions would include multi-crop imigated area. However such acquisitions may be permitted on demonstrable last resort which will be subjected to an aggregated upper limit. In other type of agricultural land the total acquisition shall not exceed the limit for all the project in a district or state as notified by the appropriate.Land Acquisition ActEffects BenefitsCriticism

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