SCHOOL OF ARCHITECTURE,

DR. K.N. MODI UNIVERSITY,

NEWAI, RAJASTHAN

DEVELOPMENT AND LEGISLATION

ASSIGNMENT - 2

LAND ACQUISITION
SUBMITTED BY : SHIVANI CHAUHAN / 2016BAR014
SUBMITTED TO : AR. L.P. YADAV SIR
 Five years on, has land
acquisition act fulfilled its aim?
DEFINITION It is not often that the government enacts a law to discourage the very
process the legislation aims to streamline. But the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, (LARR) is not just any piece of legislation. It
Land acquisition is the power of the union or a state deals with a controversial and highly emotive issue that has huge
political implications and replaces a colonial-era law of 1894.
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 Your Logo or Name Here
their rehabilitation and resettlement. 2
HISTORY

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LAND ACQUISITION ACT-1894
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.

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WHEN APPLICABLE OR REQUIRED ?
• Whenever, it appears to the Government that the land is required for
a) Public Purpose 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.
• 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.
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PROCESS OF REQUISITION

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DRAWBACKS OF 1894 ACT
The term “public purpose” was ambiguous( i.e. having more than one possible work )
and open to Government’s discretion( the freedom and power to make decisions by
themselves ) .
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.
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LAND ACQUISITION AND REHABILITATION AND
RESETTLEMENT BILL (LARR) ACT, 2013

NEEDED A CHANGE

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SALIENT FEATURES OF LARR - 2013
• Social impact assessment (SIA is a methodology to review the social effects of infrastructure projects and other development
interventions.) 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.
• To ensure food security:
1. Fertile, irrigated, multi-cropped farmland can be acquired only in last resort when all else has failed.
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
1. For private project, 80% affected families must agree.
2. For PPP( Public-Private Partnership ) project, 70% affected families must agree.

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METHODOLOGY

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CONSENT

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PROCESS OF REQUISITION

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COMPARISON

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COMPARISON

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LAAR (SECOND AMENDMENT) BILL, 2015
- NEED ?
•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.
• 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.
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 OFFENCES BY TIME WASTED IN
GOVT. SERVANTS LITIGATION

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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 .

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SALIENT FEATURES OF LARR- 2013

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PROBLEMS BEFORE “THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 (LARR)
•Lack of Transparency,
•Supreme Authority with Government Official (Collector),
•Inadequate Compensation,
•Lack of Rehabilitation and
•Resettlement provisions Impact of the Act:
a) Corruption,
b) exploitation of farmers and
c) increase in poverty.
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THE BASIC PROBLEM FACED BY FARMERS DURING REHABILITATION

Changing Water Longer New Industrial

Climate Shortages Winters Terrain Impact

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 MEETING CHALLENGES IN LAND ACQUISITION FOR
INFRA PROJECTS
India is an agrarian economy with more than half Land acquisition is one of the most The LARR Act was introduced to
of the population living in rural areas challenging aspects in developing an infrastructure bring transparency in the process of land
and depending on agriculture for their income. project in India and has continuously been an acquisition, development of essential
area resulting into severe delay in executing infrastructural facilities, urbanization with the least
However, since the economic liberalization in the these projects. As per a recent report submitted disturbance to the land owners and provide just
year 1991, India’s focus has mostly driven to the in the Parliament in December 2018, more and fair compensation to the affected families and
development of other sectors which has paved than 435 infrastructure projects have been make adequate provisions for their
way for the country’s remarkable economic delayed due to delay in getting timely possession rehabilitation and resettlement. The Act brought
development making India the 6th largest of the land acquired by the government and into effect provisions for resettling and
economy in the world. In the past decade, the delay in getting required regulatory approvals. rehabilitating the families displaced by land
government’s attention has been shifted The government’s commitment in providing for acquisition, making the process more public
to enhancing the Infrastructure Sector as it is one an easy and timely possession of land can be participative with the people, who’s lands are
of the key drivers responsible for India’s seen in the effort made by it, by enacting the being acquired were given an equal say in the
propelling economic growth. Right to Fair Compensation and Transparency in acquisition process, thus ending the forcible
Land Acquisition, Rehabilitation and Resettlement acquisition of land done by the government
Infrastructure development in India has been at Act, 2013 (LARR Act) which replaced the 120 year authorities.
the peak due to various governmental old colonial statute, the Land Acquisition Act,
policies which has tremendously invited a lot of 1894. However, higher compensation, consent of
foreign direct investments in the country. However, affected families, comprehensive rehabilitation and
the sector is still faced with a lot of challenges resettlement, return of unused land, etc under the
and land acquisition being a major roadblock to LARR Act has led to increase in the cost of land
the development of infrastructure sector. acquisition and has made the whole process of
acquiring land more cumbersome.

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SOURCE : http://www.conventuslaw.com/

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 CONCLUSION :
ACTIONS SHOULD BE TAKEN BY GOVERNMENT FOR THE SOLUTION
There is a need to make the process of land acquisition smooth in Another aspect that the government should consider is that before
order to balance industrial and infrastructural development with sanctioning or announcing an infrastructure project, it should
the requirements of the landowners and occupants. It must be
realized that private participation is unavoidable to achieve India’s previously acquire the required land and then give assent for the
desired level of development. There is a need to relax policies to project, which will prevent the economic loss usually borne by the
encourage PPP and private projects. The Government should companies and also save government from the strain of any
introduce certain other legislation and procedural changes to
facilitate ease of infrastructural development. Expansion of roads protest being carried out by the land owners while the acquiring the
and highways can be carried on in a phased manner by first land. The initiative for addressing the core issue relating to land
acquiring land to develop two or three way lane projects and acquisition has to be dealt by both the government and the
multiplying them with increase in traffic. The land acquisitions court which should act in an expeditious manner while dealing with
should be considered on a case to case basis and Social Impact
Assessment under the LARR Act can be avoided where the land matter pertaining to any conflict regarding the acquisition of land. It
has no worth and is lying idle. Also, the compensation should be is also vital to understand that such changes are on-going,
such that it is beneficial to both the seller and the buyer, and terms small steps in the right direction can have substantial and
of the purchase should be reciprocally agreed upon between both
the parties. The land to be acquired from the land owners can progressive effects towards overcoming barriers to land acquisition.
also be acquired either on a long lease as provided under section
104 of the LARR Act or in the method of equity for the proposed
project. In both the cases ownership of the land would remain with
the original land owner which will provide a steady income for the
affected families.
© Conventus Law 2020 All Rights Reserved.
SOURCE : http://www.conventuslaw.com/

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