(1) This Act may be called the Land Acquisition Act, 1894. THE LAND ACQUISITION ACT, 1894. Case laws under the old act are referred to to clarify issues since the provisions are somewhat similar. (a) particulars of lands and immovable properties being acquired of each affected family; (b) livelihoods lost in respect of landless who are primarily dependent on the lands being acquired; (c) a list of public utilities Government buildings, amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; (d) details of any common property resources being acquired. [2 February 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. for public purposes and for Companies. Just wanted a clarification. Gender Discrimination at Workplace and Law Behind, The Right to Adequate Housing Denied: Homeless…, The Lost Right to Compensation of Wrongfully…, To ensure, in consultation with institutions of local self-government and Gram Sabhas a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families, Provide just and fair compensation to the affected families whose land has been acquired or are affected by such acquisition, Make adequate provisions for such affected persons for their rehabilitation and resettlement. the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules; the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector’s taking possession thereof; the damage sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land; the damage sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses incidental to such change; the damage bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector’s taking possession of the land: and. But any loss or injury suffered by any person due to his willful violation of this provision shall not be made up by the Collector. Editor’s note: In India the Government has the power to acquire land for a public purpose. In sum, this 4 March 2020 judgment overturns all previous judgments on the interpretation of Section 24(2) of the 2013 Act. Matters to be provided in the agreement under section 41. persons and replaces the Land Acquisition Act, 1894. For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,–. Matters to be considered by the State Economic Planning Unit, or Committee, etc. Relying on case-law, it established that “or” should be interpreted as a “nor” in this specific statutory context, which is the equivalent of a conjunctive “and”. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandates compensation and entitlements without limit to number of claimants. State amendments Andhra Pradesh 2. This hinged on the correct interpretation of “or”. Section 16 provides for the preparation of Rehabilitation and Resettlement Scheme by the Administrator. It is payment for the intended damage. (a) the area and suitability of land proposed to be acquired; (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report. Upon the publication of the preliminary notification by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner, which shall include–. The Administrator shall, based on the survey and census before, prepare a draft Rehabilitation and Resettlement Scheme, which shall include-. He concluded that the proviso only applies to sub-section (2)(b). The appropriate Government may decide to extend the period of 12 months, if in its opinion circumstances exist justifying the same, which shall be recorded in writing and notified and be uploaded on the website of the authority concerned. He reasoned that when two different terms are used in the same statute, they cannot be given the same meaning, as this would be contrary to legislative intent. Complexities arose out of the fact that the Court had to resolve how the 2013 Act interacts with its repealed predecessor - The Land Acquisition Act, 1894 (‘LA Act’). In case of government takeover, what happens if the land owner does not agree to the market valuation. 2. In case of dispute as to the sufficiency of the amount so paid the officer shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final. Such survey may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to the survey. History 1894 • Land Acquisition Act, 1894 created by the British. However, Justice Mishra authored a 62-page order refusing to do so. [iii], that Court observed that it is duty of Court to determine whenever question is raised whether acquisition is or not for public purpose. 17 Special powers in cases of urgency. 75 at p. 79 (P&H). Under Section 23 the Collector shall proceed to enquire into the objections which any person interested has stated pursuant to a notice given under Section 21 and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of–, (b) the compensation as determined under Section 27 along with Rehabilitation and Resettlement Award as determined under Section 31 and which in his opinion should be allowed for the land; and. Time period during which the same is to be granted is specified as well. The question before the Bench was whether both or only one, of these conditions, has to be met to lapse proceedings. Singh’s Principles of Statutory Interpretation (14th Ed. The main central act that governs land acquisition in India is “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” which replaced the “Land Acquisition Act, 1894. As this summary aims to remain relatively concise, it will not address each of them. Justice Mishra overturned the finding in Pune Municipal Corporation that paying compensation cannot entail a deposit in the treasury. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. • Land acquisition is the process by which the government acquires private property for public purpose. To illustrate this, he relied on Section 16 of the old LA Act. 2003. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. (a) to enter upon and survey and take levels of any land in such locality; (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and. The government has a special responsibility in this regard, and cannot later take refuge behind the pretext that the compensation was paid to the claimant who actually appeared while others did not appear. Justice Mishra underpinned his conclusion by observing the contradictory consequences that would follow from the alternative interpretation. 4. The Government of India believed there was a heightened public concern on land acquisition issues in India. Section 12 provides for the preliminary survey of land and power of officers to carry out such survey. Section 15(3) provides that the decision of the appropriate Government on the objections shall be final. The Act will replace the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. This would determine how the Court would interpret the proviso itself and the other sub-sections of Section 24. A more technical issue that arose was the scope of the proviso in Section 24. If the scheme is approved then the Commissioner shall under Section 18 cause the approved Rehabilitation and Resettlement Scheme to be made public in the following way: (i) in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; (iii) uploaded on the website of the appropriate Government. In effect, Justice Mishra’s observations entail (among other things) that when compensation is not deposited in a majority of landowners’ accounts in proceedings under the LA Act, they are payable in terms of the provisions of the 2013 Act. He has information that the valuation is not highest 50% of sale It is thereafter that the Government is empowered to proceed further. The second key issue pertained to the meanings of “paid” and “deposited” in Section 24(2). ), two negative conditions connected by an “or” in a statute, must be construed as “cumulative”. The legislation that was enacted to govern the same was very old, having not been changed since the time of the British and had several lacunae. PRELIMINARY. The Government of India believed there was a heightened public concern on land acquisition issues in India. Second, to which clause(s) does the proviso in Section 24 of the 2013 Act apply – is it limited in its application to Section 24(2)? New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. 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. ; or. ! Justice Mishra resolved this potential ambiguity by relying on the provisions of the LA Act. There were several other issues before the Bench. Land Acquisition (Companies) Rules, 1963. As to the calculation of this 5-year time period, Justice Mishra clarified that any interim orders issued by courts must be excluded in the computation of time. Shah and S. Ravindra Bhat agreed with the Union. Every declaration shall be published in the following manner:-. The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. The Government of India believed that a combined law … Text Search: 65 Record(s) | Page [1 of 7] Section - 1. In K. Madhava Rao vs. State of A.P. It is obvious that when the government exercises its power of eminent domain and acquires property, public funds have to be utilized for the payment of compensation to the true owner, and not merely to any claimant who cares to appear on the scene. In this Act, unless there is something repugnant in the subject or context,- (a) the expression “land” includes benefits to arise out of land, and things attached to The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, under Section 29 will use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him. (v) any person whose primary source of livelihood is likely to be adversely affected; Under Section 21 the Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. The aims and objectives of the Act include: 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. The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. Section 16 vests land in the State “free from all encumbrances” once it has made an award under Section 11 of the LA Act. All rights reserved. Additionally, the amount of minimum compensation to be given is also fixed at a multiple of the total of the ascertained market value, plus value of the assets attached to the property, plus a solatium equal to 100% of the market value of the property including value of assets. In 2014, a three-judge bench of the apex court, in the Pune Municipal Corporation v Harakchand Misirimal Solanki case, held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to displaced farmers. In State of Madras Vs. B.V. Subramania Iyer[vi], the Court held that the word “Dispute” includes any controversy with regard to the title of a single claimant. The proviso comes at the end of Section 24, after sub-section (2)(b). He concluded that to allow proceedings to lapse after the State has taken possession due to non-payment, would contradict the provisions of the LA Act. In other words, does the duty to pay compensation require the acquiring authority to deposit money in the landowner’s bank account or in the relevant court? Land owner entitlements = Rs.6,30,00,000 + 100 replacement homes, Livelihood loser entitlements = Rs.365,00,00,000 + 5000 replacement homes. The new Act of 2013 proposes the above benchmarks as minimum. There is also a provision for hearing objections with regard to acquisition. (၁) 1.2. The research paper analyses the aims and objectives of the Act as well as its scope. WHEREAS it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of However, prima facie Government is the best judge as to whether acquisition is for public purpose. WHEREAS it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:- He held that the State must issue a memorandum in order to take possession of the land. This solatium amount shall be in addition to the compensation payable to any person whose land has been acquired. He concluded that Parliament could not have intended “paid” in Section 24 to mean “deposited”. 1. Generally, in common law, a Bench cannot overturn a judgment of a Bench of the same strength. (3) It shall come into force on the 1st day of March, 1894. ). In particular, the Court had to settle the correct interpretation of Section 24(2) of the 2013 Act read with various provisions of the LA Act. 28 of the Land Acquisition Act, 1894 (hereinafter referred to as “the LA Act”). The judgment also addresses the fact that there is an excess of litigation around land acquisition proceedings. 2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land is sought to be acquired. Land Acquisition Act, 1894. I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. But collector is going ahead with procedures that could not result in an unfair valuation. Justice Mishra specified that landowners cannot use Section 24(2) to re-open concluded LA Act proceedings. Alternatively, can the acquiring authority be relieved of its obligation to pay, once it has tendered the appropriate compensation? Land Acquisition refers to the forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. However, there are two others that must be briefly mentioned. Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a preliminary notification under Section 11 in rural or urban areas shall be published. Text Search: 65 Record(s) | Page [1 of 7] Section - 1. The average effective cost of land, in the above example will be at least Rs.41,00,000 per acre plus replacement homes and additional services. 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act. Every objection shall be made to the Collector in writing. Also, the ‘Requiring Body’ must deposit an amount, in full or part, as may be prescribed by the appropriate Government towards the cost of acquisition of the land. Section 15(1) provides that any person interested in any land which has been notified as being required or likely to be required for a public purpose, may within 60 days from the date of the publication of the preliminary notification, object to–. He referred to Black’s Law Dictionary, which defines the noun “tender” as an “unconditional offer of money”. Application of section 3A where there is no development approval 3C. LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. He held that once the State makes an award and issues a memorandum, the title no longer rests with the landowner. Complexities arose out of the fact that the Court had to resolve how the 2013 Act interacts with its repealed predecessor - The Land Acquisition Act, 1894 (‘LA Act’). Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:— PART I The below summary limits itself to the 6 March 2020 judgment. Land Acquisition Act 1894 3. THE LAND ACQUISITION ACT, 1894 (Act No.1 of 1894) PART I-PRELIMINARY 1. Case Background: The underlying issue, in broad terms, was whether deposit of compensation by government in treasury can be deemed as payment to landowner as per Section 24(2) of the 2013 Land Acquisition Act so as to save the proceedings taken under the 1894 Land Acquisition Act from being lapsed. L. J. * * * * ၁ ၂ 3. If no objections are made, the Collector has got to make a report. WHEREAS it is expedient to amendthe law for the acquisition of land needed for public purposes and forCompanies and for determining the amount of compensation to be made on accountof such acquisition; 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. Although the above cases were dealt under the old law of Land Acquisition Act, 1984, but the provisions of the new Act and the old law are somewhat similar. In case any person interested resides elsewhere, and has no agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of business and also publish the same in at least two national daily newspapers and also on his website. When can the State be found to have failed to take physical possession of acquired land? The provision states, “where an award [under the LA Act] has been made five years or more prior to the commencement of this  Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed”. (2) It extends to the whole of India except 1 [the State of Jammu and Kashmir]. He added that sub-section (2)(b) ends with a semi-colon, implying that the proviso belongs to it. Most prominently, there were no provisions for compensation or rehabilitation on acquiring land. The Collector having determined the market value of the land to be acquired shall under Section 27 calculate the total amount of compensation to be paid to the land owner whose land has been acquired by including all assets attached to the land. Section 24(2) defines two conditions that can lead to a lapse: non-possession by the State or non-payment to the landowner(s). as an “and”. Land Acquisition refers to the forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. • Under the 1894 Act, the government could acquire any land as it wishes to, in the name of "public purpose“. Definitions. The Indore Development Authority judgment created chaos as it meant reopening all prior cases which had relied on Pune Municipal Corporation as precedent. Every person required to make or deliver a statement to the Collector shall be deemed to be legally bound to do so within the meaning of Section 175 (Omission to produce document to public servant by person legally bound to produce it) and Section 176 (Omission to give notice or information to public servant by person legally bound to give it) of the Indian Penal Code 1860. The notification to be issued shall contain details of the land to be acquired, a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. [iv] (1969)9 Cur. If objections are made, the Collector will consider those objections and make his recommendation thereon in his report to government. It shall be made known locally by public hearing in the affected area and discussed in the concerned Gram Sabhas or Municipalities. Abstract: The Land Acquisition Act, 1894 is the primary prominent space act that appeared under the British guideline. … 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. It is considered the biggest reform in land governance. In effect, he held that once the State makes an award and takes possession, it becomes the “absolute owner of the land”. Relying on case law, Justice Mishra held that a proviso must be read as a part of the provision it is appended to. But it is not sole judge. Short title and application. Of particular concern was that despite many amendments, over the years, to India’s Land 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. Section 24(2) shall only apply to pending proceedings, where the award was given at least 5 years prior to the commencement of the 2013 Act. Land acquisition 1. 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. Part of what made this case so controversial is that the reference to a five-judge Bench arose out of unusual circumstances. As described above, Section 24(2) states that land acquisition proceedings under the LA Act may lapse, if the State fails to pay the beneficiary landowners: “where…the compensation has not been paid the said proceedings shall be deemed to have lapsed”. Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. 5. For example, if the State fails to pay the landowners, then the proceedings would lapse. Whether the land is required for a public purpose or not has to be decided solely by the State Government. Justice Mishra concluded that once the State tenders the compensation, the land acquisition cannot lapse under Section 24(2). (2) It extends to the whole of India except l [the State of Jammu and Kashmir] (3) It shall come into force on the first day of March. Short title, extent and commencement. Government acquires land for immediate and declared use by private companies for public purpose. Therefore, no representative of the State has to physically occupy the land. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir It held that once compensation has been tendered, but the person refuses to accept it, this amounts to a discharge of obligation under section 31(1) of the Land Acquisition Act, 1894. Perhaps less expectedly, Justice Mishra also overturned his 2018 judgment in Indore Development Authority: “the decision too cannot prevail” (para 362). Please note that while this summary provides an overview of the key observations in the judgment, it is not exhaustive. He observed that in Indore, the interpretation of “or” had never been “placed for consideration” before the Bench. He added that nowhere in the LA Act, nor the 2013 Act, is a payment a pre-condition for taking possession. Requiring Body as defined under Section 3(zb) means a company, a body corporate, an institution, or any other organisation or person for whom land is to be acquired by the appropriate Government, and includes the appropriate Government, if the acquisition of land is for such Government either for its own use or for subsequent transfer of such land is for public purpose to a company, body corporate, an institution, or any other organisation. It also determines the amount of compensation on account of such acquisition. Section 19 of the new Act provides that the final declaration shall be published by the authority within a period of 12 months from the date of issuance of preliminary notification under section 11 of the Act. The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. “the average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest village or nearest vicinity of the land being acquired.”. The Government of Mysore notified the lands belonging to the respondent for acquisition. Moreover, rehabilitation has been incorporated in the new Act and the procedure for the same has been laid down as well. This ensures that no forcible acquisition … However, relying on Patel Chunibhai Dajibha, Justice Mishra held that “or” in this context must be interpreted conjunctively. Under Section 22 the Collector may also require any interested person to make or deliver to him a statement within 30 days containing the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. After receipt of objections, the concerned authority shall consider those objections, and if found unsatisfactory, then a final declaration rejecting the claims will be issued. Hi, Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made No person shall make any transaction or cause any transaction of land specified in the preliminary notification from the date of publication of such notification till such time as the proceedings of acquisition are completed. The legislation being very old and with no provisions for compensation, rehabilitation and resettlement needed to be replaced with one which filled its loopholes. After India gained independence in 1947, it adopted the Land Acquisition Act of 1894 by the “Indian Independence (Adaptation of Central Acts and Ordinances) Order" in 1948. That is to say, can land acquisition proceedings lapse if only one of the contingencies is met, or must both be met? He also clarified that in instances where a beneficiary has not received a payment, the State may have to pay interest on the original compensation as per Sections 31 and 34 of the LA Act (equivalent in 2013 Act: S.77 & 80). In Khub Chand vs. State of Rajasthan[i], the Court has held that, the words of Section 4(1) of the Land Acquisition Act, 1984 clearly suggest that the requirement is a mandatory one. This led to the passing of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which replaces the old Act. Various counsels argued that Justice Mishra should recuse himself from the current case, contending that he suffered from a perceived bias. In other words, it argued that only if both conditions were met, could a land acquisition lapse. Purchase from a willing seller is specified as well as its scope Mishra underpinned his conclusion by the! 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