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Towards a Pragmatic India.

At that time it was One of the most important
known as Bengal Resolution I factor necessary for Industrial
Land Acquisition of 1824, and was applied only and Infrastructure growth of
Policy for Industrial to Bengal province. The law India is smooth acquisition of
Use enabled the government to land.
“obtain, at a fair valuation, land
or other immovable property The major impediments to that
required for roads, canals or were:
Section A, Group 6 other public purposes.” Lack of clear definition of
This law came into effect on 1 st "public purpose"- The
March 1894 in all the states of process of acquisition for
India except Jammu and private companies will not
Land Acquisition Act was first
Kashmir. Basically the Act is begin unless it is proved that it
enacted in India by British is used for public purpose.
Government in 1824. It used to be divided into 8 parts including
called as Bengal Resolution I of short title, commencement, Due to a lack of clear
1824 and it enabled the definitions and extent, definition of "public
acquisitions, reference to court purpose", industrial projects
government to obtain land and
Procedure, appointment of encountered problems time and
other immovable items at fair
compensation, Payment, again. Many cases were filed
valuation. British extended the Temporary occupation of
regulation through legislation, The for it and various judgements
Land, Acquisitions of Land for of Supreme Court expanded
Act 1 of 1850. This law helped Private Companies, the definition of public
British government to lay railway Miscellaneous purpose. This has given
tracks in India. After Independence,
Part 7 was specially defined for discretionary power to state
India adopted Land Acquisition Act decided the contours of “public
1894. This article takes you Acquisitions of Land for
Private Companies. No land purposes”.
through the history of land
acquisition act in India. It will can be acquired for a company No proper mechanism to
unless and until there is a prior choose land - Due to improper
briefly explain what the
consent of the appropriate choice of land promising
impediments to industry before
government and an agreement projects used to run into
LARRA, 2013 were. The major in writing between the
elements of LAARA 2013, its pros difficulties. Fertile land being
company and the government. chosen without any proper
and cons and the amendments by Such acquisition can only be choosing mechanism led to
Modi government introduced in the for the following objectives; friction between public and
new act. At last pragmatic the land should be used for government.
solutions have been discussed. construction of dwelling
houses for the workmen of the Problems due to long
Names: company, the work or procedures and
construction should serve the environmental clearance -
Liji James (FPM 10/04/O)
public purpose There were many major
Aditi Sharma (FPM 10/03/M)
projects in sectors like steel and
Abhishek (FPM 10/02/Q) However above conditions power, equivalent to Rs
Karan Kakkar (PGP/20/030) were not required if 244,815.5 crore, were stuck
Raj Nath (PGP/20/043) government was obliged to due to procedures relating to
Amit Prasad (PGP/20/008) provide land to any company land acquisition and forest and
The history of Land under any agreement. environmental clearances. The
Acquisition Policy delves Impediments to Industry major companies involved
deeper into 1824 when British before Enactment of LAAR were Arcelor POSCO, Tata
government implemented it in Steel and Jindal.

The main opposition is cultural impact of the on the ground that the Act is Arguments in favour of acquisition with the help of hugely oriented in favour of LARRA local self-government like farmers. in the guise of stake. employment to unskilled The Salient features of Important restriction has been labour and thus additional cost LARRA Act 2013 and imposed against acquisition of on training. would also become a tool of an individual as a result of the contract farmers. These 2013 have not been received in and private projects. The old Act did not cost un-manageable. Social Impact Management and Environment The provisions of LARRA concessions for PPP modules Impact Management. the industrial experts process behind this law. experts feel that the industry on any amount that accrues to fide purchaser of the land.2000/. good taste by the industry Pros and Cons of LARRA environmental. LARRA 2013 shall speed up Social Impact Assessment Infra-structural developments Industry Purview and they want similar Study. tenants and arbitrariness at the hands of provisions of the new law.pm to the affected projects like National and fair play was that the Act families along with Highways. The industrialists also Consent: Consent of 70% and law. A step time payment of Rs. the market value in urban areas. the quantum of the claim that four or two times 80% of the affected families is compensation of acquired land compensation + solatium + required for PPP and private was not fixed. huge cost is incurred by the if not used in five years for the LARRA 2013 keeps the industry to make it usable) + purpose for which it is quantum of compensation to 4 compulsory employment of a acquired. ‘Public Purpose’ was very appreciation of land price (for clear but it was dependent upon which there is no justification Return of unutilized land: Land the discretion of the collector. quite inward looking and provides for the ‘Consent’ of Industry fears that employment against the private companies. times of the circle rate in rural family member is a burden for Exemption from income tax area and two times in the urban the industry leaving the project and stamp duty: No income tax area. 5. The industrialists Comparison with the Act Multi-Crop lands.00. labours whose survival government executives and depends upon their labour even officers who may wield their . Railways. In the earlier holders. the acquisition. experts. 80% of the affected families in clause may lead to giving rural and 70% in urban area. from the purview of assessment in the form of 26 years.To sum up Indian policy though they are not the owners stick any day on any of the towards land acquisition was of property. Airports provides for a pre-acquisition appointment to one member for etc. introduced many litigants in Increased Earlier this duty was entrusted the form of bona-fide compensation: Compensations to Collector of the area who purchaser of the land. The earlier also claim that there is no Prior to 2013 law did not provide for separate forum/Tribunal for The 2013 Act LARRA has rehabilitation and resettlement making decision on the brought major changes and has of displaced persons. because appreciation of price should be returned to original who used to fix the same with of land takes place only when owner or the State Land Bank the help of his sub-ordinates. almost re-visited the thought provides provision for one.000 feel that exemption of 13 in the direction of transparency or Rs. 2013 disputed issues and litigation. studies take care of social. The government has Gram Panchayats and LMCs. However. financial. LARRA 2013 above-mentioned issues. the definition of 40% share in future project respectively. contract that is up to 4 times the market also happened to be the tribunal farmers. The and stamp duty will be charged recognise the rights of bona. tenants and labours value in rural areas and 2 times for deciding disputes regarding etc.

equity or avoided by taking land in outright multiple parcels instead of one. of land. By giving displaced poor Arguments against LARRA appropriate training or Skill Whether the land is fertile or High cost of acquisition: Cost not will also not be taken into Developments for of acquisition will increase 3 consideration while acquiring sustainability in future times thereby making the it for these five specific sectors. and so the compensation to be looked after following amount may be too little for a could be changes incorporated landowner/farmer who is for better performance losing his/her livelihood. housing for the poor including value of the land (It will take affected people are resettled. it would have acquired either on a long lease Because of the mandatory enabled the acquisition of land or in the form of equity of the requirement of consent for for private hospitals and proposed business acquisition of land the project educational institutions. Inadequate compensation: the Proposed Solutions market price is low particularly There are many lapses which in rural areas or semi-urban are required to be corrected or areas.Compensation for livelihood Mandatory "consent" clause government (via auction or losers: The Bill also provides and Social Impact returning it to owners) compensation to those who are Assessment (SIA) will not be dependent on the land being applicable if the land is By implementing auction acquired for their livelihood. PPP where ownership of land care of the amount demanded continues to be vested with the by the farmers) government. for boosting infrastructure development. rural infrastructure urban areas where price are Amenities like schools. area) acres in rural areas or 50 acres Whatever be the modality of in urban areas so it can be In August 2015. Centre had urged states to go ahead with acquisition (lease. (particularly in rural and semi- defence. By implementing policy and Amendments proposed by measures for the usage of BJP-led government unused lands left with the . By giving state government will be delayed. health including electrification. low) based system on centres and civic infrastructure industrial corridors and determining the monetary in places where project. The land to be acquired from projects unviable. the land owners should be Social Infrastructure sector was Delayed execution of projects: removed. their own land acquisition laws time acquisition. proper incentive to relax Land Later on a new norm Loophole in the system: This introduced that one person in Acquisition Criteria (if it is not act applies only for a land every affected family be given agricultural intensive land acquisition of more than 100 employment. acquired for national security. No job guarantee: No guarantee of jobs for the This has given rise to a set of members of the family who are land acquisition models which giving away the land neither are innovative and at the same any guaranteed return of time ensure easier acquisition unused land.

com/Politics/T2tN2OWzJIy9SuFgsGsmHN/ 8) What is the difference between the 2015 and 2013 Land Acquisition bill Retrieved from https://www. 3) Santosh.com/view/differences-between-land-acquisition-act-of-1894-and-2013-act-20312.livemint. THe Hindu Business Line. Delhi: The Hindu. R.quora. 1-12..References: Ghatak. Economic & Political Weekly. Subverting the Land Acquisition Act.careerride.thehindu. K. Economic & Political Weekly .wikipedia. (2011). 2) Rajiv. 1) Jairam. 65-72.com/newsknow/article6978832.ece 7) The evolution of the Land Acquisition Act from 1824 to 2015 Retrieved from http://www. V.aspx 6) nationalland bill six facts you need to Retrieved from http://www. (2015). 2013. Land Acquisition Law: Winking at the States .com/ . (2011). & Ghosh. 4) Land Acquision in India Retrieved from https://en. Land Bill will act as a drag on Industry. (2016). The Land Acquisition Bill: A Critique and a Proposal. P. M. 18-21.org/wiki/Land_acquisition_in_India 5) Differences between land acquisition act of 1894 and 2013-act Retrieved from http://www.