PROFESSIONAL

PRACTICE- II
LAW OF LAND

PREPARED BY :-
BHOOMIT KANSARA
YASH GOSAI
SAHIL VORA
PART SISODIYA
CONTENT:-

1. LAW RELATED TO LAND

2. WHAT IS LAND ACQUISITION?

3. LAND ACQUISITION ACT- 1894

4. LAND ACQUISITION REHABILITATION AND

RESETTLEMENT ACT 2013

5. COMPARISION OF ACT 1894 & 2013

6. STATE URBAN PLANNING DEVELOPMENT ACT –

1973
1. WHAT IS LAW RELATED TO LAND..

• Land Law Is The Form Of Law That Deals With The Rights To Use Or
Exclude Others From Land.

• In Many Jurisdictions, These Kinds Of Property Are Referred To As Real

Estate Or Real Property As Distinct From Personal Property.

• land law is looking to determine what interests there are in the land and
therefore what a person can do with the land.

• Land Acquisition Act- 1894

• Land Acquisition Rehabilitation And Resettlement Act 2013

CHANGING LAND USE IN INDIA
2. What is Land Acquisition

Land acquisition is the process by which

the government forcibly acquires private
property for public purpose without the
consent of the land-owner. It is thus
different from a land purchase, in which
the sale is made by a willing seller.

Land Acquisition is governed by the Land Acquisition Act,

1894.  The government has to follow a process of
declaring the land to be acquired, notify the interested
persons, and acquire the land after paying due
compensation. Various state legislatures have also
passed Acts that detail various aspects of the acquisition
process.
3. Land Acquisition Act- 1894
The Land Acquisition Act, 1894, was earlier the principal legislation providing for acquisition by government of private
land for any public purpose. Besides this core legislation on the subject, there were provisions for land acquisition also in
the laws enacted for specific purposes such as the construction of railways, national highways, tramways etc.

Public purpose:
The acquisition under the law could be for the use of land not only for the central or state governments or for companies
or corporations owned by them but also for privately owned companies.

Some specific examples of public purpose were mentioned in the law such as town or rural planning, providing
residences to the poor and landless persons, “carrying out any educational, housing, health or slum clearance schemes
sponsored by Government” and provision of land for a corporation owned by government.

The Act also provided for acquisition of land for “the construction of some building or work 5 for a Company which is
engaged or is taking steps for engaging itself in any industry or work which is for a public purpose”.

Procedure for acquisition:

• Notification
• Hearing of objections
• Declaration
• Procedure for compensation
• Determination of compensation
OTHER PRE-EXISTING LAWS:

Two legislations for specific purposes, with provisions on the acquisition of land, were enacted in the British era, namely :
• The Land Acquisition (Mines) Act, 1885
• The Indian Tramways Act, 1886.

AFTER INDEPENDENCE

• The Damodar Valley Corporation Act, 1948

• The National Highways Act, 1956
• The Coal Bearing Areas Acquisition And Development Act, 1957
• The Petroleum And Minerals Pipelines (Acquisition Of Right Of User Of Land) Act, 1962,
• The Metro Railways (Construction Of Works) Act, 1978
• The Railways Act, 1989

The essential features of these laws were the same as those of the Land Acquisition Act, 1894.
4. LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT 2013 – LARR

The Aim

Far-reaching In That It Sought To Redress The Imbalance Inherent In The Procedures Laid Down In The Land Acquisition Act, 1894,
Between The Interest Of Individual Landholders And The Authority Of The Government Acquiring Land For A Public Purpose

Purpose Of Land Acquisition:

• Government For Its Own Use, Including Public Sector Undertakings And For Any Public Purpose Including Strategic Purposes,
• Infrastructure Projects Or Urbanization Or Housing Projects.
• Public Private Partnership (Ppp) Projects
• Private Companies For Public Purposes
• Prior Consent Of 70 Per Cent Of Landholders Is Required For The Former And 80 Per Cent For The Latter.

Enhancement Of Compensation:

For Land In Rural Areas The Compensation, Including Solarium, Is Four Times The Value Of The Average Of Registered Sale Deeds
And For Urban Lands, It Is Twice As Much.
REHABILITATION AND RESETTLEMENT:

• A Constructed House If A House Is Lost In The Land Acquisition.

Affected Persons Are To Be Provided With One Of Three Options:

1. a job to at least one member of the affected family.

2. one-time payment of INR five lakh or annuity policies that pay not less than rupees two thousand per month per family for
twenty years.
3. Each affected family displaced from the acquired land is also entitled to a subsistence allowance of Rs 3,000 per month
for 12 months.
4.
R&R package, 26 infrastructural facilities have to be provided in the resettlement area.

5. In the case of irrigation projects, as far as possible, affected families owning land lost due to acquisition are to be allotted
a minimum area of one acre of land in the command area of the project

6. in the case of urbanization projects, 20 per cent of developed land has to be reserved for allotment on a proportionate
basis to those whose land has been acquired, on payment of the cost of acquisition plus the cost of development.
Social Impact Assessment:

• the environment impact assessment under environmental laws

•
A public hearing and involvement of the local body (panchayat, municipality or municipal corporation) are also mandated.
Among other things, the government has to consider whether the potential benefits and public purpose “outweigh the
social costs and adverse social effects as determined by the Social Impact Assessment”.

Urgency clause

The LARR Act, 2013, limits the invocation of the urgency clause,
whereby possession can be taken even before the award of compensation is made, only to “the minimum area required for the
defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the
approval of Parliament”.

Food security and agricultural land:

• The LARR Act, 2013, provides, as a general rule, that no irrigated multi-cropped land shall be acquired under the Act.
• Whenever multi-crop irrigated land is acquired, an equivalent area of cultivable wasteland has to be developed for
agricultural purposes.
• In the alternative, an amount equivalent to the value of land acquired has to be deposited with the government for
“investment in agriculture to enhance food security”. It is also envisaged that the acquisition of agricultural land, other than
irrigated multi-cropped land, must not exceed the prescribed limit in terms of a percentage of the net sown area for the
district or state. The limits for acquisition of agricultural land, however, have been made inapplicable for “projects that are
linear in nature, such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like”
.
IMPACT OF LARR ACT, 2013 ON INFRASTRUCTURE PROJECTS

Many of these projects are undertaken as PPP projects and where this is the case, there would be further delays
because of the need to obtain the consent of 70 per cent of the land-holders

the government has by notification already extended to the projects falling under the enactments in the Fourth Schedule
the benefits of the LARR Act, 2013, relating to compensation and R&R As a result, the costs of land acquisition for these
infrastructure projects, as well as those not covered by the enactments listed in the Fourth Schedule, will certainly go up.
5. COMPARISION OF ACT 1894 & 2013

ISSUE 1894 ACT 2013 ACT

Includes
 Strategic project
Includes Infra Structure Infra Projects
Development, Housing Projects for affected
Public Purpose
Projects & Use By families
Companies under certain Project from planned
Conditions development
Residential project for the
poor.

Govt acquiring land for

Consent of land Owners. No Requirements. Private companies(80%) &
for PPP (70%)

Social Impact Assessment No Provision Mandatory.

 ISSUE 1894 ACT 2013 ACT

Market rate in Urban area &

Compensation Same as market Value
double the rate in Rural area.

Estimated from
Market Value Determined as per circle rates.  Circle rate.
Sale instances.

Solatium (Compensation for

30% 100%
emotional loss)

To be returned to land owners if

Unused Land No provision. unused for 5 yrs from the date
of possession.
 ISSUE 1894 ACT 2013 ACT

R&R No provision Compulsory.

Govt can take the land on lease

Lease. No Provision.
instead of acquiring it.

Only in emergency situations

Acquisition of land without
Urgency clause. giving prior notice or token
compensation.
Sharing of profit. No provision.
 National Defence
National Security.
National Calamities.
If the acquired land is unused
and is transferred with in 5yr of
acquisition, 40% of the
appreciated land value will
have to be shared.
CHANGES OF LARR 2015

Industrial Defense
Corridor

Affordabl PPP- Gov.

e Owns • NO SIA
Housing Land
• NO 80%, 70%

Rural •Multi-Crop Irrigated

Infra land
6. STATE URBAN PLANNING DEVELOPMENT ACT – 1973

UTTAR PRADESH

1- For implementation of Infrastructure Projects in Public Sector viz:- State highways, canal, power and so on the
process of land acquisition would be initiated by following the Rules & Regulations as provided in the Land
Acquisition Act 1894, but the compensation of land would be fixed by mutual consent as per the provisions of The
Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules,
1997. Those land owners whose land is acquired for these projects would be given all the benefits of the
Rehabilitation & Resettlement Policy 2010 (as amended) of the Government.

2- Local Bodies/ Undertakings like Development Authorities, Industrial Development Authorities, Housing
Development Boards etc. acquire land for projects in discharge of their legal responsibility of planned development
in which developed land is allotted to public for their residential needs, to small units in service or industrial sector
and for community facilities. The land for such projects will be acquired under the provisions of Land Acquisition
Act 1894. After the issue of notification under Section-4 the following two options shall be available to the land
owners with a view to protecting their rights
3- Where land is allotted for projects in the private sectors outside the master plan area for planned industrial/urban
development for public use in residential, commercial, to medium or heavy industry, in service or infrastructure sector or
where the bulk allotment of land is propose in private sector the following procedure shall be followed for acquisition of
land

4- The land of all those remaining farmers who do not agree to take the above package would be acquired by adopting
the process as provided under the Land Acquisition Act 1894

5- If, in any project less then 80% of the total affected land owners give their consent, then in that case the project would
be reconsidered.

6- Annuity of Rs.23000/= per acre per year would be payable in place of Rs.20000/= per acre per year as provided in G.O.
No.-1307/1-13-10-20(29)2004 dt. 03 Sept.2010 relating to Rehabilitation and Resettlement Policy and annual increase
of Rs.800/= in place of Rs.600/= would also be payable and a lump sum payment of Rs.276000/= in place of
Rs.240000/= would also be payable.

7- In this connection I have also been directed to state that the provisions of the earlier G.O.s relating to Land Acquisition
& Rehabilitation & Resettlement policy shall be deemed to be amended to this extent.

8- These orders shall come into force at once.

REFFRENCES

http://udyogbandhu.com/topics.aspx?
mid=Land%20Acquisition%20Policy%20of%20UP%20n

https://www.prsindia.org/theprsblog/faq-why-land-acquisition-so-
controversial

https://www.financialexpress.com/economy/land-acquisition-
simplified-in-uttar-pradesh/55068/

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2779353#:~:
text=They%20acquire%20land%20either%20for,
acquisitions%20being%20carried%20out%20in

https://www.prsindia.org/sites/default/files/
LARR%20Act%2C%202013.pdf
THANK
YOU