VASTU KALA ACADEMY

TOWN
PLANNING

PREPARED BY

PURU VASHISHTHA
Assignment 3

FOURTH YEAR
SECTION B
SEM-7
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COMPARATIVE ANALYSIS OF THE LAND ACQUISITION LAWS

1894
LAND ACQUISITION ACT
For more than a century, the 1894 Act has been the major source of
land acquisition legislation. It's a well-written piece of law that
covers three steps:

Individuals who are affected by the land purchase are referred

to as "persons interested" under the Act. Typically, these are
the landowners.

Affected parties must be given an opportunity to express their

concerns and opinions after being informed of the purchase.

The purpose of this clause is to provide impacted parties a

chance to challenge the purchase.
For example, if the right procedure was not followed in obtaining the land, the land in issue is not needed
for that specific project, or compensation is not chosen adequately, it may be challenged in court.

Several difficulties and shortcomings in the Act's actual implementation have been identified.

Lack of clarity in establishing who the impacted parties are since the present definition is ambiguous
Even in situations where there are no conflicts, the purchase procedure under the Act can take up to three
years, making it extremely time-demanding.
The Act does not include a method for calculating compensation for land acquisition.

2013
LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT

The 2013 Act made substantial revisions to India's land

acquisition rules, with the goal of filling up the gaps left by the
old antiquated legislation. The most notable features of this Act
are a considerable rise in compensation for landowners and their
classification into urban and rural landowners. As a result, the
variations in how markets work in rural and urban contexts in
deciding the value of land are identified:

In rural regions, the award given as compensation had to be

almost four times the estimated local market value, and in
urban areas, it had to be at least two times the market value.

The Act mandates the completion of a Social Impact Assessment (SIA), which assists in determining who the
affected families are and how to calculate the social impact on the acquired land. If the land acquired under
the Act is not used for five years or any period specified during the project's setup (whichever comes first), it
will be returned to its original owners or the government.
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Comparative Analysis of the Land Acquisition Laws

Land Acquisition,
Land Acquisition Act
Parameter Rehabilitation
1894
and Resettlement Act, 2013

Public Purpose Several uses including development and No changes.

housing projects, infrastructure etc.,
Inclusive of use by certain companies
under certain conditions.

Consent from No such clauses within the Act. Consent of 70% people for Public
Affected People Private Partnerships; Consent of 80%
displaced people for acquisition of
private companies.

Social Impact No Provision Has to be taken for every

Assessment acquisition

Market Value Intended use of land is expressly Value specified in the stamp duty
prohibited in determining the market and the average of 50% recorded
value and is based only on the current price in the vicinity in sale of land
use of land.

Compensation Based on market value. Two times the market value in

Urban areas; Four times the market
value in Rural areas

Rehabilitation No provision R&R necessary for all affected

and families; Minimum R&R to be
Resettlement provided to each family plus
employment to the affected family.

Food Security No provision Acquiring multi-crop last is only the

last resort. If acquired under special
circumstances, the States have a
duty to cultivate an equal area of
land elsewhere.