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Explained: Land Acquisition Law And Process In India
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= explained: Land Acquistion Law And Process n naa ore |G¥S Oo
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“Land Acquistion isimply the process by which the Government can acquire From Our Partners
private land
4 The dea of Land Acquistion in nai is based on Eminent Domain.Government has a duty towards public work, For this most of the time they have
‘to deal in construction. And for this they need land. And it is possible that at
times the land they need is private property. In such a case the government's
power to take that land overpowers the individuals’ right over that property. The
government can aequite private land for the purpose of public work, Thi
called land acquisition.
Land Acquisition is simply the process by which the Government can acquire
private land. This may include any other private property. tis usually done for
the purpose of public work building infrastructure, urbanisation, development
and industrialisation, Government can also aequire land for private firms for
setting up factories or other industrial setups. Purchase of land is a contract
between willing buyer and willing seller, while in case of land Acquisition the
Jand owner has no choice. This is the reason right to property is nota
Eeplained Land Acquistion Law And Process ni one | ws OA
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Explained: Land Acquisition Law And Process in indi
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Land acquisition by a stateis rooted in the concept of Eminent Domain. As per
this doctrine, the state can do anything in public interest. Itis based on two latin
political concepts,
- Welfare of public is paramount UK PM Rishi Sunak’s indian
Connection
Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl as~ Public necessity is greater than private necessity
‘The idea of Land Acquisition in India isbased on Eminent Domain. The state
has the right to acquire any private property for the public use. Right to property
‘was fundamental right till 1979 when the 44th amendment reduced it to a
constitutional or legal right. As per the amendment, “no person shall be
deprived of his/her property save by the authority of law”, Hence remedy in case
of right to property in India is available through High court and nct the supreme
court, No law that deprives the right to property can be challenged. However as
per the constitution, no land can be acquired by the state without compensation.
Land Acquisition isa concurrent subject
~ Land Acquisition in India occurs in three ways
Explained: Land Acquistion Law And Press nina one | GwS OA
= Through nego
Also called Land Acquisition Act 2013, Right to Fair Compensation and
‘Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
the main law that regulates land acquisition and establishes rules and UKPM Rishi Sunai’s indian
regulations for granting compensation, rehabilitation and resettlement tothe Connection
Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl wsaffected people in India, The act replaced the Land Acquisition Act, 1894. Itis
the principle law concerning land acquisition and compensation to the land
owners. The law followed the massive industrialization and liberalization in the
country. The law was brought in due to absence of cohesive law for
compensation and fait rehabilitat
plained: Land Acquistion Law And Prcessin naa ones | GW a
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Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl ssJump To
‘+ According to the law, government (both state and central) can acquire any land for:
‘+ Some features of the Land Acquisition Act 2015 are:
‘+ Compensation, Relief and Rehabilitation aspects of the law:
‘Process of Land acquisition as per the Land Acquisition Act 2015:
According to the law, government
(both state and central) can acquire
any land for:
+ Public purpose
= explained Land Acquistion Law And Process nina ox | WS 0
~ Private sector companies
Public purpose has been defined in the act and includes infrastructure, defence,
development, agriculture and allied industries, industrial corridors, mining,
industrial corridors, manufacturing zones, housing, and other projects
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Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl ensSome features of the Land Acq
Act 2073 are:
= No consent from owners is requited for land acquired for publie purposes.
~ Consent from 80% of affected families is required for land acquired for private
companies and from 70% for private-publie projects.
- The act requires Social Impact Assessment to be done before acquiring any
Jand, SIA will assess if potential benefits would outweigh the soxial cost,
- The owners will have to be compensated for the land and have ta be
rehabilitated and resettled ifneeded.
= Explained: Land Acquisition Law And Process In india,
- The act forbids land acquisition when the land is a multi crop irrigated area,
If the land is not used in five years it returns to the owners
Compensation, Relief and
Rehabilitation aspects of the law:
Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl
0% Read
Gays
Q= For tural areas - 4 times the market valne of land acquired
= Explained: Land Acquisition Law And Process In india, oxnead | (¥ 6 a
- People whose livelihood is dependent on these lands have to be paid a one time
payment apart from other compensations
+ Provision of employment to one member of affected family
UK PM Rishi Sunak’s Indian
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Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl ans~In case of land acquired for private companies, the said company will be
responsible for relief and rehabilitation.
IF fertile land, the govt will have to develop an equal size of wasteland for
agricultural purposes.
= If people live there, they have to be resettled.
Special provisions for SC/ST
Process of Land acquisition as per the
Land Acquisition Act 2013:
Explained: Land Acquisition Law And Process in indi 0% Read
~ After approval, a public notification is published in official gazette and 2 local
newspapers
~ 60 days are given for people to raise cbjection
@yvys a
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= Land survey is done along with relief and rehabilitation assessment Connection
Hoxiawinisiran conphirnorawsinternisionentoeiatorcracenan stl~ Land is marked, measured and planned
in and relief and rehabilitation are dealt with
~ Claims regarding acqui
~ Govt takes the possession of land
Land aquisition and subsequent relief and rehabilitation can also be done via
negotiations. Land can also be acquired by the government for specific purposes
through laws regarding those purposes like National Highway Act 1956,
Railways Act 1989, Metro Railways Act 1978, Atomic Energy Act 1962.
Acquisition in these cases is done as per the provisions of these laws, however
compensation, rehabilitation and resettlement has to be in line with Land
Acquisition Act
Explained: Land Acquistion Law And Process nina ox | WS OD
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