Law of Infrastructure

TOPA – Anything that is permanently fastened to earth is also land; benefits arising out of
property is also land; easement over property is also land

Acquisition – How do you acquire land? History

Land Acquisition Act, 1894

Part II of the Act

Order of acquiring land?

1. Preliminary investigation
2. Section 4 – Preliminary Notification of acquisition
3. Section 5A – Hearing of objections; Grounds for objection – substantive (why this
land)
4. Section 6 – Declaration of intended acquisition – Under this act, ‘public purpose’ was
not defined and it was to be decided by either the government or the Judiciary.
5. Enquiry and Award
6. Taking possession of the land

*Analyze interpretation of ‘public purpose’ by the Judiciary under this Act

Gross misuse of ‘public purpose’ under this Act, led to advent of 2013 Act

Role of Court starts when award given by Collector is unsatisfactory, not before. Delayed
justice? – Difference under 2013 Act

Under Sec , grounds for objections – procedural (wrong measurement of land, wrong award,
etc)

Person passing on the land is given to the Govt. under ‘public purpose’ with all the rights to
the Govt. Further, the person has to clear all encumbrances before passing on the land.

Sec. 2(f) defines ‘public purpose’

Go through the gist of the act – objective, main provisions

First land acquisition act came about in 1870 and then the ‘Land Acquisition Act, 1894’

 Land Acquisition Act, 2013

Public Purpose defined under Section 2(1)
E.g., Navi Mumbai Airport – Ownership with Government, developed by Adani

Public purpose – to reduce the burden on other airports.

Analysis under Section 2(1) – As per the section

Social Impact Assessment necessary to be done during acquisition.

Conflicting provision to consent under Section 2(1) – Section 105. Under this section,
acquisitions can be done without landowner’s acquisition.

Under Section 2, are such transactions, a purchase or an acquisition? – Point of

research

In case of PPC, compensation paid by Govt but rehab, etc done by private companies

Analyse the Land Acquisition Bill, 2013*

Under this act, we are not working on acquisitions, etc.

Section 4 - Preparation of Social Impact Assessment study

As per Environmental Protection Act, Sec. mandates an Environmental Impact Assessment

report when land is being acquired.

18/10/22

SIA

FSI Requirement

Development is done considering all elements – DCR

31/10/22

Section 11 – Preliminary Notification

Section 11, 12 and 15

Doctrine of eminent domain empowers the Government to take your land whenever they
want, for ‘public purposes’.

1/11/22
Section 19 of the Act:
 A summary of the entire rehabilitation and resettlement scheme will always be there
in the declaration under this section.
  Draft of this scheme is approved by the Commissioner, he also has the duty to go and
make it public.
 Survey of land as per sketch – section 12.
 Letter regarding compensation – what all will I provide, as the government. All the
details will be provided.
 Solatium amount as per this new Act is 100%. Under section 31, all other factors have
to be taken into consideration and the enhanced value of that will be provided as
solatium by the govt. There is a relevant factor provided (like the Workmen
Compensation Act). Interest rate is also provided.
 All the persons affected make an application to the Collector within a period of 6
months from the declaration. In that application, you need to provide all your details
relevant – after which compensation will be transferred to you in your account (not
cash). This also has to be sent within a specified time frame. If not, you will get your
land back and the entire acquisition process lapses. This is how the Act is better than
the previous Act, it is being transparent and compensation is also fair.
 Rehabilitation and Resettlement letter: Net PDFs – how many people are going to be
displaced, how many people are to be compensated.
 1st Schedule: components of compensation package.
 2nd Schedule: Elements of rehabilitation and resettlement for the affected families.
 What other losses are incurred – also taken into consideration before arriving at the
final amount.
 Section 19(7)
 Section 19(6): Doctrine of imminent domain, state will acquire land without any fear.
 Section 21: Notice to the persons affected. The Collector will issue a fresh notice to
the people – come and ask for compensation, make an application if you are a person
affected. This notice will be posted on the website, and at convenient places.
Convenient places – where the acquisition is taking place. It is on the person affected
to make this application for compensation.
HW for tomorrow: Read section 24.

3/11/22

Schedule 2 – Applicable to displaced people over and above the compensation they receive
from Schedule 1