Land Acquisition Law: Land Acquisition Law In India

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“Land Acquisition Law” facilitates the acquisition of privately held land by the government agencies for public purposes and the grant of a government-fixed compensation to cover losses incurred by landowners from surrendering the same. Land Acquisition has three dimensions to it- right to compensation of the landowner, the public interest at large and acquisitions by the Government. The Land Acquisition Laws in India has seen various facets. From being governed by a 120 year old British Law, The Land Acquisition Act 1894(1 OF 1894), followed by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) and to the present day Land Acquisition Amendment Bill 2015 which was passed …show more content…

The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government. The Land Acquisition (amendment) Billwas introduced in the parliamentto ratify the ordinance which was passed on 31th December, 2014 - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement,(amendment) Ordinance,2014. The Ordinance The 2013 Act came into operation from 01.01.2014 but since then has faced many difficulties in its implementation. In order to remove them, certain amendments were needed to further strengthen the provisions and to protect the interests of the ‘affected families’. In addition, procedural difficulties in the acquisition of lands required for important national projects were to be safeguarded against. The ordinance and further the bill was introduced to meet this very need. The Constitution of India, under Article 123, provides that ‘If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to …show more content…

Adds that the LARR Authority must hold its hearing in the district where the land acquisition is taking place, after receiving reference from the Collector and giving notice of this reference to all concerned parties. 8. The Land Acquisition Act, 1894 will continue to apply in certain cases, when an award has been made under it. The 2013 Act will apply in case an award has been made five years prior to the commencement of the 2013 Act but the physical possession of the land has not been taken or compensation has not been paid. The Bill states that in calculating the five year time period, any period where possession of land was taken but the compensation is lying deposited in a court or any account, will not be counted. The amendments change ‘account’ to ‘designated account’. 9. The Bill states that if an offence is committed by a government employee he cannot be prosecuted without the prior sanction of the government, as provided in Section 197 of the Code of Criminal Procedure, 1973. The amendments state that the government employee can be prosecuted if procedure laid down in Section 197 of the Code of Criminal Procedure, 1973 is followed. Section 197 requires the prior sanction of the government prior to prosecuting a public

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