TRTFCAT in LARR Act 2013 (The LARR Act) provides for land acquisition as well as rehabilitation and resettlement (R & R) and replaces the Land Acquisition Act 1894. Fourth, while the landowner can challenge the acquisition order such a challenge can only be on the limited ground of quantum of compensation or its apportionment and not on the issue of public purpose unless of course mala fides are proved. This has been held by the courts to include “lawful owners” and “lawful tenants”. The fifth aspect of this philosophy is that there is only one way of development and that is to industrialise and industria lise even more and that this. The courts have now virtually held that as long as some manufacturing, service or business activity is carried out on the acquired property it will be held to be acquired for public purpose because some employment is being generated. (2) It extends to the whole of India 1 [except the State of Jammu and Kashmir] (3) It shall come into force on the 1st day of March 1894. This is partly due to protests and partly due to some of the international donor agencies insisting on rehabilitation as conditionality for loans. 28. Dealing with the first aspect the Supreme Court observed, The concept of public purpose has to be held to be wider than ‘public necessity’. Section 2(f) defines public purpose.3 As is clear from the definition acquisition of land for companies cannot be construed as being for a public purpose. Acquisition of rights in connection with underground storage of gas. Also available at iTunes. Ltd. An analysis of the Land Acquisition Act, 1894 and its interpretation by the courts shows that the holder or tenant of the land has suffered in major ways. Acquisition of rights over land by the creation of new rights. But broadly speaking, as Usha Ramanathan has rightly observed12: This has meant that competing versions of what constitutes public purpose, the probability of impoverishment, the dislodging of livelihoods, the breakdown of cultural contiguities and continuities have, for instance, not been relevant elements in judicial challenge to the meaning of public purpose. Section 4 outlines the major features of the LARR Act, 2013, while Sections 5, 6 and 7 undertake a critical assessment of the possible impact of the Reported in : AIR1975Bom73; 1974MhLJ977or constructive communication of the said order to the party concerned. Phone: +91-22-40638282   |   Fax: +91-22-24934515   |   Email: Editorial - edit@epw.in  |  Subscription - circulation@epw.in   |   Advertisement - advertisement@epw.in  1.Short title, extent and commencement:-(1) This Act may be called the Land Acquisition Act, 1894 ; (2) It extends to the whole of India except Part B States; and (3) It shall come into force on the first day of March, 1894. The third aspect is that compensation is payable only to the owner of the land or a legally recognised tenant. This is an appeal to the subscribers, contributors, advertisers and well-wishers of Economic and Political Weekly (EPW), published by Sameeksha Trust, a public charitable trust registered with the office of the Charity Commissioner, Mumbai, India. 29. If this happens in a city like Mumbai, and that too in a widespread manner one can imagine what would happen in the Ensuring benefits for livelihood users: If land is purchased then there are no benefits for livelihood losers who are usually far greater in number than the landowners. The issues that are becoming increasingly significant are what is the meaning of “public purpose” and whether land can be acquired by the government for private corporations. including the Land Acquisition Act, 1894, and the shortcomings that had come to light during their operation from 1894 to 2013. The broad object of the Act is to expropriate private lands. 320-322, A to Z Industrial Estate, Ganpatrao Kadam Marg, Lower Parel, Mumbai, India 400 013 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act . Over the years, the courts have held that acquiring lands and handing them over to a private company even for projects such as setting up a paper mill8 or for electric compressors or for setting up a factory manufacturing compressors9 is a public purpose. The proposed Land Acquisition Amendment Bill makes it much easier for the government to acquire land for any private company, is nonparticipatory in nature and has escape clauses as far as giving jobs to the displaced or the provision of "land for land" is concerned. The land owner is not a willing seller, therefore, compensation and the way in which compensation were payable, is to be fair and reasonable. After this, a public notice is given under Section 9 asking that claims of compensation be made to the collector before a notified day. But even assuming that only money is to be given in exchange for expropriation the question arises as to who should this money be paid to and how much? Though, in exercise of the power of eminent domain, the government can acquire the private property for public purpose, it must be remembered that compulsory taking of one’s property is a serious matter. Land Acquisition Act, 1894 The courts will not go into challenges to acquisition and even now there are no guarantees of jobs or land due to the escape clauses. 3. Acquisitions made for the Yamuna Expressway were challenged. '(4 [he cxprcssion "Court" means a principal Civil Court of original jurisdicli~n. Section 2(f) defines public purpose.3 As is clear from the definition acquisition of land for companies cannot be construed as being for a public purpose. Governance and Polity - IAS Mains General Studies Paper - II, Centrally Sponsored Schemes for Promoting AYUSH: Features, Demerits of caste based reservation system, Nai Roshni Scheme - Objectives and Features, Governance Schemes in Agriculture: Overview. Black’s Law Dictionary) 4. Therefore, while examining the landowner’s challenge to the acquisition of land in a petition filed under Article 226 of the Constitution, the high court should not adopt a pedantic approach, as has been done in the present case, and decide the matter keeping in view the constitutional goals of social and economic justice and the fact that even though the right to property is no longer a fundamental right, the same continues to be an important constitutional right and in terms of Article 300-A, no person can be deprived of his property except by authority of law. 8GPWG (QTVWPG $GNNC %CUC *QVGN ,CKRWT 4CLCUVJCP The presumption is that every person is familiar with the money market and the banking system and will invest so as to get the best longterm returns. Even though right of property is no longer fundamental and was never a natural right, and is acquired on a concession by the State, it has to be accepted that without right to some property other rights become illusory. A new Section 3B is added which says that whenever the government seeks to acquire land involving physical displacement of 400 or more families in a plain area or 200 or more families en masse in tribal or hilly areas or areas covered under the Fifth or Sixth Schedule of the Constitution a social impact assessment will be carried out for purpose of social impact appraisal in the affected area especially in relation to SCs, STs and other vulnerable communities for infrastructural and other facilities in the proposed rehabilitation In determining the amount of compensation the collector (or the court as the case may be) would be guided by provisions of Sections 23 and 24. However if the compensation is even partly paid for by the government it will be treated as acquisition for public purpose and not for a particular company. Secondly, the courts have also held that if a land is acquired for a particular public purpose and is subsequently used for another public purpose there is nothing wrong with it. EPW looks forward to your comments. (viii) the provision of any premises or building for locating a public office, but does not include acquisition of land for companies . The scope of the Act includes all land acquisition whether it is done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir. Though there is provision for land for land it is not mandatory and as far as jobs for the affected families are concerned there are escape clauses. In Dev Sharan vs State of Uttar Pradesh10 agricultural lands were acquired for construction of a district jail at village Murchha. 7 Nand Kishor Gupta 2010 10 SCC 282. Section 17 is the urgency clause which permits the collector to take possession of land in the event of an urgency within 15 days of the Section 9 notice. (2) Subsequently, Act X … Look at the Slum Rehabilitation Scheme in Mumbai wherein 70% of the slum dwellers have to agree to a scheme. and Sixth Schedules of the Constitution apply. Acquisitions made for the Yamuna Expressway were challenged. Nifty 11,504.95-11.15. They speak of trying to minimise displacement but not public participation in deciding which projects are important and which are not. +P EQNNCDQTCVKQP YKVJ VJG ++5 7PKXGTUKV[ /CPUCTQXCT ,CKRWT 6JGOG 6TCPUEGPFKPI KUEKRNKPCT[ GECFGPEG 'ZRNQTKPI %JCNNGPIGU QH 6GCEJKPI 5EJQNCTUJKR CPF 4GUGCTEJ KP VJG *WOCPKVKGU CPF 5QEKCN 5EKGPEGU GEGODGT This is in fact the solatium payable for the coercive aspect of the deal. This has contributed to the “absolute” nature of the power of the state to take over, divest and divert land. Otherwise the company would be free to privately negotiate with private landowners and buy the land if landowners are willing and if it is otherwise permissible (for instance, under the Land Ceiling Acts, Agricultral Lands Acts and if permitted under the laws providing for restrictions on transfer of lands belonging to scheduled tribes (STs)). They may take some time to appear. The section also provides for an additional payment of 15% of the market value in view of the compulsory nature of the acquisition. The project was to be handed over to a private developer who would exploit it for 36 years and then hand it back to the government. These kinds of schemes have historically proved unworkable for the poor. The second aspect of the philosophy behind the Act is that it is constructed around an individual whose land is acquired. 9 Smt Somawati and Ors vs State of Gujarat, AIR 63 SC 151. (3) This is in fact the solatium payable for the coercive aspect of the deal. If acquisition for companies is done under Chapter VII it can be for a limited objective. The impact is even more when mass displacements take place as artisans, fisherfolk and others also lose out due to acquisition and their rights are ignored. The fourth aspect of the underlying philosophy is that money can compensate for all losses and once people are paid adequate compensation they can go on to have a wonderful life.