Report on amendment to section 6 of the land acquisition. Definition of public purpose 1 land shall be deemed to be required for a public purpose where it is a for exclusive government use, for general public use, for any. Paradigm shifts from the land acquisition act, 1894 to the larr act, 20. The proceeding under the land acquisition collector is of an administrative nature and not of a judicial or quasi judicial character. During the continuance of the land acquisition maharashtra temporary amendment act, 1972, the provisions of section 17 of the land acquisition act, 1894 shall apply, subject to the following modifications, that is to say, in section 17, in subsection 2, after the words as the case may be, where they occur for the first time, insert the. The land acquisition act, 1894 further referred to as act, defines public purpose 2 as including. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies. Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 36 appropriate government.
In this act, unless there is something repugnant in the subject or context, a the expression land includes benefits to arise out of land, and things attached to. Pdf comparative analysis of land acquisition acts in india. After declaration, collector to take order for acquisition. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. Further information regarding entitlement of additional compensation under section 28a of land acquisition act 1894 can be solicited from auj lawyers. Declaration that land is required for a public purpose 9. The narendra modi government introduced the controversial land acquisition amendment bill in the lok sabha amid vociferous protest by almost all opposition parties, in the 2015 prebudget session of the parliament on february 24. After declaration collector to take order for acquisition. This act may be cited as the land acquisition public purposes act. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Aug 07, 2014 the act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in india. The act has provisions to provide fair compensation to. Land acquisition act 1894, a law that, according to the minister of.
Land acquisition rehabilitation and resettlement act, 20. An act to amend the law for the acquisition of land for public purposes and for companies. Right to fair compensation and transparency in land. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 is also called land acquisition act 20 and was brought to replace land acquisition act of 1894, enacted during british era. Paradigm shifts from the land acquisition act, 1894 to the larr act, 20 shift 1894 act 20 larr act public purpose includes several uses such as infrastructure, development and housing projects. Differences between land acquisition act of 1894 and 20 act. In this act acquisition costs means the consideration or compensation paid for acquisition of land, or on the expropriation of land, or the value thereof other than the value of any service or benefit that accrues to, passes to, or is provided to the persons from whom. Land administrator to obtain information on land use of scheduled land. The land acquisition act act i, 1894 1st march, 1894. What are the pros and cons of the land acquisition act.
Some commentators on the land acquisition act, 1894 had cautioned about this. However the act was mired into controversies mainly because of lack of specific definition of public purpose, thereby, extending even it to the extent of. Feel free to contact us in case you need any clarification andor require legal assistance regarding similar matters. The land acquisition act, 1984 the urban unit uspmu. Land to be marked out and notice entered on register, etc. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. Pdf land acquisition is essential for the development of a country in order to provide employment, social. The process of land acquisition for the purposes of land acquisition act of proceedings are carried on by an officer appointed by the government known as land acquisition collector. Section 6 in the land acquisition act, 1894 indian kanoon. Land acquisition act, 1894 lucknow news times of india. The land acquisition act, 1894 further referred to as act, defines public purpose 2. Download the land acquisition act 1894 by panel of experts. Buy the land acquisition act 1894 by panel of experts pdf online from faculty notes.
Act 486 land acquisition act 1960 arrangement of sections section 1. The act replaced the land acquisition act, 1894, a nearly 120yearold law. Land acquisition act, 1894 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Download free sample and get upto 75% off on mrprental. This acquisition is subject to payment of compensation to the owners or to persons interested in the land. Jul 19, 2011 a beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala.
In this act, unless there is something repugnant in the subject or context. An act to amend the law for acquisition of land for public purposes and for companies. As it is very clear from the title of the law that it is enacted for compulsory acquisition of land required for the purpose of public benefit. The nexus between sovereignty and eminent domain under the. The legal boundaries of public purpose in india and south africa.
Whereas il is expedient 10 amend the law for the acquisition ofland needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. The title 1894 the name of old law sounds like the primary purpose was the acquisition of land. That being said, the act clearly delineates the goals and. Short title, extent and commencement l this act may be called he land acquisition act, 1894.
Definitions part ii acquisition preliminary investigation 4. A beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. Right to fair compensation and transparency in land acquisition. Land acquisition act, 1894 land acquisition may be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. Land is generally acquired by the government under the following acts. The land acquisition act, 1894 i of 1894 contents part i preliminary 1. Governments of independent india continued the practice acquiring land against the owners wishes for supposedly public purposes.
Land acquisition, rehabilitation and resettlement act legislative. Act i of 1894 2 february 1894 an act to amend the law for the acquisition of land for public purposes and for companies. Under the land acquisition act, 1894, land may be acquired for a public purpose as also for companies. By accommodation times new service when land is required for public purpose, land will be notified for acquisition under the land acquisition act 1894 and other relevant laws. The proceeding under the land acquisition collector is of an administrative nature and. Acquisition act, 1894 hereinafter the land acquisition. An act to amend the law for the acquisition of land for public purposes and. The manual of land acquisition laws by ziaulislam janjua and m. The purposes for which acquisition of land for companies may be made are, however, restricted and they have been specified in section 401 of the act. This article would benefit from reliablysourced material that reflects the origins, workings and effects of the act but not from mere quotations of it.
It allows the acquisition of land for some public purpose by a government. Non consultative, non transparent, low compensation. The new land acquisition act, 20 rejects the facile notion that the private sector always acts in private interest. This research completely deals with the compa rison of the land acquisition act 1894 and 20. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. The land acquisition, act, 1894 act i of 1894 2 february 1894 an act to amend the law for the acquisition of land for public purposes and for companies.
History of larr, 20 the primary land acquisition act was the land acquisition act of 1894. Hello fellow wikipedians, i have just modified one external link on land acquisition act 1894. I of1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. The president may, subject to the provisions of this act, acquire any land for any estate or term where such land is required for any public purpose. Hence the land acquisition bill 2007 seeks to amend the definition of public purpose. The land acquisition act india act i, 1894 1 march 1894 part i preliminary 12. But the act of 1894 did not provide any opportunity to the landownerspersons having interest in land. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisition. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on. An act to repeal and replace the land acquisition ordinance. Notification that particular land is needed for a public purpose or for a company. Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 36 appropriate government or some officer authorised by the 36 appropriate government in this behalf, shall direct the collector to take order for the acquisition of the land.
In comparison to the old act and the new act we have observed that the 1894 act primary purpose was for acquisition of land while the act of 20 main principle was for the. Definition of public purpose 1 land shall be deemed to be required for a public purpose where it is a for exclusive government use. Her majesty, by and with the advice and consent of the legislative assembly of manitoba, enacts as follows. Land acquisition rehabilitation resettlement act 20. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 also land acquisition act, 20 is an act of indian parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in india. Investigations for selecting land for public purpose. The act of 1870 was repealed and the act of 1894 was enacted for the purpose of facilitating acquisition of private land by the government for public purposes. A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to.
The supreme court has examined the meaning of public purpose visavis right to property of an individual as envisaged in our constitution. Application of section 3a where there is no development approval 3c. Land acquisition act need for an alternative paradigm mohammed asif land acquisition legislation in force today is a relic of the colonial era when the wishes of landowners could be ignored. The land acquisition act, 1894 page 1 of 25 the land acquisition act, 1894 act i of 1894 c o n t e n t s part i preliminary sections 1. This power connotes the legal capacity of the state to take the private property of individuals for public purposes. Despite stiff opposition from certain political parties, the act contains special provisions for the acquisition of land by the government on behalf of the private sector. Gazette, declare the purpose for which such land is required to be a public purpose. In this act, unless the context otherwise requires.
Act, 1894 allowed government to acquire private land for public purposes after paying. But the act of 1894 did not provide any opportunity to the landownerspersons having interest in land to raise objection against the acquisition of land. Matters to be considered by the state economic planning unit, or committee, etc. The right to fair compensation and transparency in land acquisition, rehabilitation and. The land acquisition act, 1984 i of 1894 2nd february, 1894 an act to amend the law for the acquisition of land for public purposes and for companies. Short title, extent and commencement 1 this act may be called the land acquisition act, 1894. The land acquisition act, 1894 by muhammad amir sohail.
Land acquisition act, 1894 page 1 bare acts in india. Publication of preliminary notification and powers of officers thereupon 5. Declaration that land is required for a public purpose. Also includes use by companies under certain conditions. Large scale acquisition of land, especially under special economic zone act, 2005 led to hue and cry.