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Land acquisition act 1894- 2013 Slide 1 Land acquisition act 1894- 2013 Slide 2 Land acquisition act 1894- 2013 Slide 3 Land acquisition act 1894- 2013 Slide 4 Land acquisition act 1894- 2013 Slide 5 Land acquisition act 1894- 2013 Slide 6 Land acquisition act 1894- 2013 Slide 7 Land acquisition act 1894- 2013 Slide 8 Land acquisition act 1894- 2013 Slide 9 Land acquisition act 1894- 2013 Slide 10 Land acquisition act 1894- 2013 Slide 11 Land acquisition act 1894- 2013 Slide 12 Land acquisition act 1894- 2013 Slide 13 Land acquisition act 1894- 2013 Slide 14 Land acquisition act 1894- 2013 Slide 15 Land acquisition act 1894- 2013 Slide 16 Land acquisition act 1894- 2013 Slide 17 Land acquisition act 1894- 2013 Slide 18 Land acquisition act 1894- 2013 Slide 19 Land acquisition act 1894- 2013 Slide 20 Land acquisition act 1894- 2013 Slide 21 Land acquisition act 1894- 2013 Slide 22 Land acquisition act 1894- 2013 Slide 23 Land acquisition act 1894- 2013 Slide 24 Land acquisition act 1894- 2013 Slide 25 Land acquisition act 1894- 2013 Slide 26 Land acquisition act 1894- 2013 Slide 27 Land acquisition act 1894- 2013 Slide 28 Land acquisition act 1894- 2013 Slide 29 Land acquisition act 1894- 2013 Slide 30 Land acquisition act 1894- 2013 Slide 31
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Land acquisition act 1894- 2013

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Land Acquisition Act, 1894 & LAAR Act, 2013
CASE EXAMPLE –TEHRI DAM

Land acquisition act 1894- 2013

  1. 1. Land Acquisition Act 1894 PRESENTED BY : AARUSHI RAWAT (A-16) AYUSHI YADAV (A-14) NIDHI (B-21)
  2. 2. History • The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. • Acquisition of land for some public purpose by a government agency from individual landowners, as authorized by the law, after paying a government-fixed compensation to cover losses incurred by landowners from surrendering their land to the concerned government agency.Purpose • Developed as a legislation to acquire land mainly for the developing the railways network. • Indian government accepted the Bill with a few minor amendments in its indigenous form.
  3. 3. Land Acquisition Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialization, development of infrastructural facilities or urbanization of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement.  Eminent Domain (US)  Compulsory Purchase (United Kingdom, New Zealand, Ireland)  Resumption (Hong Kong)  Compulsory Acquisition (Australia)  Expropriation (South Africa, Canada)
  4. 4. History 1894 • Land Acquisition Act, 1894 created by the British. 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 . 2015 • Modi Government wants to make some further amendments to the Bill.
  5. 5. OBJECTIVE  To provide a law which will enable the State to acquire the land of others for public purposes and for companies.  Act also states provisions relating to taking over of possession and payment of compensation whose land is acquired.  Provisions of the Act relating to acquisition of Land are substantive and those related to taking over of possession and payment of compensation are subsidiary.
  6. 6. WHENAPPLICABLE/ REQUIRED  Whenever, it appears to the Government that the land is required for a) Public Purpose, or b) Company.  Company means Company as defined under Section 3 of the Companies Act, 1956 (except the Government Companies) and includes a society and Cooperative society registered under relevant law.
  7. 7. WHENAPPLICABLE/ REQUIRED  Public Purpose defined under Section 3 (f) of this Act, means which is in interest of public at large such as:  town or rural planning  Corporation owned or controlled by State  Residential purpose to accommodate people affected by any scheme of the government, or natural calamity, or who are poor and landless.  This is an inclusive list and not exclusive.
  8. 8. Preliminary Notification Survey and Analysis Objections to Collector Hearing and Report Declaration of Requirement Acquisition of Award Possession PROCESSOFREQUISITION
  9. 9. DRAWBACKS OF 1894 ACT  The term “public purpose” was ambiguous and open to Government’s discretion  Land could be acquired forcibly.  They were given no voice in decision making.  Government was free to decide how much money to pay while acquiring private land.  No such restrictions on fertile land  If project did not start, then acquired land was secretly sold/leased to private players at sky-high prices.
  10. 10. Five Special Sectors mentioned • Defence. • Rural Infrastructure. • Affordable housing. • Industrial corridors.(amended finally) • Infrastructure projects including PPP projects where Central government owns the land.(amended finally)
  11. 11. Land Acquisition and Rehabilitation and Resettlement Bill (LARR) Act, 2013
  12. 12. SALIENT FEATURES OF LARR – 2013  Social impact assessment (SIA) even need to obtain consent of the affected people, labourers, share-croppers, tenant farmers, fishermen, small traders, etc. whose (sustainable) livelihood will be affected because of the given project.  Compensation proportion to market rates. 4 times the market rate in rural area. 2 times in urban area. Affected artisans, small traders, fishermen etc. will be given one-time payment, even if they don’t own any land.  If project doesn’t start in 5 years, land has to be returned to the original owner.
  13. 13. To ensure food security: 1. Fertile, irrigated, multi-cropped farmland can be acquired only in last resort. 2. If such fertile land is acquired, then Government will have to develop equal size of wasteland for agriculture purpose.  Clearly defines various types of “public purpose” projects for which, Government can acquire private land.  Land Acquire only when o For private project, 80% affected families must agree. o For PPP project, 70% affected families must agree.
  14. 14. ACQUISITION Govt. Acquires For Own Use Ultimate Aim To Transfer To Private/PPP – Public Purpose Immediate Use Of Private – Public Purpose 80% Projects Affected Families Give Prior Consent
  15. 15. PROCESS OFREQUISITION
  16. 16. Land Acquisition Act, 1894 & LAAR Act, 2013
  17. 17. Comparison b/w 1894 & 2013 Act
  18. 18. Comparison b/w 1894 & 2013 Act
  19. 19. Comparison b/w 1894 & 2013 Act
  20. 20. LAAR (Second Amendment) Bill, 2015
  21. 21.  1894’s land act was bogus and exploitive. So Congress government enacted new law in 2013, with provisions for social impact assessment, fair compensation, dispute settlement and other fancy things.  LARR-2013 Act became effective from 1st January 2014.  But, this LARR Act-2013 established an extremely complex and impractical land acquisition process.  Litigation: because local (and therefore corruption) Patwari and Tehsildars never maintain proper land records of who owns how much land.  This raised the land prices, red tapism and thus the overall project cost.  Neither the farmer could sell its land and move to urban areas, nor the entrepreneur could buy the land and move towards rural areas.  Combined with Environment-activism and policy paralysis of UPA regime, the end result was infrastructure bottleneck, high inflation.
  22. 22. Lapse of ORDINANCE  The Ordinance Was Lapsed On August 31, 2015.  The Ordinance Proposed By Modi Govt. Was Considered To Be Anti Farmer.  Faced Lot Of Protest By Farmers And Political Parties.  Political Benefits.  And so LARR Act-2013 is Applicable .
  23. 23. Criticism • Congress, Trinamool Congress, Samajwadi Party, RJD and BJD walked out of the House. • Congress and other parties are accusing the bill to be "pro- corporate" and "anti- farmers". • NDA ally Shiv Sena abstained from the voice vote of the Bill in lower house. • Several farmers organizations staged rallies against the Bill
  24. 24. Results • Opposition had moved 52 amendments, which were either negated or were not pressed for by the members. • In an attempt to placate the opposition and some unhappy allies, government brought 9 official amendments. • Bill was finally passed in the Lower house. Trinamool congress MPs staging a walkout
  25. 25. • The bill is now set for the real test in Rajya Sabha where the NDA is in a minority and opposition is united in opposing it or sending it to a Parliamentary Committee. • Final list of 9 amendments • 1. Social infra under PPP no more in exempted category 2. Panchayat's nod may be mandatory for acquiring tribal land 3. Govt may acquire land for govt bodies, corporations 4. Farmers may get right to appeal/complain over land acquisition hearing and redressal of grievances at the district level 5. Ceiling on land for acquisition in industrial corridors 6. Hassle free mechanism for grievance redressal of land losers 7. Replace term 'private entity' with 'private enterprise' 8.Limiting the industrial corridor to one km on both the sides of the highways and railway lines 9.Compulsory employment to one member of the affected family of farm laborers.
  26. 26. The Tehri Dam on India’s Bhagirathi River, the main tributary of the Ganges, is one of the world's largest and most controversial hydroelectric projects. Under construction since 1978, the final phase of reservoir filling is scheduled to start by December 2002. Within six months the homes and lands of around 100,000 people would be submerged. Power production is planned to begin in August 2003. Tehri is located 200 miles north east of Delhi, in the state of Uttaranchal. With a height of 260 meters (855 feet), the dam will be the fifth tallest in the world. Its reservoir will completely submerge Tehri Town and 40 villages, and partially submerge 72 villages. The two lower tunnels of the dam were closed in December 2001 submerging the main bridge leading to Tehri town and nearby areas. The last two tunnels, which are at a higher level, are scheduled to be closed by December 2002. This will result in complete submergence of Tehri Town and surrounding villages. CASE EXAMPLE – TEHRI DAM
  27. 27. The Rehabilitation Plan has been broadly divided into Rural Rehabilitation and Urban Rehabilitation. Affected families under Rural Rehabilitation are categorized as "Fully affected"or "Partially affected". The families whose 50% or more land is being acquired are treated asfully affected. Those families whose less than 50% land is coming under submergence arecategorized as- "Partially Affected". In case of urban population of Tehri Town, all 5291 families living in theTown as on the cut-off date of 06.06.1985 are treated as fully affected.Under Rural Rehabilitation, there are 5429 Fully Affected families due to Tehri Dam, which areto be rehabilitated. Another 3810 rural families are Partially Affected and are not going to bedisplaced; they would be paid cash compensation for their land under submergence. The Rehabilitation Plan :
  28. 28. BROAD FEATURES OF REHABILITATION POLICY The basic principles that had guided the formation of the Rehabilitation Policy are: Rural oustees to be compensated through allotment of agricultural land or cash inlieu thereof.b. The rural oustees should be settled in large blocks so that the fabric of their sociallife remains intact.c. Oustees or their representatives be involved to the extent possible in selecting therehabilitation centers.d. To the extent possible, consideration be given to the preference of the oustees forsettlement at a particular centre.e. Community facilities be provided at each of the rural rehabilitation centers at thecost of the project even if these did not exist at their earlier settlements.
  29. 29. IMPROVEMENTS IN R&R PACKAGE FROM TIME TO TIME The rehabilitation work of the Project affected families was commenced by the Govt. of U.P.when the Project was under them. The Rehabilitation Policy including the location of New TehriTown(NTT) had been evolved and decided by the State Government of U.P. after interaction with therepresentatives of the local population. After the incorporation of THDC, the rehabilitationwork was handed over to the THDC in 1990. CORRUPTION : The Central Bureau of Investigation is currently investigating six cases of corruption against highranking officials of THDC for embezzlement of public money. The Hanumantha Rao Committee report expressed concern about the high incidence of corruption in the rehabilitation process.
  30. 30. Displacement and Rehabilitation : Although land acquisition started in 1979, resettlement of affected people is far from complete. There is no master plan for rehabilitation nor even a clear estimate of the number of people affected. Past estimates range from 67,500 to 97,000. According to the 2002 Status Report of the Public Works Department of Tehri, the Dam will displace 12,547 families. This estimate excludes a large number of people who will lose their lands but have not been officially recognised as project-affected. Among those officially recognised, only half of the fully affected, and very few of the partially affected families have been resettled. In most cases the land allotted is of poor quality or with multiple ownership claims.
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Land Acquisition Act, 1894 & LAAR Act, 2013 CASE EXAMPLE –TEHRI DAM

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