Be it enacted by parliament in the sixtysixth year of the republic of india as follows. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill, 2015 seeks to. Right to fair compensation and transparency in land. The new land acquisition act act of 20 may be called here as. Recently, article 10a of land acquisition, rehabilitation and resettlement act, 20 was amended by an ordinance. Land acquisition bill amendment 2015 newindiaspeaks. Under the 1894 act, displaced people were only liable for monetary compensation linked with market value of the land in question, which. Act, as amended by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2015, shall be deemed to have been done or taken under the principal act, as amended by this ordinance. Bill seeks to ratify an ordinance or emergency executive order. It discusses in detail the provisions on public purpose, social impact assessment, compensation, and rehabilitation and resettlement. Lok sabha on 10 march 2015 passed the land acquisition amendment bill, 2015 by voice vote. Bikash kanungo promulgated through an ordinance, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill 12, 2015 or popularly phrased as just the land acquisition bill got cleared in the lok sabha on 10th march, 2015 amidst a united opposition from the rival political parties. Apr 26, 2015 what is the main strength of the 2015 land bill. Considered the biggest reform in land governance, a law that came into force in 20 was heralded as a step in the right direction.
Changing the existing law, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2015 or the land acquisition ordinance. Code of civil procedure to apply to proceedings before court. Under article 5a of the provisional constitution order 1999 i of 1999, as amended, read with article 270aa of the constitution of the islamic republic of pakistan, 1973, it shall not be subject to any. Act 486 land acquisition act 1960 arrangement of sections section 1. Land acquisition act an act to govern the acquisition of land for public purposes. President promulgated land acquisition amendment ordinance 2015. The land acquisition bill, 2015 muting out the plight of. Land acquisition, rehabilitation and resettlement second amendment act, 2015. Land acquisition ordinance, 2014 summary and important. In the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 hereinafter referred to as the principal act, for. Apr 17, 2015 the ordinance amends the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20.
The act shall apply when land is acquired for public purpose. Impact of the land acquisition bill, 2015 now, with the change of government, a new set of changes have been introduced to undo the effect of act of 20, through the enforcement of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2014. The new government passed an ordinance on land acquisition on 29th december 2014 introducing major changes to the 20 act. And resettlement amendment ordinance, 2015 4 of 2015.
Pdf comparative analysis of land acquisition acts in. Whereas the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 the rfctlarr act, 20 came into force from 1 st january, 2014, repealing the land acquisition act, 1894. In india, land acquisition has been brought out by a set of legislations. Jan 16, 2015 the larr act 20 excluded the acquisition of land for private hospitals and private educational institutions from its purview. 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. The larr act 20 excluded the acquisition of land for private hospitals and private educational institutions from its purview. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement bill, 20 was passed by parliament in september 20. In addition, procedural difficulties in the acquisition of lands required for important national projects are sought to be mitigated. When there is a requirement to acquire land in a mahaweli area special area, such a land can be acquired under the land acquisition act. While the larr act 20 was applicable for the acquisition of land for private companies, the ordinance changes this to acquisition for private entities.
An ordinance further to amend the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Land aquisition revenue department, government of himachal. The following amendments were circulated by the government on march 9, 2015. Change to public purpose the bill amends the act to include acquisition of land for private hospitals and private educational. The land acquisition act an act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes. The ordinance amends the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2015. Land acquisition under the national highways act 1956 comprehensive guidelines thereon dated 28. Land acquisition, rehabilitation and resettlement amendment act, 2015.
Larr act 20 was applicable to the private companies as defines in the companies act 1956 or under the societies registration act, 1860. Amendment bill, 2015 was introduced in lok sabha on february 24, 2015 to replace an ordinance. Matters to be considered by the state economic planning unit, or committee, etc. Further, amendment to this new legislation was brought by the new central government in december 2014 in the form of ordinance. Pdf comparative analysis of land acquisition acts in india. Land acquisition ordinance, 2014 summary and important articles.
Compensation and transparency in land acquisition, rehabilitation and. Rfctlarr amendment bill 2015 introduced in lok sabha no 20 of 2015. Amidst concerns around the broadened definition of public purpose for which land could be acquired by the government, the 20 legislation laid down an elaborate process including requiring consent from project affected people. What is actually the land acquisition bill 2015 and why.
The government tables the land acquisition amendment bill 2015 in the lok sabha, the day parliaments budget session begins. Nyerere, president 27th november, 1967 an act to repeal and replace the land acquisition ordinance, to provide for compulsory acquisition of lands for public purposes and in connection with housingschemes. Bill further to amend the right to fair compensation and transparency in land. Content on this website is published and managed by the departmentorganisation for any query regarding this website, please contact the web information manager. The enactment of the land registration law 2015 by lagos state is a bold attempt to provide a uniform platform for land registration in the state, considering the previous history of a fragmented and far from complementary land registration system. The land acquisition bill, 2015 muting out the plight of the. 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.
The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2015. The land ordinance is undemocratic, hazare says on feb. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 17. May 18, 2015 changing the existing law, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment ordinance, 2015 or the land acquisition ordinance.
The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill 2015, also known as land bill 2015 has been passed by the lok sabha on march 10, 2015 highlights of the land bill 2015. What is actually the land acquisition bill 2015 and why it. 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. I think that the two major changes that were made are removal of consent clause and social impact assessment now gove.
Iiprocedure for compulsory acquisition of land preliminaries to acquisition. Land acquisition act no 9 of 1950 land grants special provisions act no 43 of 1979 land resumption ordinance no 4 of 1887 land development ordinance no 19 of 1935 mahaweli authority of sri lanka act no 23 of 1979 national environmental act no 56 of 1988 prescription ordinance no. State govts acquire land by subverting rights and bending. 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. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Right to fair compensation and transparency in land acquisition. 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.
This process was mandated for each instance of land acquisition and rehabilitation be. Implicit rejection of 1894 land acquisition act at least 50 million people have been displaced by big dams, mines, factories, firing ranges since independence, all in the name of development. On 30 may 2015, president of india promulgated the amendment ordinance for third time. The right to fair compensation and transparency in land.
Land acquisition amendment bill, 2015 passed in lok sabha. This act was s ought to be replaced by the right to fair. The land acquisition act, 1894 laa 1894 is the first em inent domain act that came into being under the british rule. Valuers world view topic valuation for land acquisition. History 1894 land acquisition act, 1894 created by the british. Land acquisition ordinance repromulgated as amendment bill lies with joint parl. Land bill 2015 passed by lok sabha education today news. Mines and minerals development and regulation amendment ordinance, 2015. Mar 11, 2015 land acquisition amendment bill, 2015 passed in lok sabha.
The government made nine amendments to the bill, all of them were adopted. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind. In the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act. Valuation with reference to the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 20 trtfcat in larr act 20. Short title, extent and commencement l this act may be called he land acquisition act, 1894. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill, 2015 seeks to amend the act of 20 larr act, 20. Law of the land land acquisition ordinance, 2015 youtube. Larr act from the ordinance of 2014 to the pending bill 2015 with implied. The land acquisition act of 1894 allowed the government to acquire private lands. Land acquisition in india refers to the process by which the union or a state government in india. What this means is the colonial claim that the state has the preeminent right to decide what constitutes public interest a phrase that has served as loophole through which millions of.
The process under the land acquisition act must be followed, and all the notices, must contain the public purpose for which the land is being acquired. Land acquisition act of 1894 for long, until the right to fair compensation and. Apr 06, 2015 president of india pranab mukherjee on 3 april 2015 promulgated the right to fair compensation and transparency in land acquisition rehabilitation and resettlement larr amendment ordinance, 2015. Notice in case of suits for anything done in pursuance of act. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, nonprofit organisation, or other entity under any other law. Title of private company changed to private entity. The act regulates the acquisition of land for public purposes. Land acquisition in india is governed by many actslaws such as indian.
The land acquisition act, 1894 is that the primary legislation in india that deals with the. Larr act, 20 allowed acquisition of land for private hospitals and educational institutions. It is the only legislation pertaining to land acquisition which, though amended several times, has failed to serve its purpose. While the larr act 20 was applicable for the acquisition of land for private companies, the ordinance changes this to acquisition for private entities a private entity is. Investigations for selecting land for public purpose. 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 rfctlarr was passed by the parliament on september 5, 20 and came into force on january 1, 2014. This note tries to capture what has been attempted in the land acquisition act, 20 and the ordinance to amend it that has been hitherto promulgated thrice. In india, land acqu isition has been brought out by land acquisition act, 1894, land acquisition, rehabilitation and resettlement bill, 20 upa government, land acquisition, rehabilitation and resettlement ordinance, 2015 nda government. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act.
An act to amend the law for the acquisition of land for public purposes and for companies. The political turmoil resulting from land acquisition for mining and industrial projects led the upa government to undertake a wideranging overhaul of the land acquisition act, 1894, and the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20, larr act, 20 was enacted. The ordinance amending the land acquisition law 20. The act overrode the colonial land acquisition act laa, 1894 which. Article information, pdf download for the ordinance amending the land acquisition law 20. Larr act20 established an extremely complex and impractical land acquisition process.
The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, or rfctlarr act, replaces the colonial land acquisition act, 1894 the new law gives people a say in land acquisition and makes the. Application of section 3a where there is no development approval 3c. The strength of the 2015 land bill is its implicit rejection of the colonialera land acquisition act of 1894, with its concept of preeminent domain. Aug 05, 2015 the land ordinance is undemocratic, hazare says on feb. The land acquisition act 1894 was comprehensively amended in 20 which, among. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Rfctlarr act 20 amendment ordinance promulgated no 9 of 2014. Revised edition 2010 1983 published by the national council for law reporting with the authority of the attorney general. Resettlement act 20 land acquisition act to protect the interests of the affected families.
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