Monday, 6 April 2015

Land Acquisition Act 2013 – Disabling and Restricting Government from Acquisitio

An Act Disabling and Restricting Acquisition by the Government even for Defence, National Security and emergency situations arising from Natural Calamities




It is noteworthy that the Land Acquisition Act, 2013, has a far and wide operation. It includes:
"…strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or state police, safety of the people…"

The Act says the provisions relating to land acquisition, compensation, rehabilitation and resettlement shall apply when the appropriate government acquires land for its own use, hold and control.  For these purposes also the Government has to consult the concerned Panchayat, Municipality, or Municipal Corporation at the village or ward level.

The Government needs to inform local people in the local language for commencement of consultation and of the social impact studies in a provided manner. The Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipalities or Municipal Corporation at the stage of carrying out the Social Impact Assessment study. The appropriate Government shall ensure the completion of this study within six months and it shall be made available to the public.


Now in this Assessment it will be decided as to whether the proposed acquisition serves public purpose, estimation of affected and likely to be displaced families, extent of lands, public and private houses, settlements and other common properties likely to be affected by the proposed acquisition, whether the extent of land proposed for acquisition is to the absolute bare minimum.... Read More