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