Appointment of Committees, and Option to Lease in the Land Acquisition Act 2013

APPOINTMENT OF COMMITTEE AND AUTHORITY,

AND

EXERCISING THE OPTION FOR TAKING LAND ON LEASE

A major feature of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, (Land Acquisition Act 2013) is to provide for the establishment of National and State committees for reviewing and monitoring the implementation of rehabilitation and resettlement schemes and plans.

To provide speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, “the Land Acquisition, Rehabilitation and Resettlement Authority shall be established under a presiding officer”.

The Authority shall not be bound by any code of civil procedure but shall be guided by the principles of natural justice. Subject to the provisions of the Act and any rules made thereunder, the Authority shall have the power to regulate its own procedure. Jurisdiction of civil courts is barred, except as provided in Para 7 below.

Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for dealing with any objection arising out of any procedure. The Collector shall make a reference to the Authority within thirty (30) days. If he fails to make such reference within the stipulated time, the applicant may apply to the Authority requesting it to direct the Collector to make such reference.

While determining the amount of compensation to be awarded for the land acquired, including rehabilitation and resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under Sections 26 to 30 and the provisions under Chapter 5 of the Act.

In addition to the market value of land, as provided above, the Authority shall, in every case, award an amount calculated at the rate of twelve (12) per cent per annum on such market value... Read More

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