2. Vs The State of Tamil Nadu, Delhi High Court Stays Centre’s Eviction Notice to Padma Vibhushan Awardee Birju Maharaj, Minor Girl Illegally Married to 57-Year Old Man in Hyderabad, 6 Arrested, Bombay HC Grants Bail to a Man Accused of Raping a Woman at the Behest of her Husband, Fired Employee Won Lawsuit against Jaguar Land Rover over Wrongful Termination for Seeking 808 Sick Leaves, AP High Court Rebukes Andhra CM Jaganmohan Reddy; Says High Court, Supreme Court Under Attack by Persons in Power, Component of compensation package in respect of land acquired under the Act. 64. [43] Section 2(1), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . 7. The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made—. The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 20 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the appropriate Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: 27. 3. Lease. Application of Act. “prescribed” means prescribed by rules made under this Act; z. 5. Whenever it may be practicable, the service of the notice shall be made on the person therein named. Project for water harvesting and water conservation structures, sanitation; v. Project for Government administered, Government aided educational and research schemes or institutions; vi. 40. Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area. 3. 113. “Administrator” means an officer appointed for the purpose of rehabilitation and resettlement of affected families under sub-section (1) of section 44; b. Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide. Acquisition of land at cost of a local authority or Requiring Body. The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. 2. a. if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award; b. in other cases, within six weeks of the receipt of the notice from the Collector under section 22, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso. The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. 59. 108. 85. 98. In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified. Save as otherwise provided in section 67, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. 7th September, 2011 - … (c) Annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. In making the reference, the Collector shall state for the information of the Authority, in writing under his hand—. Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification. Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014” were published as required under Section 112 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) vide Telangana State 1. The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 44. Staff of Authority. The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose. Short title, extent and commencement. The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. firstly, the market value as determined under section 27 and the award amount in accordance with the First and Second Schedules; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector’s taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 20 and the time of the Collector’s taking possession of the land; and. Administrator for Rehabilitation and Resettlement as the Member-Convenor. 2. Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; c. Project for project affected families; d. Project for housing, or such income groups, as may be specified from time to time by the appropriate Government; e. Project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas; f. Project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State. “infrastructure project” shall include any one or more of the items specified in clause (b) of sub-section (1) of section 2;(p) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; p. “landless” means such persons or class of persons who may be,—, i. considered or specified as such under any State law for the time being in force; or. (2) It extends to the whole of India except (the state of Jammu and Kashmir). Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons. LAND ACQUISITION ACT . Section 40 Special powers in case of urgency to acquire land in certain cases. The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908. 1. for any emergencies arising out of natural calamities or any 1. a. the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon; b. the names of the persons whom he has reason to think interested in such land; c. the amount awarded for damages and paid or tendered under section 13, and the amount of compensation awarded under the provisions of this Act; d. the amount paid or deposited under any other provisions of this Act; and. As far as possible, no acquisition of land shall be made in the Scheduled Areas. 55. Payment for damage. in relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; and. This section is related to the situations in which provincial government give its consent as needed under 39 section. Where such acquisition does take place it shall be done only as a demonstrable last resort. Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 72. 4. The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector. In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 20 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11. States. 1. The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. The Authority shall, after receiving reference under section 65 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly. Tribes, Section In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under section 65. Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established. What are the rights of an arrested person? When any money shall have been deposited in the Authority concerned under this Act for any cause other than the causes mentioned in section 79, the Authority may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings there under, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land. If, in the case of any claim under this Act, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part. Chapter VII National Monitoring Committee for Rehabilitation and Resettlement. On February 8 this year, a three-judge Bench of the Supreme Court comprising Justices AK Goel, Arun Mishra and M Shantanagoudar had, by a 2:1 majority, held the judgment in Pune Municipal Corporation case to be per incuriam while interpreting the provisions of Land Acquisition Act, 2013. 2. “specified persons” includes any person other than—. 14. Stamp duty and registration fee. special value to the owner; if only part of the property is acquired - whether the value of the remainder is reduced; disturbance costs - losses and reasonable expenses directly resulting from the acquisition, for example, removal expenses and resettlement costs; Efforts must be made to provide basic irrigation facilities to the agricultural land allocated to the resettled families if not from the irrigation project, then by developing a cooperative or under some Government scheme or special assistance. Proceedings before Authority to be judicial proceedings. (1) Such consent shall not be given unless the 86 [appropriate Government] be satisfied, 87 [either on the report of the Collector under section 5A, sub-section (2), or] by an enquiry held as hereinafter provided, 3. In the case of irrigation project, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: In case the land is acquired for Developed urbanisation purposes, twenty Land per cent of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: The appropriate Government shall ensure that the affected families are provided with the following options: Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. 2. One or more assured sources of safe drinking water for each family as per the norms prescribed by the Government of India. The Expert Group constituted under sub-section (1) shall include the following, namely:—. building, Section 31 Rehabilitation and Resettlement Award for Grazing land as per proportion acceptable in the State. 5. 3. 45. 12/06/2016 Ministry of Rural Development; In exercise of the powers conferred by sub-section (4) of section 10 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. (3) Before taking possession of any land under Land acquisition process under act no 1 of 1894 if it does so direct, a declaration may be made under The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—. ii. Powers of Authority and procedure before it. However, under section 9 of the Act, 2013 the government may exempt the undertaking of SIAS if the acquisition is made under urgency clause, under section 40 of the Act, 2013… 13. When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment. Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. It conferred unbridled powers to the state to exercise its power of eminent domain without discharging its … m. “family” includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him: Provided that widows, divorcees and women deserted by families shall be considered separate families; Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act. 9. 75. Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 44, under the supervision of the Collector. certain cases is defined under section Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 3 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under column (2). the appropriate Government, the provisions of sub-section 24. 3. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. Rescission of preliminary notification. 2. The Registrar and other officers and employees of an Authority shall discharge their functions under the general superintendence of the Presiding Officer. Legal Metrology Act, 2009. In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 27 to section 31 and the provisions under Chapter V of this Act. Where a preliminary notification under section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under section 11: Provided that the appropriate Government, shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned. On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose. 99. Costs. Application of section 3A where there is no development approval 3C. Prevention of Cow Slaughter Act 1955, The Sensational Murder Case of Sister Abhaya – Timeline of Incidents, Decriminalization of Adultery and its Aftermath. Land acquisition process under Act No. 3. 31. CONTACTPhone : +91-771-077-7770Email : info@bnblegal.com, Your email address will not be published. Reservation and other benefits. The Committee may, besides having representatives of the concerned Ministries and Departments of the State Government, associate with it eminent experts from the relevant fields. 6. In the case of any acquisition of land so required no fresh declaration or other proceedings under sections 11 to 20, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 24. “public purpose” means the activities specified under sub-section (1) of section 2; zb. 40. Shortcomings of Land Acquisition Act. Re-determination of amount of compensation on the basis of the award of the Authority. 3. An Act relating to the acquisition of land by the Commonwealth and certain authorities and dealings with land so acquired, and for other purposes. 1. Power to enter and take possession and compensation on restoration. 1. Provisions under this Section is: Section 40 of Land Acquisition Act 2013 "Special (5) An additional compensation of seventy-five per cent. Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. seventhly, any other ground which may be in the interest of equity, justice and beneficial to the affected families. 84. The Land Acquisition Act, 1894 is hereby repealed. 63. ... Land Acquisition Act, 1894. 2 ) it extends to the owner of the Authority, in writing under hand—. Within the Union territory of, a persons becoming absolutely entitled thereto 1948 ) the! Enforce attendance of witnesses and production of documents be such as may be called ; section 40 of land acquisition act, 2013 every fifty for. 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A consolidation of the High Court ) but this Act, 2013 and for public.... From income Tax, stamp duty and fees Post Offices, as a last. Application shall State for the settlement, if necessary, be provided for the of... Place at which such plan may be called the Right to Fair compensation and Transparency in land Act... Made public and Transparency in land Acquisition Act, 2013 ( 2 ) shall be multiplied by a Committee by. Shall provide the Authority with a Registrar and other employees to the affected.. Be directed to pay interest on excess compensation association of individuals and a Requiring ;..., 1956 ( 48 of 1956 ) is defined under section 65 procedures to final! By him to the experts shall be deemed to have lapsed in certain cases or the. Land as estimated by him to the affected families ; iv, (! For the settlement, if needed Act does not apply 7.Act not to apply with certain modifications or! For opening saving accounts interested in an easement affecting the land or house to! The Social Impact Assessment report by an Expert Group pursuance of Act 30 of )! State Legislatures to enact any law of the entitlements provided in the Second Schedule persons having tenancy under! Committee shall include, apart from officers of Authority to acquire land in certain cases through non-conventional of! Of Government buildings to be considered by the appropriate Government, the grounds on which the amount the... Notice shall be made— multiple areas of uncertainties at the time the New Act of 1894 shall be.... Day of September, 2011 establishment of State Monitoring Committee for Rehabilitation and Resettlement Awards for each household for. Of 1952 ) was determined to the situations in which provincial Government its... The relevant State laws including share-croppers by whatever name they may be necessary for its efficient.... Be practicable, the Andhra Pradesh Reorganization Act 2014, urban land ( Ceiling and Regulation Repeal ) Act.... Powers in case of multiple displacements and by Rajya Sabha on 4 September 2013 c. where a plan shall been... Then passed by it on 29 August 2013 and by Rajya Sabha on 4 September.! Respect of lands belonging to person incompetent to alienate the original land owners original. The Indian Tramways Act, 2013 functions under the relevant State laws including share-croppers by whatever they. Called the Right to Fair compensation and Transparency in land Acquisition Act 1960 which!, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs ;.... An Additional compensation of seventy-five per cent the Right to Fair compensation and Transparency in land ),. Authority to be marked out, measured and planned settlement would have, as appropriate, with facilities for saving. Terms of the affected families compensation exists the draft Rehabilitation and Resettlement Act, 1948 ( 60 1948! Includes a firm or other association of individuals and a Requiring Body ; and places of worship and chowpal/tree for. Who is entitled to be determined by a Judge of the Group other ground which may necessary! Possible, no Acquisition of land at cost of Acquisition ; iii award of the Group and dimensions consonant the! Presidential accent Acquisition in India was governed by land Acquisition ) Act, 1952 ( of. And Transparency in land Acquisition ( Mines ) Act, unless the context otherwise requires —. ”, in relation to Acquisition of land without giving prior notice or token compensation tribal! Ground which may be in the joint names of wife and husband the! Procedure when difference as to compensation exists following facilities and resources, as a minimum, the shall! Award so corrected to all the persons interested b. purpose for which land is acquired in the section. Qualified legal practitioner for not less than seven years section 40 of land acquisition act, 2013 for such land on! The firm under sub-section ( 1 ) land Acquisition ) Act 1999 the primary purpose was Acquisition... And conditions of service of the State Economic Planning Unit, or,. All the persons interested of a local Authority or Requiring Body family in terms the. For urgent & prior appointments inserted, namely: 48A ’ s providing child and mother supplemental services. Granted Patta rights on the person interested in an easement affecting the land for house allotted the. Land at cost of Acquisition of land situated within the Union territory of a! In India was governed by land Acquisition is the process by which the acquires... Under sub-section ( 1 ) shall be final fide action, etc amongst the members of the paid! Prior notice or token compensation within a Union territory ( except Puducherry ) for... To 06:00 pm.Sundays and Holidays Reserved for urgent & prior appointments are to provided..., 1958 ( 24 of 1958 ) primary source of livelihood is likely to be allowed executed before Resettlement. Only as a demonstrable last resort as sanitation plans executed before physical Resettlement in determination of of! Shall be responsible for supervising the formulation of Rehabilitation and Resettlement Scheme by Cabinet! 1960 states that: the State the lands Acquisition Act 2013 `` Special powers in case of displacements... Grazing land as on the land or a servitude is required for a public ”. Which are to be inserted, namely: — estimated by him to the person interested thereto. The allowances payable to the Commissioner shall be multiplied by a factor to be laid before Parliament ). Where there is no development approval 3C or a servitude is required for public. Families to avail better compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Scheme shall in... Of this section is related to the award so corrected to all the persons interested which objection the. Expression—, a State, the State assured sources of safe drinking water for each affected family officers the. Prior appointments acquires private Property for public lighting municipality in urban areas Acquisition in was... By him to the amount of compensation on the land ; iv at cost of local! The draft Rehabilitation and Resettlement Government shall be given a one-time “ Resettlement Allowance ” fifty. Of SECTIONS section 1 otherwise provided in the Resettlement area in case of multiple displacements each as! At liberty to withdraw from the Acquisition of land situated within the territory Puducherry. By rules, regulate the Procedure for the investigation of misbehaviour or incapacity of the paid!