Land Acquisition Act: Ensuring Equitable Development Of Land Owners

Table of Content:

1. What is Land Acquisition Act?​
2. What is the Land Acquisition in India?​
3. Land Acquisition Act: Aim​
4. Land Acquisition Act in India: History​
5. Salient Features of Land Acquisition Act 1894​
6. Salient Features of Land Acquisition Act 2013​
7. Salient Features of LARR Act 2013​
8. What is the Difference Between the Land Acquisition Act 1894 and 2013?​
9. Land Acquisition Act: Issues​

The Land Acquisition Act in India refers to legislation governing the government's acquisition process of private land for public purposes. The act provides the legal framework for acquiring, compensating, and rehabilitating affected individuals or communities when their land is acquired. It outlines the procedures, principles, and conditions under which land can be acquired, as well as the determination of compensation for the landowners. The act aims to balance the needs of development projects and protect the rights and interests of landowners and affected parties.

India’s Land Acquisition Act 2013 seeks to maintain the process' transparency and equity for all participants. If you find the above mentioned information interesting, continue reading to discover more about land acquisition details in detail. 

What is Land Acquisition Act?

A Land Acquisition Act is a legal framework or legislation that governs the process of acquiring privately-owned land by a government or public authority for public purposes. These purposes may include infrastructure development, urban expansion, public utility projects, and other activities that serve the broader community or the national interest. The specific provisions and regulations of a Land Acquisition Act can vary from one country to another, reflecting the legal and cultural context of the nation. However, the fundamental objectives of such acts are typically to provide a structured and transparent process for land acquisition while ensuring fairness and protecting the rights of landowners.

What is the Land Acquisition in India?

Land acquisition in India is when the government legally buys privately-owned land for things like building roads, cities, and factories. It follows rules set out in the Land Acquisition Act of 1894. In 2013, a new law called the Right to Fair Compensation and Transparency in Land Acquisition Act was introduced to make sure landowners are treated fairly and get the right compensation. This process is important for India's growth, but it can be tricky to get it right because it needs to respect both the government's needs and the rights of the landowners.

Land Acquisition Act: Aim

• The Land Acquisition Act in India came into force to ensure the process was transparent and in consultation with all parties involved. 

• It ensures that families affected by the land acquisition are provided with fair compensation. 

• The act ensures in making sufficient provisions for the affected families' rehabilitation and relocation

Interesting Read: Power of Attorney Act In India

Land Acquisition Act in India: History

The history of the Land Acquisition Act in India can be traced back to the British colonial period. The first comprehensive legislation on land acquisition was enacted in 1894, known as the Land Acquisition Act of 1894. This act provided the legal framework for the government to acquire private land for public purposes, such as infrastructure development, industrial projects, and urban planning.

The Land Acquisition Act,1894 remained largely unchanged for several decades. However, over time, concerns arose regarding the displacement of affected individuals, inadequate compensation, and insufficient provisions for rehabilitation and resettlement. 

In response to these concerns, the Government of India introduced the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act (LARR Act) in 2013. The LARR Act sought to address the shortcomings of the previous legislation(Land Acquisition Act) and introduced several significant changes. It emphasized the need for consent and participation of affected individuals in the land acquisition process, enhanced compensation and rehabilitation provisions, and established a social impact assessment to assess the potential consequences of land acquisition.

However, the LARR Act faced criticism and challenges from various stakeholders, including concerns about delays and complications in the land acquisition process. In 2015, the government introduced amendments to the act to ease certain provisions and expedite land acquisition for specific categories of projects, including industrial corridors, infrastructure, and affordable housing.

These amendments, known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (Amendment) Act, 2015, aimed to strike a balance between the interests of development and the welfare of affected individuals and communities.

Interesting Read: Salient Features and Benefits of RERA Act

Salient Features of Land Acquisition Act 1894

Below were some of the salient features of land acquisition act 1894:

• The Act granted the government the authority to acquire privately-owned land for public purposes.

• The Act did not require landowner consent for acquisition, making it primarily a government-driven process.

• The Act did not include comprehensive provisions for the rehabilitation and resettlement of affected families.

• There was no requirement for a Social Impact Assessment (SIA) to evaluate the social and environmental impacts of land acquisition.

• There was no specific authority for grievance redressal, oversight, or monitoring of land acquisition.

Salient Features of Land Acquisition Act 2013

Below are some of the salient features of land acquisition act: 

• Land Acquisition Act of 2013 defines "public purpose" to include national security, housing for the poor, and disaster rehabilitation.

• Consent from landowners is crucial during land acquisition.

• Emergency acquisition for national security and disaster relief can be expedited.

• Limits on acquisition include not taking multi-cropped areas.

• Compensation is generous, with double the market value in urban areas and four times in rural areas.

• Each state sets up a Land Acquisition, Rehabilitation, and Resettlement Authority.

• Land acquired for a specific purpose cannot be repurposed unless deemed unsuitable.

• If no activity occurs on the land for five years, the original landowner regains ownership.

Salient Features of LARR Act 2013

In The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act (LARR Act), enacted in 2013, landowners have more power, and private/government entities are required to obtain the consent of the original landowners before acquiring land in a village or city. Below are some of the salient features of larr act 2013:

• For government acquisition of land for public infrastructure, no explicit consent is needed from the landowners.

• If the land is intended for private companies, the consent of 80% of the affected families is required.

• In the case of public-private partnership projects, a minimum of 70% of affected families must give their consent.

What is the Difference Between the Land Acquisition Act 1894 and 2013?

The Land Acquisition Act 1894 and the Land Acquisition Act 2013 are two different laws in India that govern the process of land acquisition by the government. 

Below, you will find how these two Land Acquisition Acts differs: 

1. Aim and Scope

The Land Acquisition Act 1894 was entirely focused on acquiring land for public purposes like infrastructure development, housing projects, or any other government-related projects.

The Land Acquisition Act 2013 has expanded the scope of the land acquisition act and introduced more provisions to protect the interests of landowners.

2. Compensation and Rehabilitation

Compensation under the Land Acquisition Act 1894 was based on the market value of land, with no rehabilitation or resettlement of affected landowners.

Compensation under Land Acquisition Act 2013 was mandated to be higher, which included an additional percentage of the market value and also provisions for rehabilitation and resettlement of affected land owners. 

3. Consent and Social

The Land Acquisition Act 1894 did not require any sort of consent of the owners or the conduct of social impact assessments for acquiring land. 

The Land Acquisition Act 2013 provided plenty of provisions to ensure that the act worked in favour of the land owners. The consent of specified percentage of affected families is mandatory for different types of projects. Conducting a social impact assessment in order to check the potential impact on livelihood and the environment is also mandatory. 

4. Process

The Land Acquisition Act 1894 had a simple and opaque process for acquiring land. At that time, under the Land Acquisition Act, the government played an integral role and held the powers while landowners were provided with limited opportunities. 

The Land Acquisition Act 2013 is more detailed. This Land Acquisition Act focuses on the importance of public hearings and the involvement of local authorities. Moreover, the Land Acquisition Act 2013 provides for the establishment of individual authority to check and adjudicate disputes related to the land acquisition process. 

Also Read: Land Measurement Units In India You Must Know About!

Land Acquisition Act: Issues

The Land Acquisition Act 2013 went through amendments in 2015, creating a few issues:

• The social impact assessment was mandatory for acquiring land in the Land Acquisition Act; however, it was removed for security, defence, rural development, and industrial corridor projects in the amendment.

• According to the latest amendment to the Land Acquisition Act, consent is no longer mandatory. It can now result in the forceful eviction of landowners without providing any proper alternate arrangements for their rehabilitation and settlement.

• The earlier Land Acquisition Act could not acquire the multi-cropped land; however, according to the latest amendment, the multi-cropped irrigated land can be acquired for security and infrastructural projects.

In today's digital age, if you face any discrepancy you can directly visit the Land Acquisition Portal i.e, https://bhoomirashi.gov.in/. It  provides a convenient and transparent platform for landowners, government entities, and stakeholders to engage in the land acquisition process under the Land Acquisition Act. This online portal facilitates smoother communication and information exchange, streamlining the entire process and enhancing accessibility for all involved parties.

Conclusion

The Land Acquisition Act in India aims at achieving sustainable development while ensuring justice, equity, and the social welfare of its citizens. The Land Acquisition Act has evolved over time to strike a balance between the development needs of the nation and the rights of landowners and affected communities. The act focuses on fair compensation, consent, social impact assessments, and rehabilitation measures, which shows its focus in safeguarding the interests and livelihoods of affected bodies.