Land Acquisition Act India

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Evaluation of the Proposed Land Acquisition Bill

Table of Contents
1. Executive Summary……………………………………………………………………3 2. Chapter 1 : Land Acquisition Act 1894……………………………………………..4 1. The Land Acquisition Act in India
2. History of Land Acquisition Act
3. Amendments
4. Issues in Land Acquisition Act 1894
3. Chapter 2: Need for a new Law……………………………………………………..7 1. Need
2. Why a combined law ?
3. Scope of the Law
4. Chapter 3 : Salient Features of the Draft Land Acquisition and R&R Bill, 2011…..8 1. Protection of Interest of Land Owners and Those whose Livelihood Depends on Land. 2. Primacy to Rehabilitation & Resettlement

3. Clear Definition of “Public Purpose”
4. Urgency Clause
5. Compensation
6. Safeguards against Indiscriminate Acquisition
5. Chapter 4 :Advantages of new draft bill…………………………………………...11 6. Chapter 5: Critical Overview………………………………………………………….12 1. Limited Coverage
2. Issues regarding forced displacement has not been addressed 3. Delays in payment not been dealt
4. Why acquisition of land by state for private purpose?
5. What about asymmetry of power ?
6. The change of land use
7. Public Purpose Ambiguity
8. Issues of project affected people
9. Social Impact unanswered
10. Why difference in compensation & rehabilitation according to projects? 11. Displacement by natural calamities
12. Escalate housing price
7. Conclusion………………………………………………………………………………15 8. Bibliography………………………………………………………………………………...16

Executive Summary
Amid a raging controversy over land acquisition, Government has unveiled a new draft bill putting in place a transparent, legal framework aimed at giving adequate compensation to land owners and ensuring rehabilitation of those displaced. This report looks to critically analyze the proposed Land Acquisition and Rehabilitation and Resettlement Bill 2011.The draft Bill puts in place a new institutional mechanism to ensure that the Rehabilitation and Resettlement provisions are implemented effectively as an integral part of land acquisition. There are 18 other laws of the Central Government for land acquisition, however the draft Bill will enjoy primacy over all such specialized legislation that are currently in force. The draft bill proposes that the consent of 80 per cent of the project-affected families will be mandatory if the government acquires land for use by private companies for stated public purpose or PPP projects other than that for national highway. It also states that the public purpose once stated cannot be changed. The draft suggests that under no circumstances should multi-cropped, irrigated land be acquired. Most of such land lies in the Indo-Gangetic plains covering Punjab, Haryana, Uttar Pradesh, West Bengal and Bihar. The government will also not be acquiring land for private companies for private purpose. Despite all the changes made there are still limitations in the current form of the Bill. For one the bill does not address the problems with delays in payment and corruption within the system, also the principles of `no forced displacement’ or `free, informed prior consent’ have not been included in the draft Bill. However, our report concludes that with the necessary changes made, the bill will be able to provide answers to a lot of the problems that currently plague our Land acquisition process. The comprehensive nature of the bill should be able to provide a more acceptable solution to the Land Owner, Livelihood loser as well as Industry. If implemented in a manner which ensures transparency and efficient disbursement of compensation this bill could prove to be one of the most successful attempts to ensure social justice coupled with economic growth.

Chapter 1
Land Acquisition Act 1894
1. The Land Acquisition Act in India
The Land Acquisition Ac t of 1894 is a legal Act in India which allows the...
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