Land Acquisition and Rehabilitation and Resettlement Bill

Topics: Real estate, Agriculture, Market value Pages: 9 (3222 words) Published: March 5, 2013
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Land Acquisition, Rehabilitation and Resettlement Bill[1] in India is a much awaited bill for Land acquisition reforms and rehabilitation for the development projects in India. The bill was introduced in Lok Sabha in India on September 7, 2011.[2][3]The bill will be central legislation in India for the rehabilitation and resettlement of families affected by land acquisitions. The Land Acquisition, Rehabilitation and Resettlement, 2011 Bill is also known as LARR 2011. The Bill has 107 clauses. It is currently in public domain and India's parliament for review, as Bill number 77 of 2011. It is expected to be debated, revised and voted upon by about December 2011.

|Contents | |[hide] | |1 Purpose of the Bill | |2 Need for the Bill | |3 Content of the Bill | |3.1 Definition of Public Purpose | |3.2 Definition of Land Owner and Livelihood Loser | |3.3 Limits on Acquisition | |3.4 Compensation | |4 Criticism of the Bill | |5 See also | |6 References |

[edit] Purpose of the Bill

LARR 2011 seeks to repeal and replace India's Land Acquisition Act, 1894. The Bill seeks to enact a law that will apply when:[4] • Government acquires land for its own use, hold and control. • Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but excludes land acquired for state or national highway projects. • Government acquires land for immediate and declared use by private companies for public purpose. LARR Bill 2011 aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of those directly affected by the land acquisition in India. The scope of LARR 2011 includes all land acquisition whether it is done by the central government of India, or any state government of India, except the state of Jammu & Kashmir.

[edit] Need for the Bill

The Government of India claims there is heightened public concern on land acquisition issues in India. Of particular concern is that despite many amendments, over the years, to India's Land Acquisition Act of 1894, there is an absence of a cohesive national law that addresses:[4] • fair compensation when private land is acquired for public use, and • fair rehabilitation of land owners and those directly affected from loss of livelihoods. The Government of India believes that a combined law is necessary, one that legally requires rehabilitation and resettlement necessarily and simultaneously follow government acquisition of land for public purposes.

[edit] Content of the Bill

[edit] Definition of Public Purpose

Clauses 2 and 3 of LARR 2011 define the following as public purpose for land acquisition within India:[5] • Acquisition of land for purposes relating to the armed forces of India, national security or defence, police, safety of the people; • Acquisition of land for railways, highways, ports, power...
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