Private interests & public resistance
7 years, 7 months ago

Private interests & public resistance

The Hindu  

THE economic reforms that started in India in the 1990s have created a growing demand for land in anticipation of gains through land transactions. Land acquisition by the state and its redistribution in favour of private capital with the ostensible objective of industrialisation, resource extraction and material development, which has been characterised by scholars as “accumulation by dispossession”, triggered protests and resistance, and eventually the state was forced to balance the small-holders’ interests with the requirements of land for public purposes by enacting in 2013 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. Land acquisition, violence and ‘double movement’ The colonial government enacted the Land Acquisition Act in 1894 and invoked the “eminent domain” argument to acquire land for many government projects—railways and irrigation in particular. Two amendments passed in 1962 and 1984 to the Land Acquisition Act of 1894 specified the procedure for land acquisition for private companies, and as a consequence, instances of the state resorting to “eminent domain” to acquire land on behalf of the private sector have been more frequent than earlier. In its analysis of stalled projects, the Economic Survey 2015 did not even cite land acquisition as a factor for private sector projects.

India Land Acquisition Purpose Land Economic Private Companies Acquisition Projects Upa State Act Private Nda Stalled Projects Public Purpose Public Resistance Economic Surplus  acquisition  purpose  act  economic  amp  state  public  resistance  land  projects  interests  india  private

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
1 week, 1 day ago

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court

The Hindu  

The Supreme Court, in a judgment on Thursday, held that it was a fraud played on the State’s power of eminent domain if land acquired by the government for public purposes is transferred back to the original owner by the beneficiary of the acquisition through a private agreement. The verdict by a Bench of Chief Justice of India Sanjiv Khanna …

Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court
1 week, 1 day ago

Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court

Live Law  

The Supreme Court today ruled that land acquired by the government through its sovereign power of eminent domain for public purposes cannot be transferred back to the original owner by the beneficiary of the acquisition through private agreements.A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard a case in which the Delhi Agricultural Marketing. The Supreme Court …

Odisha govt. to return land acquired for Vedanta University project to original owners
4 months, 2 weeks ago

Odisha govt. to return land acquired for Vedanta University project to original owners

Deccan Chronicle  

Approximately 3,342.53 acres of private land had been acquired and allocated to the Anil Agarwal Foundation to establish the university. However, following a recent Supreme Court decision that upheld the Orissa High Court's ruling to return these lands, the government is now initiating the process of identifying displaced landowners and returning their property. Additionally, the government will restore any acquired …

Odisha moves to strictly weigh land requirement before acquisition
4 months, 3 weeks ago

Odisha moves to strictly weigh land requirement before acquisition

The Hindu  

The Odisha government is all set to strictly weigh requirement of land for different projects before giving administrative approval for their acquisition. After observing that the quantum of the land required for different projects were more than the actual requirement, the Revenue and Disaster Management department, which regulates land issues in the State, asked all departmental heads to apply due …

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
3 years ago

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

Live Law  

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which proposed to acquire certain land near the "Line of Actual Control" for meeting the purposes of the Indo-Tibetan Border Police. While affirming the defence'd needs …

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors
5 years, 6 months ago

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors

Firstpost  

The government has had an uninterrupted reign with land acquisitions for many decades, and only recently has their unbridled existence been challenged. “Even if farmers themselves want to buy more land, the land ceiling laws stop them.” It’s not surprising that no such restrictions apply to governments when they want to acquire land for contentious public purposes—broadly interpreted as projects …

Andhra Pradesh passes amendments to Centre's land acquisition law; a boost for private property rights
6 years, 8 months ago

Andhra Pradesh passes amendments to Centre's land acquisition law; a boost for private property rights

Firstpost  

Until the Centre passed this law, India followed the Land Acquisition Act of 1894, which was written expressly to allow the colonial regime to acquire land. Andhra Pradesh has passed an amendment to the Centre’s Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, after over two years of legal and constitutional challenges. This …

Legal challenges needed to protect land acquisition laws: Jairam Ramesh
8 years ago

Legal challenges needed to protect land acquisition laws: Jairam Ramesh

Live Mint  

New Delhi: Indian states that are watering down provisions of a land acquisition law are hurting farmers and risk facing more conflicts and legal challenges, said a former minister who helped frame the landmark law. India’s 2013 Land Acquisition, Rehabilitation and Resettlement Act replaced a colonial-era law with an aim to protect poor farmers. But states say the law slows …

Barring Odisha and Punjab, no state acquired land under UPA law - India TV News
9 years, 9 months ago

Barring Odisha and Punjab, no state acquired land under UPA law - India TV News

India TV News  

New Delhi: Except for Odisha and Punjab, no state has acquired land under the land acquisition Act of 2013, according to data furnished by 20 states to the Joint Committee of Parliament examining contentious amendments to the law. The states were asked by the panel to furnish the details of land acquired after the 2013 law came into force following …

Only benificiaries of land acquisition are big companies: Here's why
10 years ago

Only benificiaries of land acquisition are big companies: Here's why

Firstpost  

The key question in the land acquisition debate isn’t about “industry” or “farmers.” It is: who decides which is land is to be acquired? On SEZs, the CAG found that “land appeared to be the most crucial and attractive component of the scheme.” Eleven companies were checked; those eleven alone had raised Rs 6300 crore by mortgaging SEZ lands, of …

Rural India fights for its rights
10 years ago

Rural India fights for its rights

Al Jazeera  

Thousands march to New Delhi to protest proposed law change that would allow mass land evictions. Like thousands of other farmers from rural India, Mumat – from the state of Bihar – made the 1,000km-long trip to the Indian capital to protest proposed changes to a little known land law that he said would destroy his life. “I request the …

Cabinet approves amendment to Land Acquisition Act
10 years, 2 months ago

Cabinet approves amendment to Land Acquisition Act

India TV News  

New Delhi: The Union Cabinet on Monday approved a new ordinance to amend the Land Acquisition Act which would help remove barriers in sectors like power and housing for smoother continuation of the stalled projects. In a media interaction, finance minister Arun Jaitely said that the five areas were clearance for land for defence purposes, rural infrastructure, affordable housing and …

Realty sector welcomes amendments to Land Acquisition Act
10 years, 2 months ago

Realty sector welcomes amendments to Land Acquisition Act

The Hindu  

The decision by the Union Cabinet on Monday to take the ordinance route to bring amendments to the Land Acquisition Act has been welcomed by the Indian real estate sector. “It is a welcome development and will hopefully ensure that land acquisition is done for the desired purpose, that it is speedy and remains viable for the developer,’’ L.K.Jain, Chairman, …

Nod for ordinance to amend Land Act
10 years, 2 months ago

Nod for ordinance to amend Land Act

The Hindu  

Seeking to strike a balance between farmers’ welfare and the strategic and developmental needs of the country, the Union Cabinet on Monday urgently cleared an ordinance to unshackle defence, infrastructure and rural power projects caught in land acquisition procedures. Through this executive order, the Cabinet has amended the >Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement …

The New Land Acquisition Law: A Critical Review
10 years, 11 months ago

The New Land Acquisition Law: A Critical Review

Live Law  

The new land acquisition law came into force on 1stJanuary, 2014.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, replaces the Land Acquisition Act, 1894, which existed from colonial times.The new LARR Act is an attempt to revamp and make the land acquisition process more effective by addressing the major lacunae in the. This …

How new land acquisition law will delay, increase cost of projects
11 years, 6 months ago

How new land acquisition law will delay, increase cost of projects

Firstpost  

According to research and rating firm Crisil, the new legislation will lead to an increase in the gestation period of major projects and spike overall costs. The new land law, that will replace 120-year-old archaic regulations, is expected to delay and spike costs of major housing, infrastructure and industrial projects, experts and industry people say. “Cost of land will go …

The saga of land acquisition
11 years, 6 months ago

The saga of land acquisition

The Hindu  

With the passing of the Land Acquisition, Rehabilitation and Resettlement Bill by Parliament, a new chapter on the subject of land acquisition will begin in our country. The bill had to undergo much changes and had to embrace all aspects of acquisition, payment of fair amount of compensation and even rehabilitation of the owners relating to large areas of land …

Govt. agrees to amendments on acquisition of irrigation land
11 years, 6 months ago

Govt. agrees to amendments on acquisition of irrigation land

The Hindu  

The UPA government has agreed to two more amendments that the BJP had asked for to make acquisition of irrigation land easier and cheaper under the ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012.’ The agreement came after a meeting between Union Rural Development Minister Jairam Ramesh and leader of the Opposition in the …

Eminent domain lite
11 years, 6 months ago

Eminent domain lite

The Hindu  

So patently unjust was the colonial era Land Acquisition Act that it is hard not to consider the >Land Acquisition, Rehabilitation and Resettlement Bill passed by the Lok Sabha on Thursday a major improvement. Monetary compensation for acquired land has been pegged at twice the market value in urban areas and four times the market value in rural areas. The …

The great land grab
11 years, 10 months ago

The great land grab

The Hindu  

SHAKTI SINGH, the sarpanch of Jaspara village in Bhavnagar district of Gujarat, is an affluent farmer. One, the Gujarat Industrial Development Corporation already has enough land to spare, which is why a large “land bank” already exists; two, the Modi government has been compensating farmers at the existing high market rates; and three, the industrial development has been taking place …

Land Acquisition Bill may be re-introduced
12 years, 3 months ago

Land Acquisition Bill may be re-introduced

The Hindu  

The Land Acquisition Bill, which strengthens landowners’ rights during acquisition for development, has finally received the nod of the Union Cabinet, and is likely to be introduced in Parliament during the final week of the winter session. In a final compromise between Mr. Pawar’s views and those of UPA chief Sonia Gandhi, the bill now requires the consent of only …

Justice for the tiller's land
12 years, 10 months ago

Justice for the tiller's land

The Hindu  

The Parliamentary Standing Committee for Rural Development has made critical and bold recommendations to reduce the anomalies in the Land Acquisition, Rehabilitation and Resettlement Bill, and make acquisition fair and just. Not only has it strongly disagreed with the government's specious claim that land acquisition to aid for-profit private companies would constitute public purpose, it has also rightly recommended that …

Naveen government has misused Land Acquisition Act, says CAG
12 years, 11 months ago

Naveen government has misused Land Acquisition Act, says CAG

The Hindu  

The Comptroller and Auditor-General of India has found that the Naveen Patnaik government has ‘misused' the Land Acquisition Act for acquiring land for several big industrial projects, including the proposed mega steel plant by South Korean steel major Posco. “Emergency Provisions of Section 17 were misused and applied arbitrarily even without indicating detailed justification for the same and without fulfilment …

Industry against proposed law on land acquisition
13 years, 4 months ago

Industry against proposed law on land acquisition

The Hindu  

If the proposed law on acquisition of land is passed, it will be a setback to industrial, infrastructure and urbanization projects, business leaders said at the World Economic Forum's India Economic Forum on Monday. If there is forcible land acquisition, it should be difficult and expensive,” said Priya Hiranandani-Vandrevala, Founder and Chairman, Hirco Group, said, adding that it was unfair …

A better Land Acquisition Bill
13 years, 7 months ago

A better Land Acquisition Bill

The Hindu  

The longstanding demand to correct anomalies in the Land Acquisition Act and check its misuse, and the impending Uttar Pradesh Assembly election have compelled the United Progressive Alliance government to come up with a much-improved piece of legislation. In speedily reshaping the proposed Land Acquisition, Rehabilitation and Resettlement Bill, which has been placed in the public domain as part of …

Finally, UPA's promised land bill is in public domain
13 years, 7 months ago

Finally, UPA's promised land bill is in public domain

Firstpost  

The long-awaited bill is out. Here’s what Rural Development Minister Jairam Ramesh says on the new bill: • There is asymmetry of power and information between those wanting to acquire the land and those whose lands are being acquired. • Consent of 80 percent of the project-affected families is mandatory if the government acquires land for use by private companies …

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