Eminent domain lite
11 years, 7 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 new law does well to provide farmers with 20 per cent of their acquired land developed for urbanisation purposes, but is otherwise silent on how the benefits of higher future land values could be shared with all those whose land is acquired. The new law mandates that all the land within an area can be acquired for private projects once at least 80 per cent of the landowners agree to sell.

Land Acquisition Land Bill Acquired  eminent  lite  rehabilitation  projects  market  law  private  value  acquisition  domain  land  acquired  farmers

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
1 week, 6 days 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 …

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court
3 months, 2 weeks ago

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court

Live Law  

The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution.While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held:The right guaranteed under. The Calcutta High …

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
3 months, 2 weeks ago

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court

Live Law  

Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The appellants, who had not filed a reference under Section …

"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 …

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation
3 years, 7 months ago

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation

Live Law  

A writ petition has been filed before the Kerala High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation. It was additionally …

Can Lapse Of Acquisition After Taking Possession Of Land Be The Legislative Intent? SC In Indore Development Authority Case
5 years, 4 months ago

Can Lapse Of Acquisition After Taking Possession Of Land Be The Legislative Intent? SC In Indore Development Authority Case

Live Law  

The Constitution Bench of the Supreme Court on Thursday continued the hearing in the Indore Development Authority case on the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. Again, on Thursday, it was suggested by another advocate that the indices of physical possession and compensation are individualistic and …

Explained | What is the furore around the land law case?
5 years, 5 months ago

Explained | What is the furore around the land law case?

The Hindu  

The story so far: At one level it is a legal issue over the interpretation of a provision in the new land acquisition law of 2013. The reason is that the judge concerned, Justice Arun Mishra, of the Supreme Court of India, had overruled a precedent that had held good for four years and given a new interpretation, but was …

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors
5 years, 7 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 …

Private interests & public resistance
7 years, 8 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 …

Parliamentary panel to invite states to present views on land acquisition bill
7 years, 10 months ago

Parliamentary panel to invite states to present views on land acquisition bill

Firstpost  

A parliamentary panel reviewing the 2013 land acquisition bill will invite all states to present their views on its consent and social impact assessment clauses New Delhi: A parliamentary panel reviewing the 2013 land acquisition bill will invite all states to present their views on its consent and social impact assessment clauses. The Joint Committee on the Right to Fair …

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 …

Land ordinance to be re-promulgated again
9 years, 10 months ago

Land ordinance to be re-promulgated again

The Hindu  

The Union Cabinet has recommended re-promulgation of the controversial land acquisition ordinance for the third time in five months on Saturday. Opposition leaders stressed that it was improper to recommend re-promulgation of the ordinance as a 30-member Joint Committee of Parliament was currently deliberating on changes sought to be made in the Land Acquisition Act, 2013. While CPI MP – …

Land acquisition bill in Lok Sabha today- India TV News
9 years, 10 months ago

Land acquisition bill in Lok Sabha today- India TV News

India TV News  

New Delhi: The land acquisition bill is being brought in Lok Sabha today with the government seeking to give another push to the controversial measure despite not having the numbers in the Rajya Sabha. The bill, which was passed by Lok Sabha in March, could not be taken up in the Rajya Sabha following which the related Ordinance had to …

Demystifying the Land Acquisition Ordinance: Social Impact
10 years ago

Demystifying the Land Acquisition Ordinance: Social Impact

The Quint  

Modi is right to hang tough on the Land Acquisition Ordinance despite the Opposition hullabaloo. The Modi Government’s Land Acquisition Ordinance in force has made the enhanced compensation formula, enacted in the 2013 law, applicable across the board to ALL land acquisition by the Government, without exception. The compensation rates applicable under the Ordinance are twice the going rate for …

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 …

Land bill passed in Lok Sabha
10 years ago

Land bill passed in Lok Sabha

The Hindu  

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2015, popularly known as the land bill, was adopted by the Lok Sabha after debating it for two days. Minister Chaudhary Birender Singh moves the land acquisition and rehabilitation amendment bill. "A strong contingent of bureaucrats from Haryana have held that the consent clause and SIA …

Demystifying the Land Acquisition Ordinance: Social Impact
10 years ago

Demystifying the Land Acquisition Ordinance: Social Impact

The Quint  

Modi is right to hang tough on the Land Acquisition Ordinance despite the Opposition hullabaloo. The Modi Government’s Land Acquisition Ordinance in force has made the enhanced compensation formula, enacted in the 2013 law, applicable across the board to ALL land acquisition by the Government, without exception. The compensation rates applicable under the Ordinance are twice the going rate for …

Government approves ordinance to amend Land Acquisition Act; Changes to come into effect from 01.01.2015 [Read the Ordinance]
10 years, 3 months ago

Government approves ordinance to amend Land Acquisition Act; Changes to come into effect from 01.01.2015 [Read the Ordinance]

Live Law  

The Union Government has approved the promulgation of an ordinance to amend the Land Acquisition Act, 2013, by including five new categories of projects that would not require prior consent from affected families as well as Social Impact Assessment. These include Land Acquisition Act 1885, Atomic Energy Act, 1962, Railway Act 1989, National Highways Act 1956 and Metro Railways Act, …

Cabinet approves amendment to Land Acquisition Act
10 years, 3 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 …

Nod for ordinance to amend Land Act
10 years, 3 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 …

SC order on Land Act has drawn clear lines on implementation says Jairam Ramesh
11 years ago

SC order on Land Act has drawn clear lines on implementation says Jairam Ramesh

India TV News  

New Delhi: Rural Development Minister Jairam Ramesh today said the Supreme Court judgement upholding the retrospective clause of the new Land Acquisition Act has drawn “clear and humane lines” for the implementation of a significant clause in the law. He said that the March 14 judgement by a two-judge Supreme Court bench deals with land acquisition which had been pending …

"If compensation not paid to owner, land acquisition not valid", says Supreme Court
11 years, 2 months ago

"If compensation not paid to owner, land acquisition not valid", says Supreme Court

Live Law  

In alandmark judgment delivered by the Supreme Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., it has been held that the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation, if compensation for land acquired under the 1894 Act has not been paid …

Land Acquisition Act 2013 comes into effect from today
11 years, 3 months ago

Land Acquisition Act 2013 comes into effect from today

Live Law  

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, commonly referred to as the Land Acquisition Act, will come into effect from today, ie, January 1, 2014. The new legislation will guide all land acquisitions of central and state governments, bringing in stricter norms and increasing landowners' compensation significantly.The. The law replaces the Land …

Land acquisition act will help tribals and farmers: Jairam Ramesh
11 years, 6 months ago

Land acquisition act will help tribals and farmers: Jairam Ramesh

The Hindu  

The pathetic track record of rehabilitation and resettlement of more than three crore displaced tribals since independence is the key cause of Maoist problem in India, said Jairam Ramesh, Union Minister for Rural Development in Mumbai on Sunday. The Minister said that the new land acquisition bill will ensure that the displaced tribals and farmers get their due rights. The …

Land acquisition law will spike costs, delay projects: Experts
11 years, 6 months ago

Land acquisition law will spike costs, delay projects: Experts

India TV News  

New Delhi: 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. It will come into effect after the president gives his assent and the act is notified.The bill proposes a unified legislation for acquisition of land and adequate rehabilitation mechanisms …

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 …

Land Acquisition Bill passed by Parliament
11 years, 6 months ago

Land Acquisition Bill passed by Parliament

India TV News  

New Delhi: The path-breaking Land Acquisition Bill was today one step short of becoming a law with Parliament giving its approval to it. Lok Sabha passed the amended version of the legislation, which seeks to provide fair and just compensation to farmers and to those who lose livelihood on account of acquisition.The bill, which was earlier passed by Lok Sabha …

Land acquisition Bill drops resettlement, rehabilitation proposals
11 years, 6 months ago

Land acquisition Bill drops resettlement, rehabilitation proposals

The Hindu  

Braving a record number of adjournments on the issue of coal scam and the demand for Gujarat Chief Minister Narendra Modi’s resignation, the government succeeded in getting the crucial Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013, passed in the Rajya Sabha on Wednesday. Rural Development Minister Jairam Ramesh moved the Right to Fair …

Govt. agrees to amendments on acquisition of irrigation land
11 years, 7 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 …

Land Bill draws flak from real estate developers
11 years, 7 months ago

Land Bill draws flak from real estate developers

The Hindu  

The passage of the Land Acquisition Rehabilitation and Resettlement Bill has upset real estate developers and builders as they feel it will lead to higher prices. “The 80 per cent consent clause and two and four times compensation now make land acquisition difficult if not virtually impossible, and, given these conditions, time targets for projects will get stretched.’’ Analysts tracking …

Land Bill: Property prices to rise, acquisition to take time, Ficci says
11 years, 7 months ago

Land Bill: Property prices to rise, acquisition to take time, Ficci says

India TV News  

New Delhi: The passage of Land Acquisition Bill will not only push property rates significantly but also delay land acquisition by four to five years, thereby making industrial projects financially unviable, industry body Ficci said on Friday. "With the passage of the bill, not only the cost of land will go up significantly, but the process of acquiring land will …

Lok Sabha passes historic Land Acquisition and Rehabilitation Bill
11 years, 7 months ago

Lok Sabha passes historic Land Acquisition and Rehabilitation Bill

India TV News  

New Delhi: The path-breaking Land Acquisition Bill, which seeks to provide just and fair compensation to farmers while ensuring that no land can be aquired forcibly, was passed by the Lok Sabha with overwhelming majority today. "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012" stipulates mandatory consent of at least 70 per cent …

Lok Sabha passes Land Bill with 216 ‘ayes’
11 years, 7 months ago

Lok Sabha passes Land Bill with 216 ‘ayes’

The Hindu  

The long-pending Land Acquisition, Rehabilitation and Resettlement Bill was passed by the Lok Sabha on Thursday night after Union Rural Development Minister Jairam Ramesh assured the House that the measure allowed enough room for State governments to implement it as per their requirements. The Bill, Mr. Ramesh said, conveyed the government’s determination to address “widespread and historical injustices.” Another key …

Land Acquisition Bill in Lok Sabha tomorrow
11 years, 7 months ago

Land Acquisition Bill in Lok Sabha tomorrow

The Hindu  

Following the passage of the Food Security Bill, the UPA government on Thursday will introduce another landmark legislation — the Land Acquisition Bill — that aims to provide "just and fair" compensation to families whose land has been acquired for industrial purposes. "The Land Acquisition and Rehabilitation Bill is scheduled to be taken up in the Lok Sabha Thursday," confirmed …

Lok Sabha likely to consider Land Bill on Thursday
11 years, 7 months ago

Lok Sabha likely to consider Land Bill on Thursday

The Hindu  

After the passage of the Food Security Bill, the United Progressive Alliance government is now bracing up to introduce the landmark Land Acquisition, Rehabilitation and Resettlement Bill, 2011 in Parliament on Thursday. The government is keen to get the Bill, which amends the legal regime for land acquisition in the country, passed during the current session of Parliament, to reap …

Political parties agree on Land Acquisition Bill
11 years, 11 months ago

Political parties agree on Land Acquisition Bill

The Hindu  

A consensus on the Land Acquisition, Rehabilitation and Resettlement Bill 2011 was achieved on Thursday after the government accepted key demands of the BJP regarding leasing of land and compensation reaching the original farmer-owners, and that of the left regarding rights of tenants. The BJP wanted 50 per cent compensation to the original farmers whose land has been purchased after …

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 …

Bill for land gives true value
12 years, 6 months ago

Bill for land gives true value

The Hindu  

India is a rapidly industrialising economy and society with intense demands for better infrastructure from its people. The SIA includes an assessment of whether the proposed acquisition serves public purpose, an estimate of project affected families and of the extent of land to be affected by the acquisition. Inclusive of 100 per cent solatium, compensation for land losers will be …

'Govt is trying to fool people with new land acquisition bill'
12 years, 7 months ago

'Govt is trying to fool people with new land acquisition bill'

Firstpost  

The National Alliance of People’s Movements has organised a protest at Jantar Mantar, against the new land acquisition bill which is expected to be tabled in Parliment later this month. New Delhi: The National Alliance of People’s Movements – of which social activist Medha Patkar is the national convenor – organised a protest at Jantar Mantar, against the new land …

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 …

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 …

Govt To Bring Second Draft Of Land Acquisition Bill Soon
13 years, 7 months ago

Govt To Bring Second Draft Of Land Acquisition Bill Soon

India TV News  

New Delhi, Aug 12: The government today said it will soon bring the second draft of the Land Acquisition and Rehabilitation and Resettlement Bill with an aim to make the new law applicable to acquisition of land measuring 50 acres and above for urbanisation purpose. “In the next draft we are planning to make for land measuring 50 acres and …

A better Land Acquisition Bill
13 years, 8 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, 8 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 …

Govt Unveils Draft Land Acquisition Bill
13 years, 8 months ago

Govt Unveils Draft Land Acquisition Bill

India TV News  

New Delhi, Jul 29: Amid a raging controversy over land acquisition, Government today 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. The much-awaited ‘The Draft National Land Acquisition and Rehabilitation & Resettlement Bill, 2011', which has been put in public domain, says …

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