These appeals, by leave of the court, are being disposed of together as the same legal points are involved therein. Also includes use by companies under certain conditions. An act to amend the law for the acquisition of land for public purposes and for. The land acquisition act, 1870, and section l\ of the punjab courts act, 1884, are hereby repealed. Legal reform under the larr act should be implemented by government, not subverted to redress these inequities. Thus it is clear indication that the legislative intent is to give wide interpretation to public purpose. There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is the land acquisition act, 1894. The narendra modi government introduced the controversial land acquisition amendment bill in the lok sabha amid vociferous protest by almost all opposition parties, in the 2015 prebudget session of the parliament on february 24. Land acquisition rehabilitation resettlement act 20. The term public purpose has been clearly defined that the construction of hospitals, bus terminals setting upto rail roads, dam construction, irrigation canals etc. The first publication of a notice of an improvement scheme under section 39 of the nagpur improvement trust act, 1936, shall be substituted for, and have the same effect as publication in the gazette and in the locality of, a notification under subsection 1 of section 4, land acquisition act, 1894, except where a declaration under section 4.
The assessee received compensation for acquisition of land rs. Notwithstanding anything contained in the said act, 1 a all notices given, inquiries held, disputes decided, orders taken or made, awards made and all acts done before the said date by the special officers purporting to act as the collectors under the. The government issued a notice that the land belonging to the petitioner was likely to be needed for public purpose i. Short title, extent and commencement 1 this act may be called the land acquisition act, 1894. Apr 15, 2015 history of larr, 20 the primary land acquisition act was the land acquisition act of 1894. The present research analyses the word company under different legislations and then compares with the meaning given under the land acquisition act, 1894. The collector may also require any such person to make or deliver to him, at a time and place mentioned such time not being earlier than fifteen days after the date of the requisition, a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as coproprietor, subproprietor, mortgagee, tenant or otherwise. The larr act 20 outlines the process to be followed when land is acquired for a public purpose. Declaration that land is required for a public purpose.
The indian state has used the colonial land acquisition act laa, 1894, for acquiring land even without the consent of the people in the name of public purpose and on payment of compensation, until it got repealed by a new act, the right to fair compensation and transparency in land acquisitions, rehabilitation and resettlement act, 20. Aug 07, 2014 the process of acquisition begins with the issuance of preliminary notification, as envisaged under section 11 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Justice mian saqib nisar in his judgment has decided the issue regarding entitlement of additional compensation under section 28a of land acquisition act 1894 in civil appeals no. Right to fair compensation and transparency in land. Section 23 of land acquisition act 1894 matters to be considered in determining compensation 1 in determining the amount of compensation to be awarded for land acquired under this act, the court shall take into consideration. I of1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. Publication of preliminary notification and powers of officers thereupon. The land acquisition act, 1894 by muhammad amir sohail.
The land acquisition act, 1894 originally applied to the british india solely and th erefore the native states passed their own acts, as an example the mysore land acquisition act, 1894, the travancore land acquisition act, 1089 and therefore the hyderabad land acquisition act, 9 fasli etc. The land acquisition act, 1894 i of 1894 contents part i preliminary 1. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. Pdf land acquisition is essential for the development of a country in order to provide employment, social. The land acquisition act 1894 clearly states that the govt.
Hearing of objtions j any person interested in any land which has been notified under section 4, suscction 1, as being nceded or likely to be nceded for a public purpose. Throw light on the land acquisition bill of 1894 and the procedure that time. Acquisition of land at cost of a local authority or company. Large scale acquisition of land, especially under special economic zone act, 2005 led to hue and cry. Notification that particular land is needed for a public. Determining compensation for repealed land acquisition act. Report on amendment to section 6 of the land acquisition act.
Differences between land acquisition act of 1894 and 20 act. Under this act, the government could acquire any land as it wishes to, in the name of public purpose. Act, 1894 allowed government to acquire private land for public purposes after paying. Hence the land acquisition bill 2007 seeks to amend the definition of public purpose to accommodate industrial purpose. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind.
The land acquisition act, 1894 act i of 1894 c o n t e n t s section heading part i preliminary 1. The state may directly own lands through acquisition, purchase etc. An act to amend the law for the acquisition of land for public purposes and for companies. Land acquisition act, 1894 contents sections part i preliminary 1. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on. As it is very clear from the title of the law that it is enacted for compulsory acquisition of land required for the purpose of public benefit. The researcher also examines the procedure for acquisition under the new act which begins with the issuance of a notification, publication of the same and carrying out a social impact assessment and a survey of the land to analyse whether the land is being acquired for a public purpose and to ascertain whether there is any alternate land that. The land acquisition act, 1894 further referred to as act, defines public purpose 2 as including. Bombay land acquisition officers proceedings validation. Jul 19, 2011 a beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. Impediments for industries acquisition cost increase by 3 3. The subject was taken up suo motu by the 16th law commission of india for removing the lacuna regarding issuing of a fresh notification for the acquisition of land for public purpose under section 4 of the land acquisition act, 1894 which has arisen in view of the decision of the. In this act, unless there is something repugnant in the subject or context, a the expression land includes benefits to arise out of land, and things attached to.
The land acquisition act of 1894 which was imposed in india since the time of british rule. Section 23, 24 of land acquisition act 1894 matters to be. The land acquisition act, 1984 the urban unit uspmu. The report finds that specific provisions of the larr act are steps in the right direction to redress the imbalance of power that was built into the land acquisition act, 1894 in so far as. In this act, unless the context otherwise requires. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The nexus between sovereignty and eminent domain under. Matters to be considered by the state economic planning unit, or committee, etc. A study on land acquisition laws within the ambit of.
Code of civil procedure to apply to proceedings before court. Land acquisition, rehabilitation and resettlement act, 20 larr is also called land acquisition act 20 and it was brought to replace the land acquisition act of 1894, which was enacted during british era. The president may, subject to the provisions of this act, acquire any land for any estate or term where such land is required for any public purpose. Land acquisition act, 1894 page 1 land acquisition act, 1894 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Definitions part ii acquisition preliminary investigation 4. The land acquisition act act i, 1894 1st march, 1894. The land acquisition act, 1984 i of 1894 2nd february, 1894 an act to amend the law for the acquisition of land for public purposes and for companies. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. Whereas by the commissioner, bombay divisions notification no. Where was the need to amend the land acquisition act 1894 the land acquisition is the process by which land owned by persons in compulsorily acquired. Publication of preliminary notification and powers of officers thereupon 5.
Non consultative, non transparent, low compensation. Public purpose and consen t the 20 act requires consent of 70%of the land owners in case of public private partnership ppp project land acquisition for jewar airport in greater noida is an instance and 80% of land owners in case of private entities. The bill was then passed by it on 29 august 20 and by rajya sabha on 4 september 20. Laws of malaysia act 486 land acquisition act 1960 arrangement of sections section 1. In acquisition of land for big projects, the practice generally followed under the land acquisition act, 1894, is that a single notification is issued under section 41 of the act which indicates that a particular area of land is needed or is likely to be needed for a public purpose. Land acquisition act, 1894 page 1 land acquisition. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Report on amendment to section 6 of the land acquisition. Proceedings under the land acquisition act i of 1894 inappropriate when it is proposed to transfer land in possession of government, from one government to another, or from one department to another, proceedings under act i of 1894 are inappropriate.
The land acquisition act, 1894 act i of 1894 c o n t e n t s part i preliminary sections 1. The larr act 20 exempted laws such as the national highways act, 1956 and the railways act, 1989 from its purview. Short title, extent and commencement l this act may be called he land acquisition act, 1894. This act thus replaces the land acquisition act 1894, enacted during the british rule. A act1894 the land acquisition act was originally made in the year 1894 i. Initially, section 5a was not there in the land acquisition act, 1894 but the same was inserted long ago by the land acquisition amendment act, 1923 vide section 3 of act 38 of 1923. Where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 11, the persons interested in all the other land covered by the same notification under section 4, subsection 1 and who are also aggrieved by the award of the collector may, notwithstanding that they had not made an application to the. Land acquisition act, 1894 lucknow news times of india. However, for the purpose of the present research, only the definition which is given under the land acquisition act, 1894 will be dealt with in detail. Publication of preliminary notification and powers of. Land acquisition maharashtra amendment and validation of. I this act may be called the land acquisition act 1894. Application of section 3a where there is no development approval 3c.
However, the act was mired into controversies mainly because of lack of specific definition of public purpose. What are the pros and cons of the land acquisition act 20. Land of this description may fall under the following categories. A beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. Differences between land acquisition act of 1894 and 20 act question major differences between land acquisition act of 1894 and the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20.
An act to repeal and replace the land acquisition ordinance. Land acquisition in india is currently governed by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 repealed the land acquisition act 1894. Definition 31a power to be excercised by commissioner under the act part ia preliminary survey 3a preliminary survey of lands and powers of officers to carry out survey 3b payment for damage. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. The title 1894 the name of old law sounds like the primary purpose was the acquisition of land. Paradigm shifts from the land acquisition act, 1894 to the larr act, 20. Land acquisition rehabilitation and resettlement act, 20. In section 3, for clause f, substitute the following clause, namely. The land acquisition act, 1894 information kerala mission. Land not to be acquired under this part except for certain purpose for private companies. The land acquisition act, 1894 was a british era law that governed the process of land acquisition in india until 20 and continues to do so in pakistan and myanmar. Notification that particular land is needed for a public purpose or for a company.
The petitioners were owners of certain land in greater bombay. The act replaced the land acquisition act, 1894, a nearly 120yearold law enacted during british rule. Provisions of other laws in consonance with the larr 20. The history behind insertion of section 5a, in the act of 1894 seems to be a decision of the division bench of calcutta high court in j. Sc explains meaning of compulsory acquisition under land. It is different from the purchase of the land, which is a contract between a willing seller and a willing buyer on mutually acceptable terms. This act may be cited as the land acquisition public purposes act. The act of 1870 was repealed and the act of 1894 was enacted for the purpose of facilitating acquisition of private land by the government for public purposes.
In the construction of section 6 of the land acquisition act, 1894, the publication of a notification under section 32 of the darbhanga improvement act, 1934, shall be deemed to be the date of the publication of the declaration under section 6 of the land acquisition act, 1894, for the purposes of section 23 sixthly and section 24 fourthly of. The bill redefines public purpose as land acquired for defence purposes, infrastructure projects, or for any project useful to the general public, where 70 per. The land acquisition act, 1894 osed rod punjab land. Pdf comparative analysis of land acquisition acts in india. Paradigm shifts from the land acquisition act, 1894 to the larr act, 20 shift 1894 act 20 larr act public purpose includes several uses such as infrastructure, development and housing projects. The assessee filed his original return of income for the impugned assessment year on 10102011 declaring total income of rs. But the act of 1894 did not provide any opportunity to the landownerspersons having interest in land to raise objection against the acquisition of land. Whereas il is expedient 10 amend the law for the acquisition ofland needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. Mar 10, 2011 initially, section 5a was not there in the land acquisition act, 1894 but the same was inserted long ago by the land acquisition amendment act, 1923 vide section 3 of act 38 of 1923. Certain provisions of act were amended several times since then, enabling both by the central and state governments to make it.
The 1894 act has now been replaced by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 act no. The manual of land acquisition laws by ziaulislam janjua and m. Land acquisition act, 1894 kp code khyber pakhtunkhwa. Act i of 1894 the land acquisition act, 1894 contents. Notice in case of suits for anything done in pursuance of act. After declaration collector to take order for acquisition. Whenever, it appears to the appropriate government that land in any area is required or likely to be required for any public.