Volume-02 ISSN: 2455-3085 (Online)

Issue-06 RESEARCH REVIEW International Journal of Multidisciplinary

June-2017 www.rrjournals.com

Dispute Resolution Instrument in relation to Land Acquisition

Sumbul Fatima

Ph.D, faculty of Law, Jamia Millia Islamia, New Delhi, India

________________________________________________________________________________________________________

1. Introduction
Land is not just a two - dimensional spaces, but also a social construction. No person can deny the importance of land in
human life. In fact, we are so much attached to land that we are originated from the earth, we depend and move on it and we
physically vanish into it. So, our interest in land is universal and it is one of the human rights. Nation is built on two wheels,
namely, industrialization and agriculture, and land is a common factor running between them 1 . Land continues to remain
important for production and rural livelihoods in developing economies like India. But, Globalization and Liberalization in these
economies has brought up land as an important policy issue as various stakeholders lay claims to it as never before 2. Land
acquisition is a process of legal and institutional incidence of ―Eminent Domain‖ of the state to acquire private property in land for
a public purpose, on the pretext of supremacy of public cause over a private one and the loss of private interest being reimbursed
through a legally defined compensatory entitlement (Law Commission of India, 1958).3 Land Acquisition is an issue which has
gone up in all respects from the social and political point of view 4.
Justice S. U. Khan5 rightly exclaims that,
“Land Acquisition is no more a Holy Cow. At present it is a fallen Ox. Everybody is a butcher when the Ox falls”.
The present land acquisition laws, its administration and management in India are not only full of intricacy, procedural
difficulties and mismanagement but also not accessible and responsive to the interest of the common people of the country.
Furthermore, the present mechanism to settle land acquisition disputes is not time saving, cost effective, peaceful and
sophisticated. Land conflicts often have extensive negative effects on economic, social, spatial and ecological development and
can have disastrous effects on individuals as well as on groups and even entire nations. Almost all other cases of land acquisitions,
they are also marred by compensatory deficit, capital base meltdown and spatial inequity. As the Land Rights and Land
Acquisition have travelled a long journey.
The article will try to explore the kind and nature of disputes arising out of land acquisition. And the instrument given in the
new Act to address it. How far it is effective and how can it be improved citing the examples of The Bihar Land Dispute
Resolution Act.
It examines various facets of land acquisition Act for their fairness and equity aspects including the land disputes and causes
for land disputes. The article proposes and examines alternative mechanisms and options to manage land resource in a sustainable
way and yet avoid land related conflicts.

1
Anupam Srivastava and Monika Srivastava, ― Guide to Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act,
2013‖, wolters Kluwer India Pvt Ltd, 1st Edn, 2014. pp.01.
2
Sukhpal Singh, ―Land Acquisition in India: An Examination of the 2013 Act and Options‖, Journal of Land and Rural Studies 4(1) 66–78
3
Mohammad Israr Khan, ―Participatory paradigm for linear land acquisition projects‖, World Wide Journal of Mul tidisciplinary Research and Developement,
2015; 1(3): 1-5 (www.wwjmrd.com).
4
Brij Mohan Krishan Shorey; Dr. Nehal A. Farooquee, ―Land as a Right before and after Independence: A Social and Democratic Issue‖, Wisdom Tree Volume 1,
Issue 1, January-June 2016
5
Gajraj vs. State of U.P. 2011: 245.

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The objective of this paper is to aware the people about the Land Rights and its related land disputes and various Disputes
Resolution Instrument available to them under the LARR Act 2013and the Bihar Dispute Resolution Act 2009 and to provide
Compensation, Rehabilitation & Resettlement to the persons displaced / being displaced and the stress on Judiciary. The
hypothesis aims at achieving an equity oriented conflict resolution to the problem of land acquisition. Land rights as deprived,
resources for livelihood should be explored. Displacement if inevitable for development, rehabilitation and resettlement is
mandatory too. The study is based on information which is taken from the Right to Fair Compensation and Transparency in
LARR Act 2013 and the Bihar Dispute Resolution Act 2009, and data which is collected and accessed from Census of India
reports, Agriculture statistics, NSSO, CPR and journals.

2. Land Disputes and its Causes

A land Disputes can be understood as a misuse, restriction or dispute over property rights to land (Wehrmann B., 2005).
Land acquisition for public purpose gives rise to Land disputes in developing countries like India and the nature of such disputes
varies depending on the interest as land continues to constitute the key resource of livelihood, security, and status. Land conflicts
often have extensive negative effects on economic, social, spatial and ecological development and can have disastrous effects on
individuals as well as on groups and even entire nations. So, all over the world, people struggle for land and there is a long history
people fought for piece of land and sacrificed the costliest thing that is their lives. The transition from pastoral to an agricultural
economy helped the development of the idea of ownership. People began to think the terms of ―mine and thine‖ (Mahajan,
1998). Therefore, in order to avoid land disputes there is need for reforms in land administration and for this Conclusive land
titling system is necessary6.
Land conflicts occur in many forms. Both need and greed can equally lead to them. There are conflicts between single parties
(as for instance boundary conflicts between neighbours), inheritance conflicts between siblings and disputes over the use of a
given piece of land. These conflicts are comparably easy to solve. Those that include several parties though - such as group
invasions or evictions of entire settlements – are more difficult to deal with (Wehrmann B., 2008). However, land dispute may be
arise out of land, e.g., dispute from land itself, land instrument and any interest arising out of land. In a study, it is shown that
about 80% cases including civil and criminal have arisen from land disputes (Hoque, 2000). struggle over land has continued,
leading to violent conflict time and again (Deininger, 2003). All land conflicts, no matter how peaceful or violent they are,
produce negative consequences for individual people as well as for the entire society.
Fig. 1: The roots of conflict

(Land) Conflict

Behaviou
rrr
Attitude/Position

Interests

Material Needs/greed Emotional Needs

Psychological
Fears and Desires

(Source: Wehrmann 2005)

From a different analytical perspective, Land disputes can also be distinguished by political, economic, socio-economic,
socio-cultural, demographic, legal/juridical, administrative, technical (land management), ecological and psychological causes
(Wehrmann B., 2005). Land ownership conflicts have negative effects on individual households as well as on the nation’s
economy. Disputes over the use of land generally have a negative impact on the poor or on the natural or building environment.
Land conflicts also increase social and political instability. Where ever there occur a lot of multiple sales, evictions, land grabbing
etc., people lose confidence in the state and start mistrusting each other. Dealing with land disputes therefore also means to re-
establishing trust and confidence in public as well as private institutions. Land conflicts within a country will then occur at either
the interpersonal or intra-societal level.

6
Dr. Amir Afaque Ahmad Faizi, Snehasis Mishra, ―Conclusive land titling system : a need for reforms in land administration ‖, D.K.Agency publication, 1st edn,
2015

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Level Dimension Types of land conflicts (examples)

 Boundary conflicts between neighbours

 Ownership conflicts due to inheritance conflicts
Inter-  Occasional multiple sales of private property by individuals without
Micro-social
personal administrative assistance and without harming third parties
dimension
level  Individual occupation of private land
 Building extensions on the private land of another
 Illegal lease/sale of somebody else’s private land
 Boundary conflicts between tribes or villages
 Illegal sale/lease of communal land/tribal land
 Illegal allocation of state land by private individual
 Group invasion of private land
Meso-social  Land use conflicts between farmers and pastoralists (e.g. animal
dimension corridors due to transhumance)
 Occasional building extension on state land
 Occasional illegal use of state land
 Illegal use of one’s own land
 Violent attacks on property
Intra-
 Ownership conflicts due to legal pluralism
societal
 Land grabbing
level
 Illegal sale/lease of state land
 Evictions (by force) by governmental authorities
 Improper land privatisation
Macro-social  Land use conflicts between private and public util- isation due to a
dimension general disregard of land use regu- lations by a majority of people
 Expropriation without compensation
 Illegal acquisition and sale of somebody else’s private property by
individuals, supported by corrupt public agencies or courts
 Multiple allocation of particular plots by officers working at the land
registry
The classification of land disputes according to their social dimension illustrates the high number and diversity of intra-
societal land dispute compared to interpersonal land disputes. While in most cases interpersonal land disputes can be addressed
by existing formal or informal dispute resolution bodies, intra-societal disputes are much more difficult to tackle – mainly because
disputes resolution mechanisms at the higher level are part of the problem.
In State of Madras Vs. B.V. Subramania Iyer7, the Court held that the word “Dispute” includes any controversy with regard
to the title of a single claimant. It is obvious that when the government exercises its power of eminent domain and acquires
property, public funds have to be utilized for the payment of compensation to the true owner, and not merely to any claimant who
cares to appear on the scene. The government has a special responsibility in this regard, and cannot later take refuge behind the
pretext that the compensation was paid to the claimant who actually appeared while others did not appear.
As Land acquisition is central to the government’s thrust in infrastructure development and in order to facilitate its economic
agenda the Government of India believed there was a heightened public concern on land acquisition issues in India8. For the
purpose of providing speedy disposal of disputes relating to land acquisition compensation the Government sought to establish the
Land Acquisition Compensation Disputes Settlement Authority at both the state and central levels under chapter Seven9 entitled:
National Monitoring Committee for Rehabilitation and Resettlement and under chapter Eight entitled: Establishment of Land
Acquisition, Rehabilitation and Resettlement Authority10.
Though the LARR Act 2013 do not speak directly the types of land disputes like the Bihar Land Dispute Resolution Act 2009
rather it talks about the fair compensation, transparency, rehabilitation and resettlement issues in detail. Under the Bihar Land
Dispute Resolution Act 2009, there are following types of disputes11:-

7
AIR 1962 Mad. 313
8
Venkat Ananth, The evolution of the Land Acquisition Act – Livemint, May 22 2015. 12 52 AM IST
9
Section 48 and section 50 of LARR Act 2013 respectively.
10
Section 51 of LARR Act 2013
11
Section 4 of The Bihar Land Disputes Resolution Act, 2009, Amendments appended: 15 of 2012, 10 of 2013, 18 of 2015 (http://egazette.bih.nic.in)

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i. Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted
to him under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a competent
authority;
ii. Restoration of possession of settled / allotted land in favour of legally entitled settlee/ allottee or his successors/heirs,
upon adjudication of unauthorized and unlawful dispossession;
iii. Threatened dispossession of a legally entitled settlee/ allottee;
iv. Any of the matters enumerated in (i), (ii) and (iii) above appertaining to raiyati land.
v. Partition of land holding;
vi. Correction of entry made in the record of rights including map/survey map.
vii. Declaration of the right of a person;
viii. Boundary disputes;
ix. Construction of unauthorized structure; and
x. Lis pendens transfer.

3. Critical Analysis of Dispute Resolution Instrument under the Right to Fair Compensation and Transparency in LARR
Act 2013 and the Bihar Land Disputes Resolution Act 2009
India faces serious challenges in creating development processes that generate economic growth while being socially
inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition
of land under the LARR Act 2013 by the state for economic development projects, including infrastructure and industry, lies at the
heart of these challenges. Simultaneously, securing constitutionally guaranteed land rights to the poorest and most vulnerable
communities in India against the state and other dominant communities, has been considered crucial to their economic and social
empowerment. Land is not only an important economic resource and source of livelihoods, it is also central to community
identity, history and culture. Unsurprisingly then, throughout India, dispute over state acquisition of land that deprives people of
their land rights spans various dimensions of economic, social, and political life .
Merits of LARR Act 2013
 The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 was
basically enacted in order to provide humane, participatory, informed and transparent process of land acquisition for
industrialization, development and urbanization with the least disturbance to the owners of the land and other affected
families.
 The LARR Act 2013 aims to provide just and fair compensation to the affected families whose land has been acquired or
who are affected by such acquisition.
 The LARR Act 2013 was enacted to make adequate and proper provisions for the affected persons for their rehabilitation
and resettlement. R&R Award for each affected family in terms of the entitlements provided in the 2nd Schedule.
 The LARR Act 2013 also ensure the cumulative outcome of compulsory acquisition should be that affected persons
become partners in development leading to an improvement in their post-acquisition social and economic status.
 A detailed hierarchy of authorities has been provided from grass root level to state and central level and detailed
procedures has been laid down.
 This Act also provides Social Impact Assessment study (SIA). For example, whenever the Appropriate Govt. intends to
acquire land for a Public Purpose then it shall consult the concerned Panchayat, Municipality or Municipal Corporation
as the case may be at Village level or Ward level in the affected area and carry out a Social Impact Assessment (SIA)
study. This SIA study shall be made available in the local language to the Panchayat, Municipality or Municipal
Corporation and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil followed by Public
hearing and publication of SIA study. The Appropriate Govt. shall ensure that the SIA report is evaluated by an
Independent Multi-Disciplinary Expert Group. Thereafter, examination of proposals for land acquisition and SIA report
by Appropriate Govt. under Section 8 & where land is proposed to be acquired invoking the urgency provision under
Section 40, the Appropriate Govt. may exempt undertaking of the SIA study .
 The LARR Act 2013 has also provided that the social impact assessment report is evaluated by an independent multi-
disciplinary expert group12.
 All efforts have been made under the LARR Act 2013 to meke the peoceedings in accordance with the rule of natural
justice for example making provision for giving public notice, providing hearing objections as mentioned in the act 13

12
Under section 7(1) of the LARR Act 2013
Independent multi-disciplinary expert group consists of (a) two non-official social scientists; (b) two representatives of Panchayat, gram Sabha, municipality or
Municipal Corporation, as the case may be (c) two experts on rehabilitation; and (d) a technical expert in the subject relating to the project.
13
Under section 21 of the LARR Act 2013

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 The main contentious issue of LA is mostly based on Section 24 which says LA process under Act No.1 of 1894 shall be
deemed to have lapsed where an Award under section 11 has been made 5 years or more prior to the commencement of
this Act but the physical possession of the land has not been taken or the compensation has not been paid. In that case the
Appropriate Govt. shall initiate afresh LA proceeding.
 The collector shall adopt the transparent criteria laid down under the LARR Act 14 in assessing and determining the
market value of the land in order to provide just and fair compensation.
 The LARR Act 2013 has provided in detail the whole procedure in determining the amount of compensation to be
15
awarded for land acquired under this Act.
 Award of Solatium has been provided under this act 16 by the collector after having determined the total compensation to
be paid. And this solatium amount shall be in addition to the compensation payable to any person whose land has been
acquired.
 the Authorities17 provided under the LARR Act 2013 has bestowed the supreme power and authority to dispose the land
related issues at various hierarchical level from grass root level to state and Centre.
 A detailed procedure has been provided for the rehabilitation and resettlement award under the Act 18 in second schedule
by the collector.
 The Collector19 shall have power to summon & enforce attendance of witnesses & production of documents in the same
manner as is provided in the case of a Civil Court under the CPC, 1908 and Award shall be & conclusive evidence, as
between the collector & the persons interested.
 The collector shall be responsible for ensuring that the rehabilitation and resettlement process should be completed in all
its aspects before displacing the affected families20.
 The collector shall pay an additional compensation in case of multiple displacement21.
 As far as possible, no acquisition of land shall be made in Scheduled Areas22. In case where such acquisition does take
place it shall be done only as a demonstrable last resort & that too with the prior consent of the concerned Gram Sabhas
or the Panchayats or the Autonomous District Councils at the appropriate level in Scheduled Areas under 5th Schedule to
the Constitution.
 The provision of appointment of Administrator 23 has Commissioner24 has been provided under this Act to provide the
rehabilitation and resettlement procedure to be functioned efficiently and smoothly.
 The LARR Act 2013 has also provided the rehabilitation and resettlement committee at project level 25 under the
chairmanship of the collector to monitor and review the progress of implementation and resettlement scheme and to carry
out post-implementation social audits in consultation with the gram sabha in rural areas and municipality in urban areas.
 Under the LARR Act there has been the provision of establishment of National monitoring committee 26 and State
monitoring committee for rehabilitation and resettlement 27 for monitoring and reviewing the implementation of
rehabilitation and resettlement schemes or plans.
 One of the most important provision under the LARR Act 2013 has been provided which was clearly missed in 1894 Act
is which aims to provide speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and
resettlement the establishment of land acquisition, rehabilitation and resettlement authority 28 to exercise jurisdiction,
powers and authority conferred on it by LARR Act 2013.
 All Disputes Resolution Proceedings of LA before the Authority shall be deemed to be Judicial Proceedings within the
meaning of section 193&228 of the IPC.
 The Authority shall be deemed to be a Civil Court for the purposes of sections 345&346 of the CrPC, 1973 .
 The members & officers of the authority shall be deemed to be Public Servants within the meaning of section 21 of the
IPC.
 And no civil court (other than HC under Article 226 or Article 227 of the Constitution or the Supreme Court) shall have
jurisdiction to entertain any dispute relating to LA.

14
Under section 26 of the LARR Act 2013
15
Under section 28 of the LARR Act 2013
16
Under section 30 of the LARR Act 2013
17
Define under section 3(f) of the LARR Act 2013.
18
Under section 31 of the LARR Act 2013
19
Define under section 3(g) of the LARR Act 2013.
20
Under section 38(2) of the LARR Act 2013
21
Under section 39 of the LARR Act 2013
22
Under section 41 of the LARR Act 2013
23
Under section 43
24
Under section 44
25
Under section 45
26
Under section 48
27
Under section 50
28
Under section 51

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29
 the Requiring Body or any person aggrieved by the award passed by an Authority under section 69 may file an appeal
to the HC within 60 days from the date of award.

The right to fair compensation and transparency in LARR Act 2013 is constituted to address the land acquisition,
compensation, rehabilitation and resettlement issues which were missing in draconian Act of 1894. LARR Act 2013 is a new and
central legislation in which every effort has been made to sort out all the complexities which were in 1894 Act and all efforts to
provide speedy disposal of land disputes related issues at Centre and State level. Because Disputes relating to land pending before
different forums are huge in number and the judiciary is overburdened because of pendency of huge number of disputes relating to
land.
However, the different forums under different land laws have been provided for adjudication of disputes like the Bihar Land
Disputes Resolution Act 2009. The Government is faced with complexities arising out of the multiplicity of adjudicating
machinery and delay in the settlement of disputes. Therefore, the Government strives to ensure speedy disposal of disputes under
LARR Act 2013 by establishing national monitoring committee at the Centre and state level and establishment of Land
Acquisition, Rehabilitation and Resettlement Authority. As in the absence of these adjudicatory body, the people had faced with
undue hardships in getting their grievances redressed under 1894 Act. Howsoever, the LARR Act 2013 has provided various
disputes resolution instrument at various level in hierarchy as stated above.

Merits of the Bihar Land Dispute Resolution Act 2009

 The preamble of The Bihar Land Dispute Resolution Act 2009 provided in larger public interest for effective and speedy
mechanism to resolve such disputes30 which give rise to major turbulence if not addressed immediately and effectively.
And also provide different forums and procedures for the resolution of disputes and it is considered expedient to provide
a uniform and common forum, procedure and mechanism which would achieve the objective of effective, efficacious and
speedy resolution of disputes.
 Under the Act 2009 the Competent Authority 31 shall have jurisdiction and authority to hear and adjudicate, on an
application or complaint or on any application referred to by a prescribed authority or officer, any issue arising out of
above-stated disputes32.
 Under this Act 2009 the competent authority, wherever it appears to him that the case instituted before him involves
complex question of adjudication of title, he shall close the proceeding and leave it open to parties to seek remedies
before the competent Civil Court33.
 Under this Act 2009 the competent authority shall have the same powers in making enquiries under this Act, as are
vested in a court under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit 34and the State shall be a necessary
party35.
 All proceedings under this Act shall be disposed off summarily36. The competent authority shall take all possible steps
for expeditious resolution of disputes and shall ensure final adjudication within a maximum period of three months from
the date of the institution of the case before him37.
 Under this Act the competent authority shall not allow adjournment to the parties without sufficient cause38. Failure to
dispose off within stipulated period without sufficient cause may call for disciplinary action against him39.
 Under this Act the competent authority shall submit periodical report, as prescribed in the rules, every three months to the
Collector furnishing information therein regarding disputes resolved by him 40.
 Under the Bihar Land Disputes Resolution Act 2009 if the competent authority considers it necessary to examine
witnesses then he shall afford opportunity to the parties to dispute to produce witnesses in support of the application or
complaint and in rebuttal thereof. The competent authority shall ensure that witnesses are produced by the parties to the
dispute without undue delay and shall also ensure that the examination of witnesses is conducted on day to day basis 41.

29
Define under section 3(za) of the LARR Act 2013.
30
As mentioned in Section 4 of The Bihar Land Disputes Resolution Act, 2009
31
Define under section 2(a) of the Bihar Land Disputes Resolution Act 2009.
32
Under section 4 of the Bihar Land Disputes Resolution Act 2009
33
Section 4(5) of The Bihar Land Disputes Resolution Act, 2009
34
Section 5 of The Bihar Land Disputes Resolution Act, 2009
35
Section 6 of The Bihar Land Disputes Resolution Act, 2009
36
Section 7 of The Bihar Land Disputes Resolution Act, 2009
37
Section 9 of The Bihar Land Disputes Resolution Act, 2009
38
Section 9(2) of The Bihar Land Disputes Resolution Act, 2009
39
Section 9(3) of The Bihar Land Disputes Resolution Act, 2009
40
Section 12(1) of The Bihar Land Disputes Resolution Act, 2009
41
Section 13(6) of The Bihar Land Disputes Resolution Act, 2009

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 One of the most important provision under this Act is that if any party aggrieved by the order passed by the competent
authority, he/she may file an appeal before the Commissioner42 within whose jurisdiction the order has been passed,
within a period of thirty days from the date of the order.
 Under this Act the Appellate Authority shall dispose of the petition filed before him, for granting the aforesaid leave to
file an appeal directly, within 21 (twenty one) working days of filing of such petition 43.
 One of the most important power conferred to the Commissioner is that he/she shall proceed to hear the appeal and may
pass such order allowing, modifying, reversing or affirming the order passed by the competent authority as he may deem
fit in accordance with law44.
 The order passed by the Commissioner shall be final and no further appeal or revision shall lie before any other
authority45.
 This is the most important provision under the Bihar Land Disputes Resolution Act is that whoever obstructs, disobeys or
fails to comply with the directions and findings contained in the final order passed under the Act shall be punishable with
imprisonment for a term which may extend up to three years, and shall also be liable to fine up to five thousand rupees 46.
 One of the most significant step taken by the Bihar Government is the Establishment of the Bihar Land Tribunal in order
to dispose the disputes expeditiously.

However, the Bihar Land Dispute Resolution Act has played very important and significant role in resolving land dispute in
Bihar for example; Woman sarpanch in Bihar settles 20-year-old land dispute in 6 days47. Land disputes account for 40% of the
total murders recorded in Bihar. Official records say 45,906 land dispute complaints were lodged between January 2010 and July
2014. Of them, only 23,181 complaints land reforms (DCLR) the task of solving land disputes, they face a tremendous challenge
in disposing of the cases due to non-availability of real time data related to ownership of land. However, with the intervention of
technology and push for digitisation of land records in the state, things are gradually improving48. There are catena of cases where
The Bihar Land Dispute Resolution Act and the establishment of The Bihar Land Tribunal has played a very important role in
successfully resolving the land disputes49.

4. Pressure on Judiciary
The Supreme Court (SC) has increased the compensation amount in every six out of 10 cases of land acquisition where the
compensation awarded for land by the government was challenged by the landowners. In several cases, the final award decided by
the court was as high as 10 times of the original award, indicating how niggardly the governments have been compensating the
landowners for their land. The findings have come out from an analysis of all reported SC judgements dealing with land
acquisition cases across the country between 1950 and 2015, carried out by the New Delhi-based think tank Centre for Policy
Research (CPR). Of the total 1369 land acquisition disputes adjudicated by the apex court over this period, the two biggest issues
were compensation for land acquired, and the procedure by which the government had acquired land, either for itself or for a
private company. Compensation was an issue in 58 per cent of the cases. In two third of the compensation cases, the government’s
ways of calculating compensation were challenged. In a sample review of the compensation cases, the study found that in almost
half the cases, the final award was more than four times of what the government had calculated originally. In one-fourth of the
cases the final award was more than ten times the original value. In at least one case, the final settlement went as high as hundred
times.

42
Define under section 2(c) of the Bihar Land Disputes Resolution Act 2009
43
Section 2 of The Bihar Land Disputes Resolution (Amendment) Act, 2013.
44
Section 14(3) of The Bihar Land Disputes Resolution Act, 2009
45
Section 14(4) of The Bihar Land Disputes Resolution Act, 2009

46
Section 4 of The Bihar Land Disputes Resolution (Amendment)Act, 2015
47
Anil Kumar, Woman sarpanch in Bihar settles 20-year-old land dispute in 6 days, The Hindustan Times, Jun 16, 2017 11:11
IST(http://www.hindustantimes.com/)
48
Mohd Ujaley, Now, technology to settle land disputes? Check out what Bihar is up to - The Financial Express, June 27, 2016
49
Most. Premlata Devi vs The State Of Bihar & Ors on 4 April, 2016, Madhu Devi @ Madhu Motani & Ors vs The State Of Bihar & Ors on 10 February, 2015,
MAHESHWAR MANDAL Vs. STATE OF BIHAR Decided on June 24,2014

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Land acquisition has been a hot-button issue before the current NDA government, which, tried to bring amendments in the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act),
enacted by Parliament under the UPA government. The NDA government wanted to do away with the consent of landowners and
the social impact assessment provisions of the law to make the process of acquisition faster and smoother. The amendments were
halted due to protest from farmers’ groups and opposition parties. The centre then asked the states to bring their own versions of
the law by amending the central law. Tamil Nadu, Gujarat and Rajasthan have already come out with amended laws. The study
found that in almost 80 per cent of the disputes, land was acquired under the Land Acquisition Act of 1894, which mandated the
government to pay the market value of the land to the landowners. In case the acquisition was on behalf of a company, the
company had to pay the compensation. The law has now been replaced by LARR Act that provides for an increase in
compensation to twice the value of average of registered sale deeds in urban areas and four times in rural areas. In a significant
number of cases, the courts have awarded compensation up to 10 times the original amount calculated by authorities. Thus four
times compensation may not deter Land owners from approaching the court unless the government starts assessing compensation
based on the fair value of the land. In 2014, a quarter of India’s districts were embroiled in ongoing legal and political conflicts
over land acquisition, said a study by Washington-based think tank Rights and Resources Initiative. While several big-ticket
projects have got embroiled in legal battles post enactment of LARR Act, 2013, they have not been reflected in the CPR study as
it takes years for the cases to reach final decision in the courts. The study showed the maximum number of land acquisition cases
decided by the Supreme Court were from Uttar Pradesh (11%) followed by Maharashtra (8.6%), Karnataka (8.3%), Haryana (8%)
and Punjab (7.7%) (See Graph). The purposes for which maximum land acquisition disputes were recorded, included, planned
development (21.4%) followed by Industrial parks and factories (11%), housing projects (9.5%), defence (6.5%) land reforms
(5.6%), and highways, roads and bridges (4.7%).
Without going into the controversy with regard to physical possession, this much is clear that the award was made more than
five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for
the application of Section 24(2) of the 2013 Act, as interpreted by the Supreme Court and this court in the decisions 50, stand
satisfied. As a result, the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act
in respect of the subject lands are deemed to have lapsed. It is so declared." J.F Nariman said that It is important to note that a
notice of award under Section 12(2) to persons interested can only be issued after money is received by the Land Acquisition
Collector, and that the said Collector shall not take possession of land unless and until compensation amount is received by him.
Further, actual payment to land owners must be made latest within a period of 60 days. It is high time that the State realizes that
persons whose property is expropriated need to be paid51. In New Reviera Coop. Housing Society v. Special Land Acquisition
Officer52, the Court held: "...Once the award has been made and compensation has been deposited or paid under Section 31 of the
Act, the Land Acquisition Officer is entitled to take possession and the possession thereby taken stands vested in the State under
Section 16 of the Act free from all encumbrances...". In Banda Development Authority v. Moti Lal Agarwal53, the Court referred
to the judgments54 and held that No hard-and-fast rule can be laid down as to what act would constitute taking of possession of the

50
Pune Municipal Coporation and Anr. v. H.M. Solanki, 2014 (2) SCC 183, Union of India & Ors. V. Shiv Raj & Ors., (2014) 6 SCC 564. Sree Balaji Nagar
Residential Association v. State of Tamil Nadu & Ors.: Civil Appeal No. 8700/2013. Surender Singh v. Union of India & Others: W.P.(C) No. 2294/2014 decided
on 12.09.2014 by this Court; and Gyanender Singh & Ors. V. Union of India & Ors., W.P.(C) No. 1393/2014, 10.09.2014.
51
Delhi Development Authority Vs. Sukhbir Singh & Others [Civil Appeal No.5811 of 2015], [Civil Appeal No. 8857 of 2016 arising out of SLP (Civil) No. 28304
of 2015], Pune Municipal Corporation v. H.M. Solanki, 2014 (3) SCC 183,
52
(1996) 1 SCC 731 at para 3
53
[(2011) 5 SCC 394 : (2011) 2 SCC (Civ) 747]
54
Balwant Narayan Bhagde v. M.D. Bhagwat [(1976) 1 SCC 700] , Balmokand Khatri Educational and Industrial Trust v. State of Punjab [(1996) 4 SCC 212] ,
P.K. Kalburqi v. State of Karnataka [(2005) 12 SCC 489] , NTPC Ltd. v. Mahesh Dutta [(2009) 8 SCC 339 : (2009) 3 SCC (Civ) 375] , Sita Ram Bhandar Society

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acquired land. (ii) If the acquired land is vacant, the act of the State authority concerned to go to the spot and prepare a panchnama
will ordinarily be treated as sufficient to constitute taking of possession. Trial court can review its order under the land acquisition
act55. In the case of Neera Yadav v. C.B.I56, in Noida land allotment scam, Ex-UP chief secretary Neera Yadav & former IAS
Officer Rajiv Kumar to undergo 2 years imprisonment.
In this way this new Act is an effort to address the historical injustice while speeding up procedures. It expressly provided that
no land can be acquired in scheduled areas without the consent of the gram sabhas. It ensures special enhanced benefits for those
belonging to scheduled castes and scheduled tribes and also provides that no one shall be dispossessed until and unless all
payments are made and alternative sites for the resettlement and rehabilitation have been prepared. The new Act applies
retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago
but where no compensation has been paid or no possession has taken place, then the land acquisition process has to be started
afresh in accordance with the provisions of the new Act. To ensure there remains no gap in interpretation of essential clauses of
the repealed as well as repealing act, the Supreme Court has fairly provided initial interpretations to remove any probable
ambiguity. The first such case was of Pune Municipal Corporation and Anr. vs Harakchand Misirimal Solanki and Ors
wherein the Court clarified that where land acquisition proceedings have been initiated under the 1894 Act but no award under
Section 11 of the 1894 Act is passed, then the provisions of 2013 Act would determine amount of compensation to be awarded.
However, where the position is otherwise, then such proceedings would continue under the 1894 Act as if the Act has not been
repealed. The court also held that if the acquisition proceedings are initiated under 1894 Act and an award has been made five
years or more prior to the commencement of the 2013 Act and either of the two contingencies - physical possession of the land
has not been taken or the compensation has not been paid - such acquisition proceedings would be deemed to have lapsed.
Further, on the lapse of such proceedings, if the appropriate government still chooses to acquire the land which was the subject
matter of acquisition under the 1894 Act then it has to initiate the proceedings afresh under the 2013 Act. Furthermore, in the case
of Union of India & ors. vs Shiv Raj & Ors the case has given the Act the clarity of application which it lacked . The new land
acquisition law has given a severe blow to governments which issue notifications of take-over, but do nothing for years and even
deny payments to the land owners. If the delay is more than five years, even if caused by stay orders from courts, the acquisition
will lapse.

In this way after analyzing above legislation both at the Centre and State level the author has suggested the approaches for
dispute resolution which is given below in another different heading in order to provide more expeditious, smooth and efficient
way of resolving land related disputes.
5. Approaches for Dispute Resolution
Generally, there are two broad approaches for dispute resolution, namely: Consensual approaches & Non Consensual
approaches.
5.1. Consensual approaches: Consensual approaches are those conflict resolution strategies which aim to find a compromise that
is acceptable to all parties involved and which can best re-establish peace, respect and even friendship among the parties.
Consensual approaches therefore try to find a consensus among the conflict parties through intensive discussions and negotiations.
Consensual approaches are: moderation, consultation, socio-therapeutical consultation, conciliation and mediation. They are
generally faster and cheaper than non-consensual approaches and therefore often a preferable alternative to using overloaded
courts.
5.2. Non-consensual approaches: Non-consensual approaches are characterized by third party decision making. There is much
less diversity in non-consensual approaches than there is in consensual approaches. One distinguishes between arbitration and
adjudication. Adjudication is a formal litigation process. The decision-maker is a judge at a regular court, a specialized land court
or a tribunal. The process follows formal procedures and rules. Both parties – often represented by a lawyer – present evidence to
the judge whose binding decision makes one party win and the other lose the case, which can only be appealed through a higher
court. Adjudication will therefore not re-establish the relationships between the parties. The current land conflict might be solved,
but the hostility may continue or even be sharpened. Adjudication should therefore always be considered the method of last resort.
Adjudication is hindered in many countries by the case overload of the courts. It can easily take several years until a case is finally
treated by the court, resulting in a high number of land conflicts pending there e.g., in Delhi Development Authority v. Sukhbir
Singh57where compensation neither tendered nor paid to landowners whose lands were notified for acquisition and of which
possession was taken four decades later. Such acquisition would be non est and deemed to have lapsed in terms of Section 24(2).

v. Govt. (NCT of Delhi) [(2009) 10 SCC 501 : (2009) 4 SCC (Civ) 268], (Banda Development Authority case [(2011) 5 SCC 394 : (2011) 2 SCC (Civ) 747] , SCC
p. 411, para 37)
55
State of Maharashtra vs. Pandu Rama Udar, 2017 SCC online Bom 766 decided on 09.05.2017.
56
2017 SCC online SC 858, decided on 02.08.2017.
57
AIR 2016 SC 4275; also see DDA v. Islamuddin & others 2017 (1) SCALE; State of Haryana v. Vinod Oil and General Mills, 2014 (5) SCC 410; Sita Ram v.
State of Haryana & Anr. (2015) 3 SCC 597; Velaxan Kumar v. Union of India & Ors., 2015 (4) SCC 325.

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Choosing a suitable form of dispute resolution instrument depending on the degree of escalation present, eight strategies of
dispute resolution are recommended (Glasl, 1999):
a. Facilitation: The facilitator helps the parties come together, the parties still being able to solve the problem by
themselves.
b. Moderation: The moderator helps the parties come together to clarify and settle minor differences, the parties still being
able to solve the problem by themselves.
c. Consultation: The ―tutor‖ accompanies the process, working on the deeply internalized perceptions, attitudes, intentions
and behaviours of the parties in order to calm them. Consultation is yet another approach useful during the stage of pre-
conflict to stop the conflict progressing toward becoming a full-blown crisis.
d. Socio-therapeutic consultation: This special form of consultation focuses explicitly on destructive, dysfunctional or
neurotic behaviour due to psychological damages caused by former negative experiences in life. Socio-therapeutic
consultation is extremely helpful if the parties involved have already lost face during the processes of peacemaking,
peacekeeping and peace-building, as it helps in the understanding of one own behavior as well as that of one’s opponent,
and therefore creates understanding and a willingness to forgive one another.
e. Conciliation: This is a mixture of consultation and mediation. The conciliator helps the parties to negotiate while –
whenever necessary – addressing internalised perceptions, attitudes, intentions and behaviours with the objective of
reducing prejudices and hostility. Conciliation can be applied in pre-conflict and early conflict situations as long as the
parties are able to talk to each other.
f. Mediation: Mediation, too, requires that the parties are willing to face each other and to find a compromise. The
mediator follows a strict procedure, giving each party the opportunity to explain its perceptions and to express its
feelings, forcing the other party to listen and finally moderating a discussion aimed at finding a solution with which both
parties can live. Preferably, the moderator should not propose solutions but may lead the way towards them. At the end, a
written contract is signed by all parties and the mediator seals the agreement. Mediation can be done in any situation as
long as the parties are willing to find a compromise.
g. Arbitration: Arbitration follows strict rules too. Unlike the moderator, however, the arbitrator is expected to make direct
suggestions on how to settle the conflict. He is more influential and powerful than moderators, tutors or mediators. He
has decision-making authority. Therefore, arbitration can be used even at the peak of a conflict. What makes it different
from adjudication is that the arbitrators are accepted and trusted by both parties. The arbitrator may be appointed by all
conflicting parties or be a respected person traditionally responsible for dispute settlement.
h. Decision by a powerful authority (adjudication) should always remain the last resort.
In the case of moderation, consultation, conciliation, negotiation and mediation the third party helping to resolve the land
conflict only influences the process, not the outcome. These are all consensual approaches where the outcome is exclusively
defined by the parties.
An alternative to adjudication is arbitration, which is more flexible, much quicker and generally less expensive, especially in
smaller cases in which no lawyers are involved. It also allows for much better conciliation, as the arbitrator can also act as a
mediator, the only difference being that s/he has the last say in the matter. The arbitrator-as-mediator listens to the facts,
perceptions and arguments presented by both parties, who can be represented by lawyers, but don’t have to be. Arbitration is
therefore a perfect combination of mediation and adjudication, offering a chance of re-establishing trust and respect among the
parties while on the other hand providing a third party decision. In some situations or cultures, this may be more appreciated than
a solution decided upon by the parties alone. In the case of high asymmetry and the risk that the more influential party imposes its
will on the other, arbitration will probably result in a fairer outcome – provided that the arbitrator really is neutral. Unfortunately,
there is a lot of corruption in arbitration, as well. However, as there is more flexibility in the selection of an arbitrator than there is
in case of a judge, the chances are higher of finding a qualified person who is suitably trained in legal matters, accepted by both
parties and who will decide fairly. Whether or not the decision is binding depends on the legal frame, as well as on the agreements
between the parties. Generally, an arbitrator’s decision should not be open to appeal through the courts. In some countries where
the neutrality of the arbitrators cannot be guaranteed, however, the court should be accessible as an option of last resort.
All micro-social land disputes which cannot be solved by consensual approaches, as well as all meso-social land disputes
among individuals or groups that will have to deal with each other in the future and which also cannot be solved by mediation
(such as boundary conflicts between tribes or villages, illegal sale or lease of communal land, or land use conflicts between
farmers and pastoralists) should be settled by arbitration. Even highly asymmetric land disputes such as group invasions of private
land or evictions from state land can be resolved by arbitration. Arbitration can be carried out by different institutions. Special
land courts or land tribunals could apply the method of arbitration, for instance. Adjudication should be reserved for violent and
major criminal land conflicts.

6. Recommendations

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In India because of land acquisition there has been severe resentment for ownership, control, management and use of the
inadequate land resources. There have been many efforts in the recent few years to ensure conventional development of land
rights, but they are dilapidated far behind and there have been disagreement. The present land acquisition laws, its administration
and management in India are not only full of intricacy, procedural difficulties and mismanagement but also not accessible and
responsive to the interest of the common people of the country. Furthermore, the present mechanism to settle land acquisition
disputes is not time saving, cost effective, peaceful and sophisticated. Therefore, The complexity of causes leading to land
disputes, as well as their diversity and the large number of different actors involved, requires an integrated, system-oriented
approach for solving land disputes and for preventing additional ones. To ensure land right and to eliminate land dispute, it is
recommended that govt. should do these:
 Functioning constitutive and regulatory institutions adapted to local requirements are needed. These are tenure security,
land registration, rule of law, land management and ethical guidance.
 A Co-ordinated system of land dispute resolution bodies has to be established, to provide for a wide range of options for
resolution, always giving priority to consensual approaches.
 Land governance can and should be improved by applying principles such as equity, accountability, integrity,
transparency, effectiveness, efficiency, the rule of law, legal security, civic engagement, subsidiarity, security, and
sustainability to the relevant areas. These include land policy, land related legislation, state land management, land
administration, land management, land reforms, land dispute resolution etc 58.
 The establishment of transparent and accessible capital markets can help solve land conflicts, especially when small
amounts of money are made available at the local level (e.g. through microfinance).
 The integration of psychotherapeutic methods to re-establish mutual respect and trust among the conflict parties should
be considered and given priority.
 The effectiveness and jurisdiction of LARR Act should be increased and implemented with high hand to reduce land
disputes;
 A suitable alternative dispute resolution (ADR) method can be introduced to minimize land-related disputes and court
cases as well;
 Providing the legal aid and advice to the poor people who wish to contest their claims and introducing effective legal
literacy program so that poor people could have better ability to realize and deal with land related issues easily.
 It is also recommended to organize Lokadalat on a routine basis in order to lower the burden and pressure on judiciary.
 Establishment of Land Tribunal specially dealing the land related issues at the hierarchy level like the Bihar Land
Disputes Resolution Act 2009 because in the absence of a common adjudicatory body, the people are faced with undue
hardship in getting their grievances redressed because of the complexities of the procedure which is definitely a difficult
task for the layman.

7. Conclusion
The above analysis of various aspects of the 2013 Act and the Bihar Land Disputes Resolution Act 2009, it clearly shows that
despite Rights-based Approach adopted for the 2013 Act, there are many loopholes and deficiencies in the LARR Act. However
the Bihar Land Dispute Resolution Act 2009 is very useful and effective in resolving disputes related to land acquisition and it has
strengthened the dispute resolution instrument in Bihar and the establishment of Bihar Land Tribunal is also a blessing there. In
larger public interest and in the interest of the people of the State, it is deemed expedient to create a consolidated forum for
adjudication of all disputes appertaining to land in the particular State as well as central level. With a view to provide a common
and uniform forum for adjudication of land disputes and land acquisition related cases, it is necessary to create a Tribunal at the
highest level in the hierarchy. The article proposes and examines Dispute Resolution Instruments and various Alternative
Mechanisms and options to manage land resource in a sustainable way and yet avoid land-related conflicts. It is also pointed out
that the market price-based compensation is arbitrary and will not ensure social justice or efficient allocation of land resources
This article attempts at theoretical exposition of an alternate mechanism, heavily drawing upon land-losers ―participation and
cooperation. It relies upon post-acquisition utility of remaining land and occurrence of use and exchange value windfalls. It
proposes an extended scale of acquisition in the first instance, followed by land return in certain proportion to all the participant
land-losers, so that no one gets exclusively hurt and no one turns out land-less while the cohort fares together. As the giest or crux
of the Right to Fair Compensation and Transparency in LARR Act 2013 is itself imbibed in its Literal Interpretation of the Act
that is to provide Just and Fair Compensation first and acquisition later and this whole procedure should be very very transparent
in all manner. Because the establishment of the Rule of Law is a prerequisite for all other measures for the prevention and
resolution of land disputes. This includes clearly defined, non-concealing, non-contradictory laws, legal norms and by-laws
without loopholes, clearly defined roles, functions and responsibilities of all participating actors, a hierarchical court structure,
Land Tribunal responsible for monitoring, an independent media and public participation in the making of laws and rules
58
FAO/UN-HABITAT: Towards Good Land Governance (preliminary title). Rome/Nairobi (to be published).

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(Zimmermann 1999). Therefore, it is the need of the hour in order to make the LARR Act 2013 more efficient, more humane,
more participative, more transparent and give more teeth and give more clear picture of dispute resolution instrument free from all
deficiencies (as discussed above) as compared to the Bihar Land Dispute Resolution Act 2009. At last but not the least,
―Looking at all the procedures of resolving a land dispute, we would conclude that it is easier to prevent a dispute than to
cure it. In resolving a dispute, we cannot do much about the harm that has already been done. It is therefore a more worthwhile
investment for every government to invest in land dispute prevention measures by putting the right policies in place and ensuring
implementation of what the policies require‖ (Kariuki, 2005).

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 The Hindustan Times
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 Live Law News Network

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