Scribd
Upload
17 views5 pages

Land Manasa 26 1

The Land Acquisition Act 2013 in India governs the process by which the government acquires private land for public purposes, ensuring fair compensation and rehabilitation for affected landowners. It aims to facilitate urbanization and infrastructure development while addressing the needs of displaced populations. The Act outlines specific provisions, definitions, and objectives to ensure transparency and fairness in the land acquisition process.

Uploaded by

Sreelekha Kotla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
17 views5 pages

Land Manasa 26 1

The Land Acquisition Act 2013 in India governs the process by which the government acquires private land for public purposes, ensuring fair compensation and rehabilitation for affected landowners. It aims to facilitate urbanization and infrastructure development while addressing the needs of displaced populations. The Act outlines specific provisions, definitions, and objectives to ensure transparency and fairness in the land acquisition process.

Uploaded by

Sreelekha Kotla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

LAND ACQUISATION ACT 2013

WHAT IS LAND
 Real property or real estate.
 The space underneath the land, the land itself, and the airspace
over it.
 It may include improvements like buildings.

LAND DEFINITION: land refers to a property or real estate, except buildings and facilities
allocated by fixed spatial boundaries.

Introduction
Land acquisition in India refers to the procedure by which the Union or a
state government in India acquires private land for industrialisation, the
advancement of infrastructural facilities, or the urbanisation of privately
owned land, and offers compensation to the impacted landowners as well
as their rehabilitation and resettlement.

Need for the Land Acquisition Act


There are a number of significant challenges and reasons why a new land
acquisition statute was necessary. The following are a few of the primary
factors and concerns:

 The need for urbanisation and land has grown as a result of


industry expansion, globalisation, Special Economic Zones, etc.
On the other hand, reasonable compensation, relocation, and
restoration plans must be offered to landowners whose property
must be acquired by the government. The land is therefore
necessary for industrialisation and economic progress, but the
affected populations must not suffer as a result of the acquisition.

Objectives of the Land Acquisition


Act, 2013
The “Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation, and Resettlement Act, 2013” and the national draft LARR Bill
from 2011 both outline the Act’s objectives. Inferring from the Act and the
national draft LARR Bill of 2011, the following primary objective:

 The Act’s first goal is to define and direct a land acquisition process
that involves consultation with local self-government and the Gram
LAND ACQUISATION ACT 2013
Sabha and is transparent, educational, and participatory. This land
acquisition process’s goal is the development of vital infrastructure and
urbanisation, both of which are required for public purposes.
 The second objective is to guarantee that the landowners whose
property is being acquired receive equitable and fair compensation
while taking into account all the economic and social factors. likewise
to guarantee appropriate procedures and rules for the same.

Applicability of the Land Acquisition


Act, 2013

The government acquires property for its own use, possession, and
control, including public sector enterprises. The land is acquired by the
government with the ultimate goal of transferring it to private
corporations for a specific public purpose. Projects involving public-private
partnerships are included in LARR 2013, but those involving property
acquired for state or national highway projects are not. The land is
acquired by the government for declared and immediate use by private
businesses for public purposes. Acquisitions made under 16 current laws,
such as the Special Economic Zones Act of 2005, the Atomic Energy Act of
1962, the Railways Act of 1989, etc., are exempt from the terms of the
Act.

Important provisions of the Land


Acquisition Act, 2013
Public purposes

The following are examples of public purposes for land acquisition in India
as defined by Section 2(1) of the Act:

 For any work essential to the national security, defence, or safety


of the people, or for strategic reasons pertaining to the navy,
military, air force, and armed forces of the State, including central
paramilitary forces; or
 For infrastructure projects, such as those listed below, specifically:
LAND ACQUISATION ACT 2013

Landowner
The following people have deemed landowners under the Act:

1. A person whose name appears in the records of the relevant


authorities as the owner of the property, building, or a portion
thereof; or
2. A person who has been given forest rights by the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act of 2006 or by any other currently enacted law.

Agricultural land
“Agricultural land” is defined as land utilised for—

1. agriculture or horticulture;
2. raising animals or producing medicinal plants in nurseries or in
the dairy and poultry industries, as well as in pisciculture and
sericulture;
3. cultivating plants, trees, grass, or products from the garden.

Company
“Company” means

1. a business, as defined in Section 3 of the Companies Act of 2013,


other than a government-run company;
2. a society recognised by the Societies Registration Act of 1860 or
by any comparable statute currently in effect in a State.

Re-settlement area
“Re-settlement Area” refers to a location where the appropriate
Government has relocated the impacted households that have been
displaced due to land acquisition.

Landmark case laws on the Land


Acquisition Act, 2013
LAND ACQUISATION ACT 2013
Land Acquisition Officer, A.P v. Ravi Santosh Reddy (2016) In a
1987 land acquisition case, the Andhra Pradesh Government pursued
the landowner into court for 20 years to challenge his Rs. 50,000
claims. Meanwhile, the claimant died in the middle of this lengthy
legal process. When the state government sought the Supreme Court,
the deceased’s heirs failed to attend. However, in May 2016, the
Supreme Court issued a decision in which it slammed the state
government for abusing the legal system, saying, “In our opinion, the
State unnecessarily pursued this pity matter to this Court in this
appeal, which does not involve any arguable point either on facts or in
law, nor does it involve any point of public importance, nor does it
involve any substantial claim.” It was just a calculation of the
payment of interest on the decretal sum for a specific term. In this
Court, however, learned counsel was unable to demonstrate any
illegality or perversity in the executing court’s assessment of the
state’s responsibility in paying Rs.50,000/- in interest. “As a result, it
was, in our opinion, a clear abuse of process on the part of the state to
pursue a matter by filing a misconceived appeal against an interim
order, which we do not approve,” further adding, “It is unfortunate
that the state did
not satisfy a genuine claim of the land owner for such a long time.“
SAILENT FEATURES OF THE LAND ACQUISITION ACT :
Legalisation giving effect to the power emimnent domain .
Compherensive leglisation consisting of 62 sections contained in 8 parts
Legalisation providing for land acquisition for public purposes and for
companies.
Procedure complying with principles of natural justice to acquire the
land.

THANK YOU

T. MANASA
LAND ACQUISATION ACT 2013
R.NO 26

You might also like