LAND LAWS

LAW 446
ASSIGNMENT –

Historical perspective, constitutional provision and feature of land

Acquisition act of 2013

SUBMITTED TO

Mrs. Dalliandeep Kaur Tiwana

SUBMITTED BY

Priya garg

11718820

Ba ,LLB (Hons.)

1|Page
 ACKNOWLEDGEMENT

I would like to pay my praises and humblest thanks to God, the most merciful and beneficiate of
all, who bestowed me with the ability to complete this project. It gives me an immense pleasure
and honor to extend my thanks to my kind and cooperative Assistant Professor Mrs. Dalliandeep
Kaur Tiwana, Faculty of school of law(LPU) for her valuable advices and suggestions throughout
project, in order to perform well and up to mark. Finally, I pay regards of gratitude to my parents,
as they and their prayers for my success are always been a pillar of strength for me in my life.

2|Page
 INDEX

S. No. Title Page no.

1 Introduction 4–4

2 History of land acquisition laws in india 5–5

3 Amendment in constitution, Other Articles 6–6

4 Special protection/power to states under constitution of India 7– 7

5 Aims and objectives: 8-8

6 9 – 18
Silent feature of land acquisition act 2013

7 Other features 18 – 18

8 Recommendation and suggestions 19 – 19

9 Conclusion 20 – 20

10 Bibliography 21 – 21

3|Page
INTRODUCTION

The Fundamental Right to Property enjoys the unique distinction of not only being the second
most contentious provision in the drafting of the Constitution,1 but also the most amended
provision, and the only fundamental right to be ultimately abolished in 1978.

Owning a piece of land has been associated with the societal reputation of a person in india. After
getting freedom from the British, the constitutional experts included provisions that guaranteed
some rights related to land and property ownership to the citizens of India. In comparison to the
old act and the new act we have observed that the 1894 act primary purpose was for acquisition of
land while the act of 2013 main principle was for the purpose of fair compensation and the
resettlement and rehabilitation of those affected persons moreover complete transparency in the
process of land acquisition. The new bill proposes the payment of compensations that are up to
four times the market value in rural areas and twice the market value in urban areas.

Land acquisition is very important for economic development of country so as to produce

employment, social infrastructure. Due to change in law and the economic development of
different- different area of society Government believed that a combined law was necessary one
that legally requires rehabilitation and resettlement necessarily and simultaneously follow
government acquisition of land for public purposes.

The Act 2013 has replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted
during British rules. The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 is a legislation that regulates land acquisition and
provides laid down rules for granting compensation, rehabilitation and resettlement to the affected
persons in India. The Act has provisions to provide fair compensation to those whose land is taken
away, brings transparency to the process of acquisition of land to set up factories or buildings,
infrastructural projects and assures rehabilitation of those affected. The Act will replace the Land
Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule.

HISTORY OF LAND ACQUISITION LAWS IN INDIA

4|Page
 The first piece of legislation in respect of acquisition of property in India was the
geographic area Regulation I of 1824 that was applicable throughout the total area subject to the
presidency of Fort William.

In 1850 the provisions of the Regulation were extended to the many cities, to acquire lands for
public functions. In 1850, once the Railways were being developed. Regulation was extended to
the Railways also. In Madras its also extended. Railways were brought beneath the range of 'public
purpose' in 1850. Thus, it may be seen that until 1857, there was no law of land acquisition
applicable to the total of British India.

The First Legislation on the topic of land acquisition for the total of British India was the Act VI
of 1857.As declared in its preamble, its object was to create higher provisions for the acquisition
of land required for public functions within the territories within the possession and beneath the
governance of the East Indies Company and for determination of the quantity of compensation to
be bought identical. Thus it may be seen that the Collectors are given a outstanding role right from
1857 and still they're enjoying a key role in grant compensation, the therefore referred to as
different Dispute Resolution (ADR) was introduced in acquisition proceedings manner back in
1857.

After some time, the assembly passed the Act X of 1870. The notable contribution of this Act was
that the Act provided for a regard to a Civil Court for the determination of the quantity of
compensation once the collector couldn't settle it by agreement. But it had been replaced by the
Land Acquisition Act, 1894.

In fact beneath the govt. of India Acts 1919 and 1935 the provinces had the facility to ordain with
relation to required acquisition of land and by workout such power several provinces amended in
respect of sure provisions, the Act of 1894. once the Indian Independence Act, 1947, by virtue of
the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 the Act was
created applicable to any or all the provinces of India. After the Constitution, came into force it
had been created applicable to the total of India except half B States.

AMENDMENT IN CONSTITUTION

5|Page
As the developmental project over land and State planned industrial growth predictably resulted
in tensions between the legislature and the executive and also put burden over the judiciary due
to that their werer number of the amendments made such as –

These include the First (1951), Fourth (1955), Seventh (1956), Seventeenth (1964), Twenty-Fourth
(1971), Twenty- Fifth (1972), Twenty-Sixth (1972), Twenty-Ninth (1972), Thirty-Fourth (1974)
and Thirty-Ninth (1975) constitutional amendments. Out Of these-
The First (1951), the Fourth (1955), the Seventeenth (1956) and the Twenty-Fifth (1972) were the
most significant constitutional amendments.

The Right to property was a fundamental right under Article 19 (1) (f) and Article 31 of the Indian
constitution. This Article guaranteed to the Indian citizens a right to acquire, hold and dispose of
the property. Article 31 categorically said that no person shall be deprived of his property by the
authority of law.

However, by the 44th Constitutional Amendment Act, 1978, the Right to property was changed to
a constitutional right, and a new Article 300A was introduced. It was done to discourage the system
and to redistribute land to the landless people of India.

Other Article are-

The Constitution (Forty-Fourth Amendment) Act 1978, abolished Articles 19(1)(f) and 31and
inserted Article 300A into a new chapter IV of Part XII of the Constitution, thereby depriving it
of its ‘fundamental right’ status.
Article 300 (A)- provides ‘No person shall be deprived of his property save by authority of law’.
Following the Forty-Fourth Amendment, there is no express provision requiring the State to pay
compensation to an expropriated owner except as provided in Article 30(1A) and the second
proviso to Article 31A(1).
Article 30(1A) provides for the payment of compensation when the property of a minority
institution has been acquired.
Article 31A (1) –

6|Page
The second proviso mandates the payment of market value compensation in the case of acquisition
of estates, where personal cultivation is being carried on. This has created an anomalous situation,
whereby, in all other cases of acquisition, there is no express constitutional requirement for the
State to pay market value compensation.

SPECIAL PROTECTION/POWER TO STATES UNDER CONSTITUTION OF INDIA

The fifth schedule

The fifth schedule of the constitution covers regions in 10 States viz Andhra Pradesh, Telangana,
Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and
Rajasthan. These States have large indigenous and tribal population. The provision gives them the
power to administer their land and resources, in accordance with their customs. This was a right
which authorities have sought to dilute, saying the land is needed to develop the industry to
generate jobs and income in underdeveloped areas.

The sixth schedule

The sixth schedule of the constitution covers the four northeastern States (Assam, Meghalaya,
Tripura and Mizoram) that have a large indigenous and tribal population and grants them rights
over their land and resources.

It allows the formation of Autonomous District Council. Recently, the Supreme Court of India has
ruled that indigenous people of Meghalaya have full rights over the land and all its resources and
that only the indigenous people can grant permission for the mining activities.

A clause under Article 371 of the Indian constitution applies to the northeastern State of Nagaland.

It protects the customary laws and practices of the indigenous Naga people. It also protects their
Right to ownership and transfer of land and resources. A separate clause extends similar
protections and privileges to the aboriginal Mizo people of Mizoram.

7|Page
The PESA Act

The Panchayat (Extension to Scheduled Areas) Act (PESA), 1996, gives power over land and other
resources to village councils in the 10 Indian States covered by the fifth schedule and recognises
their customary laws, rituals and practices.

The consent of village councils is mandatory for land acquisitions by the State, mining licenses
and other development projects.

AIMS AND OBJECTIVES:

The aims and objectives of the Act include:

• To ensure, in consultation with institutions of local self-government and Gram Sabhas a

humane, participative, informed and transparent process for land acquisition
for industrialization, development of essential infrastructural facilities
and urbanization with the least disturbance to the owners of the land and other affected
families
• Provide just and fair compensation to the affected families whose land has been acquired
or are affected by such acquisition
• Make adequate provisions for such affected persons for their rehabilitation and resettlement
• Purpose and scope:

The Act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement
of those directly affected by the land acquisition in India. The scope of the Act includes all land
acquisition whether it is done by the Central Government of India, or any State Government of
India, except the state of Jammu & Kashmir.

The provisions of the Act does not apply to acquisitions under 16 existing legislations including
the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989.

SILENT FEATURE OF LAND ACQUISITION ACT 2013

8|Page
 • Preliminary Notification

India is a democratic state where every person has the right to know about the action taken or
likely to be taken or which are going to affect their life. The process of acquisition begins with the
issuance of preliminary notification under Section 11 of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

It state that it appears to the appropriate Government that land in any area is required or likely to
be required for any public purpose, a preliminary notification under Section 11 in rural or urban
areas shall be published.

• Public purpose

One of the silent features of the act is the public purpose as it is defined under section 2(1) of
LARA 2013. It should be their while government is going to acquire the land of any person.

Surya Pal Singh v State of Uttar Pradesh1

The Court held that the expression ‘public purpose’ was ‘elastic and could only be developed
through a process of judicial inclusion and exclusion in keeping with the changes in time, the state
of society and its needs’.

KT Plantation Private Ltd v State of Karnataka2

The Supreme Court held that the ‘rule of law’ prevailed in India and the Court was not ‘powerless’
in a situation ‘where a person was deprived of his property… for a private purpose with or without
providing compensation’,74 as a result of which any State acquisition of property must satisfy the
requirements of ‘public purpose’ and ‘compensation’ under Article 300A.

• Publication of Notification

1
(1952) 1 SCR 1056
2
(2011) 9 SCC

9|Page
The Preliminary Notification shall be published in the following manner:-

(a) In the Official Gazette;

(b) In two daily newspapers circulating in the locality of required area of which one shall be in the
regional language;

(c) In the local language in the Panchayat, Municipality or Municipal Corporation, and in the
offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;

(d) Uploaded on the website of the appropriate Government;

Immediately after issuance of the notification, the concerned Gram Sabha or municipalities shall
be informed of the contents of the notification issued in all cases of land acquisition at a meeting
called especially for this purpose.

The notification to be issued shall contain details of the land to be acquired, a statement on the
nature of the public purpose involved, reasons necessitating the displacement of affected persons,
summary of the Social Impact Assessment Report and particulars of the Administrator appointed
for the purposes of rehabilitation and resettlement.

Khub Chand vs. State of Rajasthan

In this case Court has held that, the words of Section 4(1) of the Land Acquisition Act, 1984 clearly
suggest that the requirement is a mandatory one. Publication of the notification in the manner
prescribed in Section 4(1) of the Act, it appears from the subsequent scheme of the Act, is an
indispensable condition for a valid acquisition.

K. Madhava Rao vs. State of A.P

In this case Court observed that it is duty of Court to determine whenever question is raised
whether acquisition is or not for public purpose. However, prima facie Government is the best
judge as to whether acquisition is for public purpose. But it is not sole judge.

10 | P a g e
Although the above cases were dealt under the old law of Land Acquisition Act, 1984, but the
provisions of the new Act and the old law are somewhat similar. Therefore, the rules laid down in
the landmark judgments under the old law will hold well under the new Act also.

• Emergency Acquisition
Under this the land acquisition can be expedited if it relates to national defense, security, matter
effects the sovereignty and integrity of India, the security and strategic interests of the State or
relations with foreign States..
Section 40 state Special powers in case of urgency to acquire land in certain cases.

• Restriction on Transaction:

No person shall make any transaction or cause any transaction of land specified in the preliminary
notification from the date of publication of such notification till such time as the proceedings of
acquisition are completed.

• Lapse of Social Impact Assessment report

Section 14 provides that where a preliminary notification under section 11 is not issued within 12
months from the date of appraisal of the Social Impact Assessment report submitted by the Expert
Group. Such report shall be deemed to have lapsed and a new Social Impact Assessment shall be
required.

The appropriate Government can extend the period of twelve months.

• Survey of Land

Section 12 provides for the preliminary survey of land .For the purposes of enabling the appropriate
Government to determine the extent of land to be acquired any officer or servent authorized by
such Government.

(a) to enter upon and survey of land (b) to dig or bore, (c) to do all other acts necessary
(d) to set out the boundaries of the land proposed (e) to mark such levels, boundaries
and line or to cut down and clear away any part of any standing crop, fence or
jungle.

11 | P a g e
 • Limits on acquisition
• The act does not allow acquisition of land under multi cropped area. The act also mandates
that in case of acquisition of multi cropped area under exceptional circumstances, an
equivalent area of cultivable wasteland shall be developed by the state for agricultural
purposes. In case of acquisition of other agricultural land, total acquisition should not
exceed the limit as specified by an appropriate authority. These limits shall not apply to
linear projects which include projects for railways, highways, major district roads, power
lines, and irrigation canals.

• Restriction:

No act in land shall be conducted in the absence of the owner of the land or in the absence of any
person authorized in writing by the owner

Satnam Singh vs. State of Punjab3

In the Court held that a notice is necessary condition precedent for the exercise of the power of the
entry, and non-compliance with these conditions make the entry of the officer or his servants
unlawful.

• Payment for Damages:

As it’s a natural law one person must compensate other person the harm/ loss cause to other
because his act. The section 13 states the same.

Damage means any harm done to land during the course of surveying. In case of dispute as to the
sufficiency of the amount so paid the officer shall at once refer the dispute to the decision of the
Collector or other chief revenue officer of the district, and such decision shall be final

3
Crl. Appeal No.321-SB of 2001

12 | P a g e
 • Hearing Objections

Opportunity of being heard or the Audi alteram partem is a Latin phrase meaning "listen to the
other side", or "let the other side be heard as well" mean the party must be given a opportunity of
being heard. It’s the silent feature of the act as Section 15 is consistent with the basic principle that
no man’s property shall be acquired unless he has been given an opportunity of being heard. The
main is to call for objections against such acquisitions by owners or others who are having certain
interest in the property.

Section 15(1) provides that any person interested in any land likely to be required for a public
purpose may within 60 days from the date of the publication of the preliminary notification, they
can file objection to–

(a) The area and suitability of land proposed to be acquired;

(b) Justification offered for public purpose;

(c) The findings of the Social Impact Assessment report.

• Land Acquisition, Rehabilitation and Resettlement Authority

It is established to adjudicate matters arising out of the implementation of this law. It will be
established by the state government as a “One Person” Land Acquisition, Rehabilitation and
Resettlement Authority with powers of civil court. He must be either qualified to be a District
Judge or must have seven years law practice experience.
• Rehabilitation & Resettlement Scheme

When it comes to the silent feature the scheme provided Section 16 is a silent feature which bound
the authorities to reduce the actual loss to the people of that area. It provides for the preparation of
Rehabilitation and Resettlement Scheme by the Administrator. In earlier act their was no concept
as the act of 2013 state.

13 | P a g e
The Collector and the Administrator for Rehabilitation and Resettlement shall conduct a survey
make the list of affected families.

This shall include–

(a) Particulars of lands and immovable properties being acquired of each affected family;

(b) Livelihoods lost in respect of landless who are primarily dependent on the lands being acquired;

(c) A list of public utilities Government buildings, amenities and infrastructural facilities which
are affected or likely to be affected, where resettlement of affected families is involved;

(d) Details of any common property resources being acquired.

• Review & Approval of Scheme:

As the Section17 bound the Collector as it shall review the draft Scheme as submitted by the
Administrator with the Rehabilitation and Resettlement Committee at the project level constituted
under section 45. It is putting a supervisory function/duty on the collector.

• Declaration

Under Section 19 of the new Act state that the final declaration shall be published by the authority
within a period of 12 months from the date of issuance of preliminary notification .

When the appropriate Government is satisfied that any particular land is needed for a public
purpose, a declaration shall be made to that effect, along with a declaration of an area identified as
the “resettlement area” and sealed by a Secretary to such Government or of any other officer

• Publication of Declaration:

Every declaration shall be published in the following manner:-

(a) in Official Gazette;

(b) in two daily newspapers circulated in the locality and one shall be in the regional language;

14 | P a g e
(c) It should be given to Panchayat, Municipality or Municipal Corporation, as the case may be,
and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;

(d) it should uploaded on the website of Government.

• Summary of Scheme:

The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along
with declaration. But no declaration unless the summary of the Rehabilitation and
Resettlement Scheme is published.

Habib Ahmed v. State of Uttar Pradesh4

The Court has held that neither the notification nor the declaration can be quashed on the ground
that there was no necessity for acquiring the land for a public purpose. Whether the land is required
for a public purpose or not has to be decided solely by the State Government.

• Provision for SC/STs

Their land will be acquired only under exceptional circumstances and that too with the prior
consent of Gram Sabha or Autonomous District Councils in fifth schedule. Moreover,
development plan have to be launched within 5 years to ensure their livelihood is not affected.
Also, one-third compensation will be provided before acquisition and rest after the process is
completed.

• Lapse of Notification:

Where no declaration is made within 12 months from the date of preliminary notification, then
such notification shall be deemed to have been rescinded. \\ in computing the time of 12 months
any stay or injunction by the order of any Court shall be excluded.

The declaration shall be conclusive evidence that the land is required for a public purpose and after
making such declaration.

4
1954 AIR 728, 1955 SCR 707

15 | P a g e
 • Notice To Persons Interested

The notice to person is one of the silent features of this act the provision of this act is giving proper
opportunity of being heard to the party and aslo following the due process of law as mention in the
light of justice.

Section 3(x) defines ‘person interested’ as-

• all persons claiming an interest in compensation

• (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest
rights recognized under special law

• (iii) a person interested in an easement affecting the land

• (iv) persons having tenancy rights

• (v) any person whose primary source of livelihood is likely to be adversely affected

• Public Notice:

Under Section 21 the Collector shall publish the public notice on his website and public notice to
be given at convenient places which shows that the act of government should be in the knowledge
of the people of that region. Its also state thatthe notice must state that the Government has intends
to take possession of the land and that claims to compensations and rehabilitation and resettlement
for all interests in such land may be made to him.

The time period should not be less than 30 days and not more than 6 months after the date of
publication of the notice.

In case any person interested resides elsewhere Collector shall send notice to him by post in last
known residence, address of business and also publish the same in at least two national daily
newspapers and also on his website.

16 | P a g e
State of Madras Vs. B.V. Subramania Iyer5

In this case 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.

• Land left unused after acquisition

Land acquired for one purpose cannot be used for another purpose under section 99. However if
the land is rendered useless for the originally notified purpose, the appropriate government may
use it for another purpose. If the land acquired is not utilized within a period of five years from the
date of taking possession, it shall be redelivered to the original owner.

• Statement to Collector:

Duty and liability prescribed under Section 22 is the basic feature of act. The Collector may also
require any interested person to make a statement within 30 days containing the name of every
other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor,
mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and
profits.Example –

Every person required to make or deliver it as per provision of the Indian Penal Code 1860 that is
within the meaning of-

Section 175- Omission to produce document to public servant by person legally bound to produce
it

Section 176- Omission to give notice or information to public servant by person legally bound to
give it.

5
1966 61 ITR 613 Mad

17 | P a g e
 • Acquisition Award

The new Act stipulates that the minimum compensation is to be a multiple of the total of the
ascertained market value plus value of the assets attached to the property plus a solatium equal to
100% of the market value of the property including value of assets.It’s the silent feature of the act
because the proper attention or consedration is paid to the all the person those who are going to be
effected by this.

• Period for Award:

As India is democratic state the land act 2013 bound the state or concerned authorities and
appropriate government to pay amount with a time period so that person should not suffer any
harm or difficulty Under Section 25 award must be paid within a period of 12 months from the
date of publication of the declaration and if no award is made within that period, the entire
proceedings for the acquisition of the land shall lapse. Also government has the power to extent it.

• Determining Market Value:

The claimant will be entitled to the compensation which is determined on the basis of the market
value of the land determined as on the date of preliminary notification.

It will be four times the market value of land in rural areas and twice in urban areas. The market
value of the land will be set as higher of: minimum land value specified in the Indian Stamp Act,
1899 or average of the sale price for similar type of land being acquired ascertained from the
highest fifty per cent of the sale deeds registered during the preceding three years in the nearest
area of the land being acquired.

The new Act of 2013 proposes the above benchmarks as minimum. The state governments of
India, or private companies, may choose to set and implement a policy that pays more than the
minimum proposed.

• Value of Things Attached:

18 | P a g e
The new act also specify the Collector in determining the market value of the building and other
immovable property or assets attached to the land or building which are to be acquired.

Section 29 will use the services of a competent engineer or any other specialist in the relevant
field, as may be considered necessary by him.The Collector for the purpose of determining the
value of trees and plants attached to the land acquire and value of the standing crops, use the
services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any
other field, as may be considered necessary by him.

Other features

• Government acquires land for its own use, hold and control, including land for Public
sector undertakings.
• Government acquires land with the ultimate purpose to transfer it for the use of private
companies for stated public purpose. The purpose of LARR 2013 includes public-private-
partnership projects, but excludes land acquired for state or national highway projects.
• Government acquires land for immediate and declared use by private companies for public
purpose. For government projects, no consent is required while consent of 70 per cent of
landowners is required for Public-Private Partnership (PPP) projects and 80 per cent for
private projects.

RECOMMENDATION AND SUGGESTION

19 | P a g e
 ✓ There should be more transparency in the land acquisition process.
✓ The general public and their representative must be paid due attention while acquiring land.
✓ Data related to land acquisition should be available on the website on the appropriate
government on weakly basis.
✓ The compensation process or award should be made within the time prescribed as it will
not affect the party and the development policies of the government.
✓ The proceeding of land acquisition should be complete within time specified.
✓ The land should be used for the public welfare and environmental policies should be take
car/ monitor by the government in more efficient way.

CONCLUSION

An act that was born during a completely different context, amended beneath numerous
compulsions and continues to be in conflict with sundry different law. Where as the demand for
the land continues to extend so as to fulfill the rising demand of the land. The effort of the
government is power to bring forth the changes in LARR Act area unit commendable.
Though the necessity of the hour for the developing country of ours is to expand its infrastructure
and welcome the technological advancements with open hearts so as to bridge the gap between
developing and developed countries, still the foremost issue that India is associate degree
agricultural primarily based country cannot be neglected. The govt. has to compensate as per
growing valuation over time instead just one occasion settlement that too supported governmental
valuation that perpetually remains abundant lesser than market valuation. The recent proposals
concerning compensation supported lease or rent is value thought.

BIBLIOGRAPHY

indiankanoon.org

20 | P a g e
cprindia.org

legislative.gov.in

www.lawctopus.com

Manupatra.org.in

www.bing.com/

21 | P a g e