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If you are going through some legal proceedings with regard to land acquisition, then you should know about the Land Acquisition Act,2013. Through this Act, you will get a better solution over Land acquisition issues. Land Acquisition is a process through which a Government acquires land from landowners for various purposes.
To regulate the land acquisition activities in India and to grant compensation and rehabilitation to the affected person, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 (The New land acquisition Act) was enacted.
In this blog, we will update you regarding the New Land Acquisition Act,2013.
Table of Contents
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 came into force on January 1st,2014. It is commonly known as the Land Acquisition Act, 2013.
This Act replaced the old Land Acquisition Act, 1894. The New land acquisition Act regulates the land acquisition process. In the new act, there is a special provision for granting compensation and resettlement to the persons who are affected through the land acquisition. However, the act is meant to provide better and fair compensation to those persons whose land is taken away by the government.
The Acquisition Act, 2013 is applicable when
The main objectives of the New Land Acquisition Act, 2013 It aims to better upliftment of the people who lost their land in land acquisition and got unreasonable compensation amount in this regard. The aims and objectives of the New land Act are to :
The New Land Acquisition Act, 2013 was enacted to make special arrangements for providing resettlement, compensation, and rehabilitation to the landowners. The landowners were those who lost their land in land acquisition proceeding initiated by the Government.
The scope of this Act extends to those land acquisitions that were done by Central govt or any state government is covered under this act. Please note that Land acquisition proceeding that is initiated in the State of Jammu and Kashmir does not fall under the scope of this act.
Under this Act, it was mentioned that there shall be a certain limit in a matter of land acquisition. The limit is as follows:
For any land acquisition, consent of the landowner is very necessary. The new act,2013 specifies that
In the Land Acquisition Act, 2013, there is a better provision for providing compensation to the landowners whose lands are acquired.
One of the basic purposes of the New Act is to make arrangements for rehabilitation and resettlement of the affected landowners. According to the New Act:
Whenever Govt seeks to acquire any land then it is mandatory to issue a notification in the official gazette and in any local newspaper.
Through the issuance of the notification, the landowner will aware of the land acquisition and becomes able to take appropriate necessary steps.
The Land Acquisition Act,2013 has numerous advantages. It basically intents to provide facilities and other benefits for people whose land were acquired without obtaining their consent and get a lower amount of compensation.
Let’s now discuss some of the advantages of the New Land Act,2013 which are as follows:
The Land Acquisition Act, 2013 made provision for providing fair compensation to the landowners. The act mandates the government to provide higher compensation amount for the proposed land acquisition.
Under the New land act, it is mandatory for the government to obtain the prior consent of the landowners before proceeding for land acquisition.
Without making any arrangement of resettlement, the government cannot acquire any land from the landowners.
The acquired land will be used for public purpose. Government shall not acquire any land for any other purpose which is not beneficial for the public.
Under the guidelines of the New Land Acquisition Act, no income tax, stamp duty will levy on any award made under this Act.
However, if any landowner does not claim such award, then he/she is liable to pay fee and income tax as prescribed under the Act.
There is a special provision in the New act for the return of unutilized land. If the acquired Land was not utilized for a period of five years from the date of possession taken over by the Government, then the same shall be returned to the landowners or their legal heirs.
The Land Acquisition Act, 2013 makes provision for imposition of penalty on account of violation of provisions of the Act.
Where it finds that any person, government authority violates any of the provision with regard to payment of compensation, rehabilitation, and resettlement, then a penalty of six months will impose on that person.
In the case of Aligarh Development Authority vs. Megh Singh, Supreme Court gave decision relating to lapse of land acquisition proceeding under section 24 of the Land Acquisition Act,2013. In this case, Hon’ble Supreme Court held that:
Under the first situation, where the award had not been passed, the acquisition proceedings could continue, but the compensation will have to be determined under the scheme of the 2013 Act.
Under the second situation, there is a statutory lapse of the proceedings.”
Land Acquisition Act, 2013 is way simpler than the old land acquisition act. Purpose of this new Land acquisition act is to grant fair compensation and resettlement to the affected persons. The new Act helps the landowners who lost their land. For Government, the act provides certain restrictions in a matter of land acquisition. However, the new land act also helps to increase the growth in industrial as well as agricultural sectors.
Read our article:Benami Property Laws in India
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