Land Law 2013

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India’s new land acquisition B, praised in some quarters and reviled in others, is a complex piece of legislation. It was passed by the o! "abha on #hursday and will li!ely be passed by the $a%ya "abha shortly as well.  #he government has issued a document explaining explaining the tenets of the Bill that o&ers a comprehensive explanation of a law that will change how land is acquired and owners are compensated in India. "ome frequently as!ed questions on the land acquisition, resettlement and rehabilitation Bill' Why Wh y do does es th the e go gove vern rnme ment nt ne need ed to ac acqu quir ire e la land nd fo for r pr priv ivat ate e companies as well as public-private partnership projects?

( a and nd $ec ecor ords ds in mo most st pa part rts s of th the e co coun untr try y ar are e fr frag agme ment nted ed an and d disorganised. In most cases they haven’t been updated for decades. #he new law overcomes that by ensuring the )ollector updates the land reco corrds and also pays up to fou ourr times th the e valu lue e to cor orrrect any inaccuracies. ( If land is purchased then there are no bene*ts for livelihood losers who are usually far greater in number than the land owners. #his Bill ensures that they are ta!en care of and not simply displaced. ( #he ine inequa qualit lity y in ter terms ms of ba barg rgai ainin ning g pow power er be betwe tween en la larg rge+ e+sca scale le corporations and small farmers and other marginalised groups increases the li! li!eli elihoo hood d of un unfa fair ir ag agre reeme ements nts.. )on )ontra tracts cts ten tend d to be si signe gned d in favour of the party negotiating from a greater position of strength. #hat is why government is required to bridge the gap and bring balance to this relationship. (  legitimate need for acquisition by the state itself -to build public goods such as roads, schools and hospitals can be undermined and stalled by groups with vested inter interests. ests. If there is no sovere sovereign ign power to Right to Fair Compensation and Transparency in Land  Acquisition, Rehabilitation and and Resettlement Act, Act, 2013

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compel these groups, a single individual or group of individuals can hold a process hostage merely by refusing to part with land. /urther, in times of cri risi sis s su such ch as wa war, r, fa fami mine ne an and d 0o 0ood ods, s, co coup uple led d wi with th ab abse senc nce e of  legi le gisl slat atio ion n cl clar arif ifyi ying ng an and d gu guid idin ing g th the e st stat ate’ e’s s exer erci cise se of 1e 1emi mine nent nt domain’, situations can emerge %eopardising human lives. What are the highlights of the new Bill? • ompensation' 2iven the inaccurate nature of circle rates, the Bill

proposes the payment of compensations that are up to four times the mar!et value in rural areas and twice the mar!et value in urban areas. ( !"!' #his is the very *rst law that lin!s land acquisition and the accompanying obligations for resettlement and rehabilitation. 3ver *ve chapters and two entire "chedules have been dedicated to outlining elaborate

processes

-and

entitlements

for

resettlement

and

rehabilitation. #he "econd "chedule in particular outlines the bene*ts -such as land for land, housing, employment and annuities that shall accrue in addition to the one+time cash payments. !etrospect ospective ive oper operation ation## #o ad ( !etr addr dres ess s hi histo storic rical al in in%us %ustic tice e the Bil Billl

applies retrospectively to cases where no land acquisition award has been made. lso in cases where the land was acquired *ve years ago but no compensation has been paid or no possession has ta!en place then the land acquisition process will be started afresh in accordance with the provisions of this act. ( $ultiple chec%s and balances#  1comprehensive, participative and meaningful’ process -involving the participation of local Panchayati $a% institutions has been put in place prior to the start of any acquisition proceeding. 4onitoring committees at the national and state levels to ensure that $5$ obligations are met have also been established.

Right to Fair Compensation and Transparency in Land  Acquisition, Rehabilitation and and Resettlement Act, Act, 2013

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(

"pecial

saffeguards sa

f or

tribal

communities

and

other

disa di sadv dvan anta tage ged d gr grou oups ps'' 6o la law w ca can n be ac acqu quir ired ed in sc sche hedu dule led d ar area eas s without the consent of the 2ram "abhas. #he law also ensures that all rights guaranteed under such legislation as the Panchayat Panchayat -7xtension to "cheduled reas ct 899: and the /orest $ights ct ;