Saturday Brain Storming Thought (103)-06/03/2021-COMPILED BY ER AVINASH KULKARNI
LAND AQUISITION
Land acquisition is the power of the union or state government in India to acquire private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and to compensate the affected land owners for their rehabilitation and resettlement
Purpose of land acquisition
1) infrastructural development
2) urbanisation
3) industrialisation
The land acquisition act also known as the Right to Fair Compensation and Transperancy in land acquisition, rehabilitation and resettlement Act 2013, regulates and governs the entire process of land acquisition
The Act chalks out the provision for providing fair remuneration to the land owners, bringing transperancy to the system and directs the government to rehabilitate those who are most affected, because of their land being taken away
Importance of Consent
1) No consent needed When the government acquires the land for public purposes and controls the land bank directly
2) consent of at least 80% of affected families When the land is acquired for setting up private companies
3) consent of at least 70% of affected families When the project is undertaken through a public-private partnership Compensation under land acquisition act
Section 26 of the act deals with compensation for the land owners
The market value of the land is determined by the average sale price for similar types of land situated in the nearest vicinity area
This sale price is assessed, by considering one-half of the total number of sale deeds or the agreements to sell, in which highest price has been mentioned
Usually the market value is multiplied by a factor of one or two times, for land acquired in urban and rural areas
Time limits for various steps for land acquisition under the act
1) Social impact assessment Section 4(1) last provision Time 6 months
2) Appraisal of SIA by review committee Section 7(4) & 7(5) Time 2 months
3) Examination of land acquisition proposal and SIA by appropriate government Section 8 No time limit specified
4) SIA expert group appraisal to preliminary notification Section 14 12 months but extendable by appropriate government
5) Preliminary notification to updating of land records Section 11(5) 2 months
6) Preliminary notification to objections Section 16(1) 2 months
7) Preliminary notification to R&R survey Section 17(1) Time limit to be prescribed in Rules
8) Preliminary notification under section 11 to declaration under section 20 Section 15 and 20(7) (inconsistency) 12 months for section 15 but extendable by appropriate government, also court stay period excluded section 20(7)
9) Time for compensation claims to be made Section 22(2) 1 month to 6 months
10) Declaration to Award Section 26 12 months but extendable by appropriate government
11) Correction of Award by Collector Section 34(1) 6 months
12) Award to possession of land by collector Section 39(1) After ensuring compensation is paid (3 months) and monetary component of R&R paid (6 months)
13) Time for infrastructure entitlements under R&R Section 39(1) proviso 18 months after award
The process could take up-to 50 months (not counting extensions)
