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LAND AQUISITION-ALL YOU NEED TO KNOW ABOUT

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)

Compiled by

Avinash Kulkarni

Chartered Engineer
Govt Regd Valuer
IBBI Regd Valuer

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