Outline of land_acquisition_law_in_india_e-_naveen_kumar_shelar-_advocate

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Outline Of Land Acquisition Law In India
INTRODUCTION
Land is a valuable natural resource and is main source of livelihood that is why it is rightly
regarded to be the Life of Indian society, and Land reforms have been major
instruments for social transformation. Thus the Land and Land reforms issues are
the focal point of the political and economic agenda of the country. But every
concern Government neglected the social legislature on land acquisition, Land
reforms have been given a feebly attempted at various times and this has proved to
be a case of the cure is worse than the illness, and this was the core substance of
every resistance movement in Indian history.
Land and Reforms and are the correlative terms in Indian History, in consequence
protest and dissatisfaction, from the British Raj, till recent years (before LARR-
2013), the Land Acquisition and Reforms Acts, were unbalanced, it generally look
at as a forced measure, with the shadow of “Public Purpose”, as Public necessity is
greater than private necessity (“necessitas publica major est quam privata”).
Land acquisition refers to the process by which the government almost forcibly
acquires private property for public purpose even with without the consent of the

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land owner, which is different from a market purchase price, the sovereign always
gives priority to public purpose at the cost of individual because the roots are in
the maxim “salus populi est suprema lex ” means public welfare is the highest
law.
The intention behind “Public Purpose” theory is based on “good for public at
large”, but the initialization of Land Acquisition in British period, was based on
ulterior motive of extortion for Indian Resources for “Company Interest”, and
commercial purposes only.
The latest enactment also based out of “goods for pubic at large”, but individual
centric too with the essence of social legislature, the four basic principle i.e.
1. Right to Fair Compensation
2. Prior Consent
3. Transparent Process
4. Economic and Social Balance (Rehabilitation and Resettlement)
COMPARATIVE TABLE
Basis LAA-1894 LARR-13 Difference Quality Critic
Birth 1894 2013 - - -
Purpose 1. Acquisition of
Land for Public
Purpose.
2.To satisfy
1. Acquisition
of Land with
the concern of
Affected
Families. Land
1. Colonial
Interest.
2.Social
Legislature
1.First Legislature
to regulate Land
Acquisition
2. First time Social
1. British Govt.
Centric Law.
2. Highly Land
Owner centric, and
REMEMBER
Maxim- Public Purpose-
 “necessitas publica major est quam privata”- Public necessity is greater than private necessity
 “salus populi est suprema lex means”- Public welfare is the highest law
 “Public Purpose” theory is based on “good for public at large”,
Back Bone of LARR-13
 Right
 Consent
 Transparency
 Balance
What are the Maim related
to Public Purpose?
What are the backs Bone
of LARR-13?

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British Govt.
interest and
Commercial
purpose
2. Acquisition
considered to
be the Last
Resort.
legislature
integrated
ignore the
sustainable needs of
poor Indian, like.
school, hospitals,
industry etc.
mainly a political
motivated
enactment
Who Is
Protected
British Govt.
Commercial
Interest
Affected
Families
Environment
- - -
Back Bone Public Purpose Public Purpose
with R&R
Intention of
the Govt.
- -
Nature of
Acquisition
Almost Forced Prior Consent,
of GS,
Panchayat,
Municipalities
Consent Opinion of persons
who is actually
affected
May long
procedure
Indicators:
1. LA- Land Acquisition
2. LAA- Land Acquisition Act 1984
3. LARR 13- The right to fair compensation and transparency in land acquisition,
rehabilitation and resettlement act, 2013
4. In Colum 5,6,7 (difference, good, critic), First Point refer to LAA, and Second Point
refer to LARR-13
5. R&R- Rehabilitation and resettlement
6. GS- Gram Sabha
History – Land Acquisition Legislature in India
Synopsis
1. Ancient Period
2. Colonial period
3. Post independent Period

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1. ANCIENT TIME
In Vedic period also the principle of private property and private ownership has
been recognized, but there was nothing called supreme ownership with respect to
land, but the common principle who land right subsists with who cultivate it. It is
an amazing fact that land was never regarded to be the property of any King or
monarch but it was the property of the village, and the interference of the
sovereign were restricted to a share of usufruct for the security he provided in
return, even in Hindu period or in Muslim period. In fact it was the common
behavior of the sovereign that land owner were allowed to continue to enjoy
traditional rights over land they occupied, and generally could not be dispossessed
unless they failed to pay the required land revenue (land tax) to the state.
2. COLONIAL PERIOD
With the arrival of the East India Company, the land structure underwent radical
changes. And Land became the instrument of revenue generation only, and the
principle of private property and private ownership has been completely neglected,
and land considered to be the ultimate property of sovereign, that is why we seen
Britisher, made many experiment with
The ulterior desired of British Government was to maximum satisfaction of their
ulterior motive of extortion of Indian resources, to execute such clandestine
desired the Government, established such Laws, which Indicate only English
purposes i.e. consolidate colonial commercial interests, and The Land
acquisition Act, 1894 was enacted for the purpose of compulsorily acquiring of
land required for public purpose or for purpose of company
BANGAL REGULATION I OF 1824
In 1824, through Bengal Regulation I Of 1824, British Government made first
hit to acquisition of private property, the application of this act was on the whole of
the provinces immediately subject to the Presidency of Fort William, which
empowered the Govt. Officers to acquire private property on the basis of public
purpose and that was Roads, Canals or other Public Purposes.
Act XXVIII of 1839
Through this act, an extension is being provided to acquisition of private land on
the basis of altering, wider any public road, drain, street or making of new road or
pathway for public purpose.
ACT I OF 1850

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By Act I of 1850, some of the provisions of the Regulation were extended to the
town of Calcutta with the object of “confirming the title to lands in Calcutta taken
for public purposes.
Act XLII of 1850
When Britisher establish the Railway network for their ulterior motive, it had been
felt that the acquisition of land is also need for Railways, and the Act XLII of
1850, declared that Railways were public works, and the land can be acquire for
the same.
Act XX of 1852
In Madras Act XX of 1852, were passed for the purpose of facilitating the
acquisition of land for public purpose.
Act VI 1857
In the year 1857, the grievances of Indian society against the British Government
were at its highest level, the government repealed all the previous enactments
concerning to land Acquisition, and formulated new provisions for Land
Acquisition on the basis of Public Purpose, through out the region of EIC, the
amount of compensation also be confirmed. The collector was entitled to
determined the compensation by agreement if possible, but if there was no such
agreement, the arbitrator played a role to resolve the disputes, who decision was to
be final and could not be challenged in any court of law provided on the ground of
corruption or misconduct of arbitrator.
Acts II 1861, XXII 1863, Act X of 1870
Soon it was realized that the corruption are common in Arbitration Awards,
because there was no provisions of appeal against the award, hence Act X of 1870
was passed, this act first time provided a reference for a civil court if the Arbitrator
could not settle the amount of compensation by agreement, it was not only
provided a details procedure for acquisition of land but also explain the precise
rules for accreting the compensation amount
Land Acquisition Act 1894

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Land Acquisition Act 1894, was the landmark in the Indian land Acquisition
enactments history, it was completely an independent act. Since then a variety
of amendments have been made from time to time but the administrative
procedures have remained same. The land acquisition process is carried out under the
provisions of the Land Acquisition Act, 1894 which came into force w.e.f. 2 February, 1899.
Government of Indian Act, 1919 and Government of Indian Act 1935
Government of Indian Act, 1919 and Government of Indian Act 1935, unlimited
the power to the Provinces to legislate with respect to compulsory acquisition of
land.
Land Acquisition Act 1923
Time and again the Act filled the gaps which raised by the protest of Indian
society, in the Amendment Act 1923, made the provisions to heard the objections
by the concern authorities against the acquisition, to the person interested in the
land likely to be acquired, by amending the Section 5A of the concerned Act. The
reason behind British Government could not overlook the presence of the Indians
into the local administration after elections, but it was also a surprising fact that,
Government was not bound to execute such objections.
3. POST INDEPENDENCE AMENDMENTS IN LAND ACQUISITION ACT
1894
The Land Reforms Policy adopted since Independence aims at to accomplish a
democratic social structure; ending of abuse in land dealings; realizing the old goal
of land to the controls; mounting agricultural productivity and production and
infusing equality in local institutions.
Though post Independence the Land Acquisition Act 1984, subsist with numerous
amendments with a feeling of colonial legislature, it is also an interesting fact the
back bone of the Act “Public Purpose” remain the same in nature, displaced
people were only liable for monetary compensation, which was somewhat
negligible (before LARR-13), and there was not substance of social legislature in it.
It was also the feeling that there was a marginal line between the Acquisition and
Force Acquisition, because there were no provisions of prior consent of the affected
families whose land likely to be acquired, no measures for resettlement or
rehabilitation, who are directly or indirectly depended on the land for their

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livelihood. By the time, there was also a global consensus of Environment
protection.
The Land Acquisition (Amendment) Act, 1962
The chief object of the Act was to provide for the speedy acquisition of land for the
resettlement of displaced persons.
As per Act:
It was validating of certain acquisitions, and nullified any judgment, decree or
order of any court, every acquisition of land for a company made or purporting to
have been made under Part VII of the principle Act before the 20th day of July,
1962, shall, in so far as such acquisition is not for any of the purposes mentioned in
clause (a) or clause (b) of sub- section
(1) of section 40 of the principal Act, be deemed to have been made for the purpose
mentioned in clause (aa) of the said sub- section, and accordingly every such acquisition
and any proceeding, order, agreement or action in connection with such acquisition shall
be, and shall be deemed always to have been, as valid as if the provisions of sections 40
and 41 of the principal Act, as amended by this Act, were in force at all material times
when such acquisition was made or proceeding was held or order was made or
agreement was entered into or action was taken. Explanation.-- In this section"
Company" has the same meaning as in clause (e) of section 3 of the principal Act, as
amended by this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act, as if this Act had
commenced on the 20th day of July, 1962.”
The Land Acquisition (Amendment) Bill 2002
In its, One Hundred Eighty Second Report (108), 16th Law Commission of
India suo motu, recommended for removing the lacuna regarding issuing of a

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fresh notification for the acquisition of land for public purpose under section 4
of the Land Acquisition Act, 1894. And suggested Amendment of Section 6 of the
Land Acquisition Act, 1894, and in its recommendation the commission suggested
to the then Law Minister that
“The Commission, therefore, considered it appropriate to examine the said lacuna and
recommends amendment of section 6 of the Land Acquisition Act, 1894 with a view to
subserve the public purpose, allow the land acquisition proceedings to be continued
without a fresh notification under section 4(1) and render the judicial process
meaningful and efficacious as also to enable the aggrieved owner to vindicate his
grievances in the pending land acquisition proceedings itself.
Infect the conditions was prepared by the Supreme Court through its judgment in
Padamsundara Rao v. State of Tamil Nadu [ JT 2002 (3)SC 1], overruling
the view taken in N.Narasimhaiah v. State of Karnataka [1996 (3) SCC 88]
case1, on the ground that fixing of any further period for making a fresh
declaration would amount to legislation by judicial fiat.
The Land Acquisition (Amendment) Bill, 2007 and 2009
Was passed by the Lok Sabha on 25th February 2009 (the last day of the session)
but the bill lapsed with the dissolution of the 14th Lok Sabha.
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011
In 2011, first time a reflection of social legislature was seen in mix land
acquisition and R&R into a joint legal frame, consequently the LARR Bill of 2011
was introduced in the Lok Sabha.
SYNOPSIS

In Narasimhaiah‟s case, it was held that where any declaration made under section
6(1) was set aside or quashed by a court, a fresh declaration could be made within one year
from the date of the judgment of the court. It was this view that was not accepted in the
case of Padamsundara Rao.
So far, the Act has been amended 17 times

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1. Background Of The Act
2. Why this New Act-
3. Highlight of New Act
a. Retrospective effect
b. Transparency in acquisition process
c. Fair Compensation
d. Post effect measures
e. Safeguard for SC‟s/ST‟s
f. Compensation for livelihood
g. Strengthen the Gram Sabha voice in land acquisition
h. Consent of people whose land acquire
i. Return of unutilized land
j. Safe guard from income tax and stamp duty
k. Share in appreciated land value
1. Background Of The Act
In the year 1824, an Act” The Land Acquisition Act, 1894” for land
acquisition was enacted by British government. This Act empowered the
government to acquire the land from privately held person for public use, at
a reasonable price which government considered. Its application was
throughout the Bengal provinces, and there after rest part of India, even
after independence the Indian government adopted the 1894 Land
Acquisition Act. Since then various amendments have been made from time
to time but the administrative procedures have remained same.
2. Why this New Enactment?
i.) There was a undivided opinion that the current law (”The Land
Acquisition Act, 1894”) suffers from various shortcomings, and not able to
address the sensible Indian needs. Hon‟ble Apex court also observed the
current act (”The Land Acquisition Act, 1894”) has “become a fraud”i not
only this but many time Hon‟ble Supreme court made its observation
regarding the procedure and deficiency in the current act.

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In consolation below are the points to give birth this new Act:
 obsolete law
 Supreme Court Observations
 To bridge the gab for acquisition to rehabilitation and
resettlement
 Provide the balance between land owner whose land being
acquired and facilitating the industrialization and urbanization
ii.) Anatomy of the Act
The soul of the act lies in three points:
 Reason for Land Acquisition- For what purpose, Transparency
and Consent of Local Self Government ( Panchayat, Municipalities)
 Consent- Prior consent when the government acquires the land for
private companies, the consent of at least 80% of the project affected
families shall be obtained through a previous informed process before
government uses its power under the Act to acquire the remaining land
for public good, and in case of a public-private project at least 70% of
the affected families should consent to the acquisition process
 Compensation- Just and Fair compensation not only for those who
displaced by acquisition, but other affected sections by acquisition to
level the social and economic crisis
 R&R – Balancing post acquisition affects
3. Highlight of New Act
a) Retrospective effect
The magnificent feature of this act, is an effort to address the
historical injustice, the Act applies retrospectively in following
cases:-
a) Where No Award Made: Where no award under Section11 of
the 1894 Act has been, made, the new law will apply with regard
to compensation:-

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b) Where an award has been made: Where an award has been
made but the affected individuals have not accepted compensation
or have not yet given up possession, and the proceedings have
been pending for 5 years or more, provisions of the new law will
apply.
b) Transparency in acquisition process
This act also project the transparency to the process of acquisition of
land, all documents such as summary of SIA2 notified along with
draft Notification are made available in public domain and on the
website for public scrutiny, and Gram Sabha also be consulted before
acquire any land.
c) Just and Fair Compensation
The act not only recognized the compensation but fair
compensation, the compensation is no more the arbitrary wish of the
government as was under the old Act (”The Land Acquisition Act,
1894”), the minimum compensation for land is being decided at the
market value as pr The First Schedule of this Act.
d) Post effect measures
This Act addressed the social legislature, which make the obligatory
provisions for R&R3 for social and economic status of those displaced
by acquisition, and livelihood losers who are dependent on the land
e) Safeguard for SC s/STs
There are specific provisions are being made in this act apart from
rehabilitation and resettlement SCs and STs Families will be entitle
for Land even in the case of irrigation projects, one time financial
assistance with the tune of Rupees. Fifty Thousand per family, an
additional 25% R&R benefits, if families settled outside the district,
1/3 payment of the compensation amount at very outset etc.
f) Compensation for livelihood
Provisions for compensation other than whose land acquire, who are
dependent of land being acquired for their livelihood
2
The social Impact Assessment
3
Rehabilitation and Resettlement

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g) Strengthen the Gram Sabha voice in land acquisition
The role of Gram Sabha is being enhanced by this act, no land cab
acquired in Scheduled Areas without the consent of the Gram Sabhas
(Panchayats), provisions of representation of Chairperson of Gram
Sabha in Rehabilitation and Resettlement committee is also being
made
h) Consent of people whose land acquire
The Act makes the provisions of prior consent of not less than 70 %
and 80% of people whose land is sought to be in the event of PPP
projects or private companies respectively
i) Return of unutilized land
In case land remains unutilized after acquisition , the new Act
empowers States to return the land either to the owner or to the
State Land Bank
j) Safe guard from income tax and stamp duty
With the tune of fair compensation all amounts accruing under this
act have been exempted from Income tax and from Stamp duty
k) Share in appreciated land value
If the land is being sold to the third party at a higher price then 40%
of the appreciated land value or profit will be shared with the original
owners
l) Compact Law
It is being observed that making the provision for land owner not
level the social and economic justice, only providing compensation
without the provision of Rehabilitation and Resettlement, is against
the aim of social state, and as Rehabilitation and Resettlement, is
considered to be the two side of one coin, this act is the approached to
balance this situation
m) Balance between Land Acquisition and Development
This act is an effort to balance the issue of farmers during and after
acquisition of land and for industrialization, development of essential

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infrastructural facilities and urbanization with the least disturbance to
the owners of the land and other affected families
Title Analysis
The RIGHT to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
Title Analysis
The tile of the act is very significant the title started with “RIGHT” the words
„right‟ have, of course, a variety of meanings, according to the link or context in
PRE REQUISITES
POST EFFECT
Obligation of Government Social Legislature Balance
It emphasizes both on
monetary payments as
well as non-monetary
benefits as a part of R&R
and also covers the loss of
livelihood rather than only
the loss of land.
Lot of emphasis on
Rehabilitation and
Resettlement (R&R) and
extends the applicability of
R&R
TRANSPARENCYFAIR COMPENSATIONRIGHT
At Market Price Process
Entitlement
Obligations
Government
Affected Family
LAND ACQUISITION

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which they are used. Their definition, are given by standard lexicographers,
include „that which one has a legal claim to do”.
The word “Right” in the title of the act establishes the legal claim for Fair
Compensation and Transparency in Land Acquisition, for affected families. The
word “Right” not only establishes the legal claim for affected families but also
establish the legal duty or obligation to the concern Government for
establishing the fair compensation and transparency in the acquisition process. The
act not merely declared the compensation but fair compensation, and what is fair
compensation, which discharged the Local satisfaction, or near to it, that is why
the compensation at a market price.
It was to be considered (before LARR-13), the Land Acquisition Act, is the
reflection of colonial commercial interests, as there was no social legislature
spirit in it. To provide the transparency in the process, the provisions are adopted
to publish and made available the information (pre and post) in the local language,
and on the website, and local authority office concerned. It is a balancing
approach between Monitory and Social aspect for the affective families, which
work in twofold, pre and post of land acquisition. Each and every aspect of social
life is being taken care in the Act. Social Impact Study (SIS) inserted as a
comprehensive process to understand the impact of land acquisition on social
aspect, and the Land Acquisition considered being the last resort.
Environmental protection is also being the part of SIS; alternative study is also
making the part of SIS, sustainable diversify impact study also being carried in it.

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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013
[NO.30 OF 2013]
to ensure, in consultation with institutions of local self-government and
Gram Sabhas established under the Constitution, a humane,
participative, informed and transparent process for land acquisition for
industrialisation, development of essential infrastructural facilities and
urbanisation with the least disturbance to the owners of the land and
other affected families and provide just and fair compensation to the
affected families whose land has been acquired or proposed to be
acquired or are affected by such acquisition and make adequate
provisions for such affected persons for their rehabilitation and
resettlement and for ensuring that the cumulative outcome of
compulsory acquisition should be that affected persons become
partners in development leading to an improvement in their post
acquisition social and economic status and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic
of India as follows:—
LAND ACQUISITION ACT, 1894
[1 OF 1894]
An Act to amend the law for the acquisition of land for public purposes and for Companies.
Whereas it is expedient to amend the law for the acquisition of land needed for public
purposes and for Companies and for determining the amount of compensation to be made
on account of such acquisition; It is hereby enacted as follows:—

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Synopsis
1. Comparative Analysis
2. Public Purpose
3. Acquisition of land
4. Amount of Compensation
1.1 Comparative Analysis
Basis LAA-1894 LARR-13
Object To amend the law for the acquisition of
land for public purposes and for
Companies
To ensure in consultation with Gram
Sabha and Local Self Govt. Informed
and Transparent Process for Land
Acquisition for Industrialization and
development of infrastructure, with
least disturbance of affected persons,
for their rehabilitation and
resettlement
The bare perusal of the object of old Act, depicted that the sole object of the act
was to acquire land for public purpose, and for companies, but compare to new
Land Acquisition Act 2013, it started with “To ensure” means first establish the
guaranty for prior consult with Gram Sabha or Local self government as specified
in the act, and educate them for transparent process for land acquisition, and also
ensure the steps for resettlement and rehabilitation to the people who sustained
displacement.
2.1 Public Purpose
Old Act (The land Acquisition Act 1894)
PART I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Land Acquisition Act, 1894.

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(2) It extends to the whole of India except 1[the State of Jammu and Kashmir].
(3) It shall come into force on the first day of March, 1894.
2. [Repeal and Saving] Rep. Partly by the Repealing and Amending Act, 1914 (10 of
1914),
s.3 and Sch. II, and partly by the Repealing act, 1938 (1 of 1938) s.2 and Sch.
CHAPTER I
PRELIMINARY
SECTION 1- SHORT TITLE, EXTENT AND COMMENCEMENT
1. (1) This Act may be called the Right to Fair Compensation and
Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2011.
(2) It extends to the whole of India except the State of Jammu and Kashmir
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette
, appoint:
Provided that the Central Government shall appoint such date within
three months from the date on which the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Bill,
2013 receives the assent of the President.
SYNOPSIS
a. Short Title
b. Extent
c. Commencement
Short Title

Notify under the Official Gazette of India on l9th December, 2013, No. 28391
[F. No. 130 I 1/0 1/2013-LRD], Registered No. DL-33004/99

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This Act may be called the right to fair compensation and transparency in
land acquisition, rehabilitation and Resettlement act, 2013
Extent
It extends to the whole of India except the State of Jammu and Kashmir.
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.
Commencement
The bill was introduced in Lok Sabha in India on 7 September 2011. The
Act was passed on 29 August 2013 in the Lok Sabha and on 4 September
2013 in Rajya Sabha. The bill received the ascent of the President of
India, on 27 September 2013. The Act came into force from 1 January 2014.
Retrospective effect
The magnificent feature of this act, is an effort to address the historical
injustice, the Act applies retrospectively in following cases:-
a) Where No Award Made: Where no award under Section11 of the
1894 Act has been, made, the new law will apply with regard to
compensation,
5. Where an award has been made: Where an award has been made
but the affected individuals have not accepted compensation or have not
yet given up possession, and the proceedings have been pending for 5
years or more, provisions of the new law will apply
SECTION -2 APPLICATION OF ACT
2. (/) The provisions of this Act relating to land acquisition compensation,
rehabilitation Act and resettlement, shall apply, when the appropriate Government
acquires land for its own use, hold and control, including for Public Sector
undertakings and for public purpose, and
Shall include the following purposes, namely:-

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Application of Act
Application of Act
U/s 2(1)
Land acquisition
Compensation
R&R
U/s 2(2)
Land acquisition
Consent
Compensation
R&R
U/s 2(3)
Rehabilitation
And
Resettlement
Own Use,
Hold & Control
Public
Purpose
PSU
Strategic
Purposes
Projects for
improvement and
development of
village and urban
areas
In PPP
Project for
Housing or
other income
groups
Projects for
Affected Families
Infa Projects
Projects for residential
purposes for poor and
landless persons
For private company
for public purpose
When private
company purchases
land equal to or more
than specified limit by
appropriate
government

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SYNOPSIS
Application of the Act
1. Segment of the Sections
2. Applicability
1. Segment of the Sections
Provisions of this Act have been segmented in three major categories, when
the appropriate government4 acquires land i.e.
1. under sub section (1) of Section 2- Land acquisition, Compensation and R&R
For the following purposes:
 its own use, hold and control, including land for Public sector undertakings
and Public purpose5
 For PPP6
 When private companies purchases land, equal to or more than such limits
in rural areas or urban areas as my be defined by appropriate government
Provisions relating to acquisition, compensation, rehabilitation and
resettlement shall apply when its own use, hold and control, including land for
Public sector undertakings and Public purpose, apart from this other purpose is
also specified in the section, such as
Strategic purposes, which relating to navel, military, air force and armed
forces of the Union, and central paramilitary forces or which is require for
national security or defense of India or the State Police last but not the lease
the safety of the people.
4
Defined u/s 3(e) of this Act
5
Defined u/s 3(2a) and 2(1)
6
Public Private Partnership

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For Infrastructure Project such as all items or activities mentioned in the
notification of the GOI7 in Department of Economic Affairs (Infrastructure
Section) number 13/6/2009-INF dated 27.3.2012, but it excluded private
hospitals, private educational institutions and private hotels.
Projects involving agro-processing, for the activities like supply of inputs
to agriculture, warehousing, cold storage facilities, marketing,
infrastructure, for agriculture and allied activities, like dairy, fisheries, and
meat processing, set up or owned by appropriate government or by farmers‟
cooperative or by an institution under statue
Projects for industrial corridors or mining activities, national
investment and manufacturing zones, as drafted in the National
Manufacturing Policy
Projects for water harvesting, conservation and sanitation
Projects for educational, research schemes or institutions, administered
or aided by government
Projects for sports, health, tourism, transportation or space
programme
Projects for
Affected families, plan development or improvement of village sites or any
other site in urban area, provisions for land for residential purposes for the
weaker sections in rural and urban areas and also for poor or landless or to
persons residing in areas affected by natural calamities etc.
2. Under Sub Section (2) of Section 2 - Land acquisition, Consent
Compensation and R&R
When the appropriate government acquires land for
7
Govt. Of India

Page22
Public Private Partnership Projects, when the ownership of the land continues
to vest with the government. Under this provision the appropriate government can
not acquire the land unless the mandatory provisions attached with the section
accomplished:
Prior Consent: when the government acquires the land for private
companies, the consent of at least 80% of the project affected families shall
be obtained through a previous informed process before government uses its
power under the Act to acquire the remaining land for public good, and in
case of a public-private project at least 70% of the affected families should
consent to the acquisition process
SIA study also be carried out during the process of obtaining the consent
If the acquisition is contravene any law prevailing in Scheduled area
(including any order or judgment of a court which has become final) no land
shall be transfer by way of acquisition in Scheduled Areas
3. under sub section (3) of Section 2- Rehabilitation and Resettlement
In case Private Company purchases land, equal to or more than the
specified limit, by the appropriate government, in rural area or in urban
area.
In case of partial acquisition of land by the appropriate government, on
request, of private company for public purpose, the rehabilitation
entitlement shall be for the entire area.
2. Applicability
It indicates that both LA and R&R Provisions will apply when:
 Government acquires land for its own use, hold and control
 Government acquires land with the final purpose to transfer it for the
use of private companies for stated public purpose

Page23
 Government acquires land for PPP
In the Old Act- LAA-94
Section 2- Repeal and Saving [Rep. partly by the Repealing and Amending Act
1914 (10 of 1914) Sec.3 and Sch. II by the repealing act,1983 (1 of 1983)
Section 3- Definitions
In this Act unless the context otherwise requires:-
(a) "Administrator" means an officer appointed for the purpose of
rehabilitation and resettlement of affected families under sub-section (,1)
of section 43;
Under sub section (a) of Section 2, an Administrator is an officer appointed for
the purpose of rehabilitation and resettlement for the affected families under sub-
section (1 of section 43).
It means an Administrator is an executor for the purpose of this section, by virtue
of the explanation under sub-section (1 of section 43), in simple words 'a person
appointed by competent authority to administer the rehabilitation and
resettlement activities of the affected families.
The corresponding section 43 defined the appointment of Administrator, and
enumerates his qualification as an officer not below the rank of Joint collector or
Additional collector or Deputy Collector or equivalent official of Revenue
Department or be the Administrator for Rehabilitation and Resettlement.
There was no provision for Administrator in the old act.
(b) "affected area" means such area as may be notified by the appropriate
Government for the purposes of land acquisition;
Means an area which is going to be or likely to be affected in consequence of
land acquisition under this act by the appropriate government.

Page24
AFFECTED FAMILIES?
 Member or Member of Such Families
 Agriculture Laborers
 Tenants (Including any form of tenancy)
 Holding of usufruct rights
 Share –croppers or artisans
 Who may be working in the affected area for 3 yrs,
prior to acquisition of the land
 Whose primary source of livelihood stand affected
 Who have lost any of their forest rights recognized
under Scheduled Tribes and Other Traditional
Forest Dwellers (Recognitions of Forest Right Act,
2006
 Whose primary source of livelihood for 3yrs prior to
the acquisition of land is dependent on forest
 Water bodies
 Forest product
 Hunter ,Fisher folks, Boat man - such livelihood is
affected
 Members of the families who has been assigned land
by the State or Central govt.
AFFECTED FAMILIES
LAND IMMOVABLE PROPERTY
ACQUIRE
WHOES
OWNERSHIIP
NO OWNERSHIP
Scheduled Tribe
Traditional Forest
Dwellers
Affected Families
Land Received By
Govt.

Page25
The Bill has some exclusively elaborated definitions and has a wider scope than
for those in the Act of 1894. For example the claim for compensation of "affected
family" has been endorsed by providing a broad definition to the term which
includes sharecroppers, agricultural laborers, tenants whose primary source of
livelihood stands affected. i.e., to say that if a family is dependent for livelihood on
the affected area for more than three years then he is deemed to be affected
person under this Bill

Page26
CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A- PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL
IMPACT AND PUBLIC PURPOSE
Section 4 Preparation of Social Impact Assessment Study
(1) Whenever the appropriate Government intends to acquire land for
public purpose, it shall consult the concerned Panchayat, Municipality
or Municipal corporation, as the case may be at village level or ward
level, in the affected area and carry out a Social Impact Assessment
study in consultation with them, in such manner and such form such
date as may be specified by such Government by notification.
(2) ―4(1) Whenever the appropriate Government intends to acquire land for a
public purpose, it shall carry out a Social Impact Assessment study in
consultation with the Gram Sabha at habitation level or equivalent body in
urban areas, in the affected area in such manner and within such time as may
be prescribed.
(3) (2) The Social Impact Assessment study referred to in sub-section (1) shall,
amongst other matters, include all the following, namely:—
(4) (a) assessment of nature of public interest involved;
(5) (b) estimation of affected families and the number of families among them likely
to be displaced;
(6) (c) study of socio-economic impact upon the families residing in the adjoining
area of the land acquired;
(7) (d) extent of lands, public and private, houses, settlements and other common
properties likely to be affected by the proposed acquisition;
(8) (e) whether the extent of land proposed for acquisition is the absolute bare
minimum extent needed for the project;
(9) (f) whether land acquisition at an alternate place has been considered and
found not feasible;
(10) (g) study of social impact from the project, and the nature and cost of
addressing them and their impact on the overall costs of the project and
benefits vis-à-vis the social and environmental costs.
Synopsis
1. New Chapter
2. Prerequisite for SIS

Page27
The new chapter II is being integrated in the Act, which stipulates provisions like
social impact assessment and public hearings, publication in local language of SIS,
appraisal of SIS by group of experts, assessment of proposal by concern
government and exemptions from SIS as part of the acquisition process, the Act
also make the provision for the maximum time limit for completing each step,
failing which the acquisition process will be considered to have lapsed.
Till 44th Constitution Amendment (notified w.e.f. 20.06.1979) holding property was one
of the Fundamental Rights under Part-III of the Constitution of India. However, with the
enactment of 44th Constitution (Amendment) Act, ‗Right to Property‘ has been made a
legal right vide Article 300 A of the Constitution of India which provides as under: -
―Persons not to be deprived of Property save by authorities of law - No person
shall be deprived of his property save by authority of law.‖
1. New Chapter
The foundation of this new chapter determination of social impact and public purpose has been
laid down in the year 2007 with National Rehabilitation & Resettlement Policy (NRRP), 2007,
which was approved by the Cabinet on 11th October, 2007 and the same was published in the
Gazette of India dated 31st October, 2007.
To give a legal support to National Rehabilitation & Resettlement Policy, 2007, and to
integrate with the Land Acquisition Act, both the bills, (the Rehabilitation and Resettlement
Bill, 2007 and the Land Acquisition (Amendment) Bill, 2007), were introduced in the Lok
Sabha in 2007. The Bills were examined and passed by the Lok Sabha and referred to the Rajya
Sabha for consideration. However, the Bills lapsed on dissolution of the 14th Lok Sabha.
Later on it was realized that there should be single enactment only, which can serve better,

Page28
CHAPTER III
SPECTAL PROVRSTON TO SAFEGUARD FOOD SECURTRY
10. (/) Save as otherwise provided in sub-section (2), no irrigated multi-cropped
land
Shall be acquired under this Act.
(2) Such land may be acquired subject to the condition that it is being done
under
Exceptional circumstances, as a demonstrable last resort, where the acquisition
of the land
refened to in sub-section (/) shall, in aggregate for all projects in a district or
State. in no case exceed such limits as may be notified by the appropriate
Government considering the relevant State specific factors and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an
equivalent
area of cultivable wasteland shall be developed for agricultural purposes or an
amount
equivalent to the value of the land acquired shall be deposited with the
appropriate Government for investment in agriculture for enhancing food-
security.
(4) In a case not falling under sub-section ( /). the acquisition of the agricultural
land in
aggregate for all projects in a district or State, shall in no case exceed such
limits of the total net sown area of that district or State, as may be notified by
the appropriate Government:
Provided that the provisions of this section shall not apply in the case of
projects that
are linear in nature such as those relating to railways, highways. major district
roads. Irrigation canals. power lines and the like.
Synopsis

Page29
1. Nature
2. Food Security
3. Limit on acquisition
4. Exception
Nature
The section prohibitory in nature, which establishes the mandatory prohibition using
the world “shall”. The Act forbids land acquisition when such acquisition would
include multi-crop irrigated area. However such acquisition may be permitted on
demonstrable last resort, which will be subjected to an aggregated upper limit for all
the projects in a District or State as notified by the State Government. Intend of the
section to safe guard the multi-crop irrigated.
Food Security
The section imposes an obligation on the appropriate government, in the event when
multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall
be developed for agricultural purposes (or an amount equivalent to the value of the
land acquired shall be deposited with the appropriate Government for investment in
agriculture for enhancing food-security).
Limit on acquisition
States are also required to set a limit on the area of agricultural land that can be
acquired in any given district.
Exception
These limits shall not apply to linear a project which includes projects for railways,
highways, major district roads, power lines, and irrigation canals

Page30
Naveen Kumar Shelar
LL.B, M.B.A, M.A, R.T.M, DIP’ MKET
Advocate & Founder – The Law Office “TLO”
Secretary General – Nayaya A Voice for Justice “Helping the Helpless”
Member India – Trust law Connect U.K, “Global Pro Bono Service”
Author – Academic and Professional Legal books, & Management Articles
10002, INDIA
ADVOCATE ~ CONSULTANT ~ AUTHOR ~ FACULTY
Professional Background
Entrepreneurial by nature and able to see the „bigger picture‟, utilizes skills from an extensive background in
well-known multi nationals, within legal Interpretations, Risk Analysis, General Management, Innovation and
Change Management.
In excess of 14 years hands on experience gained from within the IT, ITES, Manufacturing, International
Schools, Ecomers, food chains, Education, leisure, and travel, with specific skills in Contract
Management, Litigations, Setting up Business Units in India and shut down of business units formalities,
Government Approvals, Process and Procedure Establishments, Statutory Compliances, Risk Analysis, joint
ventures.
Advocate & Legal Consultant: Background includes in-house and law firm experience counseling clients on
a broad range of complex legal, business, and strategic issues
Author and Faculty: He produced some magnificent writing in law, management and technology and more
than 60 Articles featured on many websites, and has been awarded Expert Author certificate from
ezinearticles.com 2007. He is the author of “Commentary on New Land Acquisition Act, 2013 and Analysis
of Indian Contract Act. He loves to interact with law student and visiting faculty in many universities, and law
conferences and talks.
Social entrepreneur: He has firm believe access to justice for all, and to extended this belief he established an
NGO “Nayaya A Voice For Justice” which run and managed by voluntarily who are advocates and Ret. judges
to help the poor litigants, and members of National and International organizations, Societies, Trust,
Institutions, etc. to ensure that nobody is deprived of an opportunity to seek justice merely for want of funds or
lack of knowledge.
Practice Areas:
 Contract laws (Indian & Overseas)
 Corporate & Commercial Laws
 Real estate & Infrastructure law
 Labour & Industrial Law
 Intellectual Property & Cyber Law
 Competition/Antitrust Law
 Arbitration and Conciliation
 Dispute Resolution
 Family Law
 Criminal & Civil Law
Consulting & Execution:
 Mergers and acquisitions (due diligence)
 Construction Management ( end to end planning, strategy, execution)
 Technology improvements (analysis, and strategy)
 Establishing Business In India( end to end planning, strategy, execution)
 Strategic Alliance and Risk Analysis
 Policies, Procedures and SOPs
 Banking, Financing and Loan
 Government Approvals and Clearance
 Gap Management
 Legal Researches

Page31
MEMBERSHIP & PARTNER
- Trust law connect
- Member of Delhi Bar Council
- Associate Member Indian Institute of International Law, New Delhi
EXPERT
- Litigations
- Legal Research
- Drafting and Review of Contracts
- Strategic Alliance and Risk and Gap Analysis
- Establishing and Shut Down Business Units in India
- Policies, Procedures and SOP for each operational elements
EXPERIENCE WITH ORGANIZATIONS
- American Embassy School Chanakya Puri New Delhi
Officer head a tem of 60 People comprise 5 Department
- Lime Wire LLC (Gurgaon, Noida)
- Legal and Administration Establish Indian Operations
- Toyota Kilosker Motors Maneser Haryana
Offer head a team of 40 people comprise of 4 departments
ASSOCIATIONS
Law Firm
- Gupta & Associates (Ret. ADJ Delhi)
- Mehta & Mehta Associates
- A.D Associates (Singapore)
- Mittal & Co
Technology Partners
- Feather labs
- Sujoy Mukher jee ( 17 years exp IT)
Charted Accountant
- Sikka & Company
- Rohit Gupta & Company
Blog:
 www.knowledgecrust.blogsopt.com
LinkedIn:
 www.linkedin.com/in/thelawoffice
Publication:
 http://www.articlesbase.com/authors/naveen-kumar-shelar/53386
 http://www.scribd.com/naveen_kumar_134
Books:
 Commentary on New Land Acquisition Act, 2013
 Analysis of Indian Contract Act
HONORS AND AWARDS
 Star Performer Award for Outstanding work, 2007
 Expert Author certificate from ezinearticles.com 2007
 Star Performer Award for Outstanding work, 2008
RESEARCH - OPNION
 Law and cultural aspect in India on LGBT
MOST POPULAR ARTICLES
 Manager‟s Behavior and Productivity
TESTIMONIAL
“If you are looking for a one man army that can resolve all your facilities, administration and government
department related problems than Naveen is the answer. Building facilities from scratch, working with
contractors, getting government clearance, searching for new properties, arranging transport, working with
telecom vendors, working with Department of telecommunications (DOT) Naveen has done it all. Additionally
he very aware of his surroundings and ready to learn new things”
Jishnu Kinwar, Director IT-Operations, Lime Labs LLC

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