Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and … The minister, through the branch, is in charge of all matters relating to the acquisition of land or to the expropriation of land by any authority. (a) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is $2,500. Rules 70. All hearings of the commission shall be public; and any party to a matter before the commission may be represented by counsel and may call witnesses, submit evidence, and present argument. New Delhi: The Supreme Court ruled on Friday that old claims cannot be revived or projects held up by unending litigation under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Urgency clause. Where there are buildings or improvements on land acquired through the branch and the authority, or the chief officer of the authority for which the land is acquired certifies that the buildings or improvements are not required by the authority, notwithstanding any other Act of the Legislature, the minister, through the branch, may sell, exchange, convey, or otherwise dispose of or turn to account, by tender, or public auction, the buildings or improvements. Where land is acquired through the branch, and the owner thereof has executed, in a form satisfactory to the director, an agreement to sell the land where the interest in land to the Crown, or an authority, and the agreement, or a caveat based thereon, as the case may be, has been registered or filed in the proper Land Titles Office, the director may direct the authority for whom the land, or the interest in land is acquired, to pay the owner. the matter be referred by the Collector for the History 1894 • Land Acquisition Act, 1894 created by the British. The certification of compensation does not obligate the owner to accept the amount so certified as compensation in respect of the acquisition nor does it bind a judge arbitrating a claim for compensation on the expropriation of the land under The Expropriation Act. ; or. Service of notice by authority, Section 67 land acquisition in respect of which the Collector or the Act 2013. The commission shall prepare and submit to the minister an annual report on applications and matters dealt with by the commission; and, upon receiving the report, the minister shall, if the Legislature is then in session, lay it before the Legislature forthwith, and, if the Legislature is not then in session, lay it before the Legislature within 15 days after the commencement of the next session. Section 64 Reference has to made by the interested Person who has not accepted the award. Where land, or an interest in land, not required by an authority is acquired by the minister under subsection 8(3), the acquisition costs of acquiring the excess land or the greater interest in land shall be charged against and paid by the authority requiring the part of the land, or the lesser interest in the land; but, (a) if the part, or any interest in the land, not required by the authority, or any part thereof, is subsequently disposed of, any money realized in respect of the disposal shall be paid to the authority; and. Jurisdiction of civil courts barred, Section 65 or article 227 of the Constitution or the Supreme Court) Restriction on scope of proceedings, Section 69 The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. Each member of the commission shall hold office for such term as may be fixed by the Lieutenant Governor in Council, and thereafter until his successor is appointed. on excess compensation, Section Long Title: An Act 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 … Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is also called land acquisition act 2013 and was brought to replace Land Acquisition Act of 1894, enacted during British era. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, inf… Where land is acquired under this Act for an authority, the acquisition costs shall be charged to, and, on the order of the minister, paid by, the authority for which it is acquired. A five-judge bench led by Justice Arun Mishra pronounced its judgement in the case which had earlier seen two contradictory … The authority will entertain and decide the references made to it under Section 64 of the Central Act No.30 of 2013. (« services publics »). (c) whether the possession, ownership, control, or management of the land should be given to one authority to the exclusion of other authorities concerned; and the decision of the minister in respect thereto is binding on the authorities; but the decision may be reviewed and varied by the minister at any time. of the award of the authority. and VI or the apportionment of the compensation among the reference to the appropriate Authority: Provided further that where the Collector fails to make rights of Rehabilitation and Resettlement under Chapters V Where the compensation in respect of any acquisition of land is certified under subsection (1), except where compensation in respect thereto is awarded under The Expropriation Act, the minister, the authority concerned, or the utility concerned, shall not pay as compensation in respect of the acquisition an amount other than the amount so certified. If the land acquired is not utilized within a period of five years from the date of taking possession, it shall be redelivered to the original owner under section 101 of the Act, 2013. specified in the first proviso. his objection be to the measurement of the land, the amount Where the compensation in respect of any acquisition of land has been certified under subsection (1), the commission, upon application of the owner of the land or of the authority or utility acquiring the land, and upon being satisfied on fresh evidence that it should vary its certificate, may vary the certificate of compensation in respect of the acquisition of the land. LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) SECOND ORDINANCE, 2015 NO. Jurisdiction of civil courts barred and Reference to objection to the award is taken: Provided that every such application shall be made-. "The Land Value Appraisal Commission", consisting of not more than six members and not fewer than three members appointed by the Lieutenant Governor in Council, one of whom shall be designated by the Lieutenant Governor in Council as chairman of the commission and one as vice-chairman of the commission, is hereby continued. A Director of The Land Acquisition Branch and such other officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act. 1996, c. 79, s. 33; S.M. (2) It extends to the whole of India except (the state of Jammu and Kashmir). 2005, c. 28, s. 82. 79 Investment of money deposited in other cases, Section Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … application after the expiry of the said period, within a New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Section 24 of the Act deals with situations where the land acquisition process initiated under the previous Act is deemed to have been lapsed. Land to vest free from incumbrances 67. 64. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. Under certain circumstances, the compensation is payable not under the provisions of the repealed Act, but under the 2013 Act. Lease. Where the authority for which the land is acquired is the government, the member of the Executive Council charged with the administration of the program or project for which the land is required may give a certificate for the purposes of subsection (1). Short title P ART I PRELIMINARY 2. Compensation under the 2013 Land Acquisition Act 75 Particulars of apportionment to be specified, Section belonging to person incompetent to alienate, Section An Ordinance further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … (a) If the person making it was present or represented may, by written application to the Collector, require that 5th September 2011 - LARR Bill, 2011 approved by the Cabinet. Bar to setting aside of awards 68A. 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act . Where, under this Act or The Expropriation Act, power or authority is granted to, or vested in, the minister or the director, to enter into any agreement, to execute or approve any transfer, deed, conveyance, lease, caveat, agreement or other document, or any assignment, withdrawal, or discharge thereof, or to take any proceeding or action, or to do or perform any act or deed, the minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any other person employed under the minister by the government, subject to such limitations, restrictions, conditions, and requirements as the minister may impose and as are set out in the written authorization. Where an authority requires any land, the land shall be acquired through the branch as provided in this Act; and, notwithstanding the provisions of any Act of the Legislature under which the authority is so authorized, the minister shall acquire the land through the branch. Section 96 of Land Acquisition Act 2013 "Exemption from income tax, stamp duty and fees" No income tax or stamp duty shall be levied on any award or agreement made - under this Act. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). Apportionment of value of land already held, Where, under subsection 8(4), the minister decides, (a) that land, the possession, ownership, control, or management of which is in an authority, should be used jointly by the authorities concerned; or, (b) that an authority should have priority in the use of the land, the possession, ownership, control, or management of which is in another authority, over that other authority; or, (c) that possession, control, or management, of land, the possession, ownership, control, or management of which is in an authority, should be given to another authority, to the exclusion of the first mentioned authority; or. to Authority". 66. 9. or less, an amount not exceeding the estimated purchase price; (b) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is more than $2,500., an amount not exceeding the total of $2,500. it to direct the Collector to make the reference to it Where land acquired under this Act for an authority the possession, control, and administration of which has not been given to the authority, is not required by the authority, or where land or an interest in land that is not required by an authority is acquired under subsection 8(3), possession, control, and management thereof may be given, on the order of the director, to the minister appointed by the Lieutenant Governor in Council to administer The Crown Lands Act, to be dealt with under that Act. 2. Shortcomings of Land Acquisition Act. Act Year: 2013. The Central Government has enacted a new law namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (‘RFCTLARR Act’) on 26th September, 2013 which came into force on 1 st January, 2014. Return of land: If the project doesn't start in 5 years, the land acquired under the Act has to be returned to the original owner or the land bank. determination of the Authority, as the case may be, whether New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. persons interested: Provided that the Collector shall, within a period of (d) to vary any previous decision made under that subsection; he shall, in his absolute discretion, place a value on any land, the joint use of any land, or any interest in land, or any priority of use, affected by the decision, and shall order that the amounts determined by him shall be paid by the authority gaining the use of the land or the interest in the land or the possession, control, or management thereof, to any authority that has given up any use or the possession, control, or administration, thereof. "The Land Acquisition Branch" which is under the control and direction of the minister is hereby continued in such department of the executive government as the Lieutenant Governor in Council directs. (b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, but does not include Manitoba Agricultural Services Corporation or The Manitoba Development Corporation or a utility; (« organisme gouvernemental »), (a) a member of the Executive Council, or, (b) a department, branch, or division of the executive government of Manitoba, or an officer of, or employee in, any such department, branch, or division, or. 77 Payment of compensation or deposit of same in authority, Section Upon the application of the owner of land being acquired by the minister under this Act, or by a utility, or, (a) where land is being acquired under this Act, upon the application of the authority for whom it is being acquired or of the director; or. 7th September, 2011 - … Where the minister receives a notice or request under section 7, he shall acquire the land required by the authority by purchase, lease, or agreement. The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings: The Social Impact Assessment was a must for every acquisition in the Act but the mandatory requirement was removed for security, defence, rural infrastructure and industrial corridor projects in the amendment. Matters to be considered by the State Economic Planning Unit, or Committee, etc. 73 Re-determination of amount of compensation on the basis Section 61 Proceedings before authority to be The commission shall have such duties and functions as are conferred or charged on it under this Act or any other Act of the Legislature. (b) where land is being acquired by a utility, upon the application of the utility; the commission shall determine and certify an amount which, in its opinion, represents due compensation in respect of the acquisition. Where an authority requires land, notwithstanding the provisions of any Act of the Legislature under which the authority is authorized to acquire the land, any expropriation of the land shall be carried out by the minister, who may acquire the land for the authority by expropriation and The Expropriation Act applies thereto, mutatis mutandis. (Omitted) F IRST S CHEDULE S ECOND S CHEDULE T HIRD S CHEDULE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: "acquisition costs" means the consideration or compensation paid for acquisition of land, or on the expropriation of land, or the value thereof other than the value of any service or benefit that accrues to, passes to, or is provided to the persons from whom the land is acquired at the expense of the authority for which the land is required, or as a result of the use or development of the land by the authority, and includes the cost of any surveys or appraisals made in respect of the acquisition for or in respect of which a fee is paid, and the legal costs of the authority in respect of the acquisition or the expropriation; (« frais d'acquisition »). 11. The commission may, at the direction of its chairman, be divided into two panels, each of which may sit separately; and the chairman shall be a member of one panel and the vice-chairman shall be a member of the other panel, but the absence of the chairman or the vice-chairman from the sitting of a panel does not affect the validity of any act or thing done at the sitting as long as there is a quorum at the sitting. THE LAND ACQUISITION ACT,1894 PART 1: Preliminary 1.Short title, extent and commencement- (1) This Act may be called the Land Acquisition Act, 1894. of the compensation, the person to whom it is payable, the The Supreme Court, therefore, decided to put on hold its February 8 judgment by directing the High Courts not to decide any case relating to interpretation of Section 24 of the Land Acquisition Act, 2013. Authority is empowered by or under this Act, and no Determination of award by authority, Section 72 Collector may be directed to pay interest (b) if the part, or the interest in the land, not required by the authority, or any part thereof, is subsequently used by another authority, the minister shall charge to that other authority the value, in his opinion, of the part, or the interest, so used, and that amount shall be paid by that other authority to the authority first-mentioned. Each member of the commission shall be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council, and, in addition, may be paid such travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the commission as may be approved by the Minister of Finance. period shall first expire: Provided further that the Collector may entertain an Note: Earlier consolidated versions are not available online. Enactment Date: 2013-09-26. Application of section 3A where there is no development approval 3C. further period of one year, if he is satisfied that there Limitation to be observed in exercising delegated powers. may apply to the Authority, as the case may be, requesting Where neither the chairman nor the vice-chairman are present at a meeting of the commission or of a panel of the commission, the members present may appoint one of the members present to preside at the meeting. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). Where an agreement to sell farm land, or land outside a city, town or village and outside a plan of subdivision or plan of survey, to an authority fixes a purchase price for the land, the agreement may provide that, if a final survey of the land acquired by the authority indicates that the land acquired exceeds by 5% the amount on the basis of which the purchase price for the land was fixed, an adjustment shall be made on an agreed price per unit of area; and the authority is bound by such provision in the agreement. (b) where the authority has not commenced proceedings to expropriate the land, means the amount that, in the opinion of the commission, would be fair compensation to the owner for the sale of the land. 10. The Lieutenant Governor in Council may empower the minister to acquire, by purchase, lease, expropriation or otherwise, land specified by the Lieutenant Governor in Council for the purposes of any work or program constructed or carried on, or to be constructed or carried on, by the government, or for the purposes of the administration by the government of any Act of the Legislature; but nothing in this section reduces or infringes upon any power or right granted under any other Act of the Legislature to an authority to acquire land by any means. No civil court (other than High Court under article 226 Land Acquisition (Amendment) Bill, 2007 to amend the Land Acquisition Act, 1894 Feb 2009 -Bills passed by Lok Sabha, referred to Rajya Sabha-Lapses due to the dissolution of the Lok Sabha. 2015 • Modi Government wants to make some further amendments to the Bill. A decision of a panel of the commission at which a quorum is present is a decision of the commission. Since land is a scarce resource in a populated country like India, the government has formulated certain provisions, rules and guidelines, to facilitate infrastructure development in areas where the land is privately owned, or being used for agricultural purposes. Section 64 of Land Acquisition Act 2013 "Reference 33. Application of secs. 8. Exemption from stamp duty and fee 68. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (17.1 MB) ... RFCTLARR Act 2013 (sub-section 2 of Section 109) Rules 2015 : Download (422.47 KB) Only in emergency situations National Defence National Security. Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. Subject to subsection 8(4), where land is acquired under this Act for an authority, possession, control, and management thereof shall be given to the authority on the order of the director. injunction shall be granted by any court in respect of any Where an authority requires any land for any purpose or is required to expropriate any land, it shall notify the minister in writing setting out such information as the minister may require. Where there are, on Crown lands, buildings, improvements or fixtures that are not the property of the Crown, they shall be conclusively deemed to be land for the purposes of this Act and the provisions of this Act apply to them as though they were land and any Act of the Legislature that authorizes the acquisition of land by or on behalf of the government authorizes the acquisition of such buildings, improvements or fixtures. collectors statement to authority, Section 66 Where an authority requires land or an interest in land, the possession, ownership, control, or management of which, or of part of which, is in another authority, or where two or more authorities require the same land, or the same interest in land, the minister shall decide, (a) whether the land can be used jointly by the authorities concerned; or, (b) whether one authority should have priority in respect of the use of the land over other authorities concerned; or. 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