Both houses of Parliament recently passed The Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013

Act), repealing the century-old Land Acquisition Act, 1894. For years, the new law was
touted as the panacea to the evils the old Act perpetuated, not least, the broad
discretionary powers to state authorities for acquiring land for a public purpose. News
reports have pointed to how land is allegedly bought at below market prices
(read here and here), and consequently sparks loud protests.
The new Act seeks to resolve this controversy by providing for higher compensation
(up to four times the market value in rural areas), requiring prior consent for land
acquisition (80 percent of affected families for land acquired on behalf of private
companies and 70 percent for public private partnership projects), providing detailed
time lines for each stage of the acquisition process (estimated to take approximately 4
years!), rehabilitation and resettlement of affected families in certain cases, etc. This
however does not address the main cause of the controversy: state intervention in land
acquisition on behalf of private entities.
The old 1894 Act created an expansive definition of public purpose based on the
assumption that the state would be the chief architect of industrial development, for
which it needed to have the power to acquire land for a multitude of purposes. This
included some arguably legitimate purposes such as the provision for town planning,
development of land from public funds, and for carrying out any educational, housing,
health or slum clearance scheme sponsored by Government or by any authority
established by Government. But it also included other purposes such as (a) on behalf of
PSUs, and most importantly, (b) the provision of land for any other scheme of
development sponsored by Government or, with the prior approval of the appropriate
Government, by a local authority.
Many protests (including those mentioned in the news reports linked above) arose
primarily because of the heavy-handedness of the state in acquiring land, sometimes on
behalf of private companies, at below market prices. The new Act intends to correct this
heavy-handedness. It does not however question the basic assumption of the role of the
state as an interventionist intermediary in land acquisition. Instead, it tries to improve
the existing condition by creating more state agencies and broadening consensus-
making processes. It requires a social impact assessment through consultation with
local municipalities, gram sabhas and panchayats. It creates an expert group consisting
of social scientists, representatives of gram sabhas, panchayats or municipalities,
technical experts and experts on rehabilitation to evaluate social impact assessment. It
also creates a committee for rehabilitation and resettlement, and land acquisition and
relief and rehabilitation and resettlement authorities at the state and central levels.
Whether these institutions will work efficiently is hard to predict, but their establishment
is an irrevocable step down the path of establishing the state as an intermediary in all
land acquisitions for a public purpose. This brings us to the root of the problem: the
definition of public purpose in the 2013 Act. The definition of public purpose in the
2013 Act has become, if anything, more expansive and explicit. It covers acquisition for
strategic purposes, infrastructure purposes (which includes everything from agro-
processing units established by government entities to projects for industrial corridors),
and retains most of the clauses from the 1894 Act. Worse, this definition is not
exhaustive!
The philosophy behind this 2013 Act is therefore seemingly this: the existing role of the
state in land acquisitions is non-negotiable. However, multiple controversies have arisen
where compensation paid has allegedly been below market prices, or insufficient (This
is due to the fault of state agencies since they assess market prices and give
compensation.) To correct this wrong, we need to do two things: (1) create more
detailed legal process to ensure clear parameters for fixing compensation, and (2)
create monitoring and oversight mechanisms.
The question is this: when did the role of the state become non-negotiable? Consider
the original Land Acquisition Bill introduced by the UPA in 2007. The Land Acquisition
(Amendment) Bill, 2007 (2007 Bill), was passed by the Lok Sabha in 2009, but lapsed
when the Lok Sabha dissolved prior to the elections. The 2007 Bill contained a narrow,
restrictive definition of public purpose based on a different premise of the role of the
state in land acquisition. The definition is a complete contrast to the page-long
definitions in the 1894 Act and the 2013 Act. It includes:
1. acquisition for strategic purposes,
2. infrastructure projects of the government where benefits accrue to the public, and
3. any other purpose where land has already been purchased to the extent of 70%.
The 2007 Bill, which nearly became law, would therefore have been a complete change
to this assumption of state intervention that the 2013 Act is predicated on. Between
2009 and 2013, the philosophy of reform which first motivated proposed changes to
land acquisition law were completely replaced by a philosophy of incremental change.
In this context, our final legislative product, the 2013 Act that replaces a century-old,
much-maligned law, is a comparatively small step to prevent market abuses. It does
nothing to address the cause of market failure: the role of the state.
The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire
private land in those countries. Land Acquisition literally means acquiring of land for some public
purpose by government/government agency, as authorised by the law, from the individual landowner(s)
after paying a government fixed compensation in lieu of losses incurred by land owner(s) due to
surrendering of his/their land to the concerned government agency. In India, a new Bill, Land Acquisition
and Rehabilitation and Resettlement Bill was passed by the Parliament in 2013 to repeal this Act.
The land acquisition act of 1894 was created with the purpose of facilitating acquisition by the
government of privately held land for public purposes. The word "public purpose", as defined in the act,
refers to the acquisition of land for constructing educational institutions or schemes such
as housing, health or slum clearance, as well as for projects concerned with rural planning or formation of
sites. The word "government" refers to the central government if the purpose for acquisition is for the
union and for all other purposes it refers to thestate government. It is not necessary that all the acquisition
has to be initiated by the government alone. Local authorities, societies registered under the societies
registration act, 1860 and co-operative societies established under the co-operative societies act can also
acquire the land for developmental activities through the government.
Special powers[edit]
Section 17 of the Act confers special powers with the concerned authority wherein passing of award may
be dispensed with and yet permits to take possession of the land notified for acquisition. Further holding
of enquiry can also be waived, as envisaged under section 5 A of the Act. However, such powers can be
exercised only in case of urgency. After passing of the award, the person whose land has been proposed
to be acquired can give his consent for such acquisition and agree to receive the compensation.
Objections can also be raised against the measurement of the land, enhancement of compensation or
apportionment of the compensation by filing a written application before the Deputy Commissioner, as
provided under section 18 of the Act, requesting the authority to refer the matter to the court for
determination of the grounds raised in the application. An application to that effect has to be filed by the
person who was personally present when the award was passed, within six weeks from the date of the
award passed by the Collector. In other cases, the application will have to be made within six weeks from
the date of receipt of the notice issued under section 12(2) or within six months from the date of the
award passed by Deputy Commissioner, whichever is earlier.
Compensation[edit]
Provision for settlement of dispute pertaining to apportionment of the compensation amount is available
under section 30 of the Act. In such a situation, the Deputy Commissioner should refer the matter to the
court. The claimant will be entitled to the compensation which is determined on the basis of the market
value of the land determined as on the date of preliminary notification. According to section 34, if there is
delay in payment of compensation beyond one year from the date on which possession is taken, interest
at the rate of 15 per cent per annum shall be payable from the date of expiry of the said period of one
year on the outstanding amount of compensation until the date of payment.
Judicial Interpretation of the word "Dispute" in the land acquisition proceedingsState of Madras
Vs. B.V. Subramania Iyer AIR 1962 Mad. 313- The Word Dispute- Includes any controversy with
regard to the title of a single claimant- The word dispute has been used in a wide and not in a literal
sense and implies any controversy at to title, whether as between the actual claimants, or as appearing
from the documents made available by the government. It is obvious that when the government exercises
its power of eminent domain and acquires property, Public funds have to be utilized for the payment of
compensation to the true owner, and not merely to any claimant who cares to appear on the scene. The
government has a special responsibility in this regard, and cannot later take refuge behind the pretext that
the compensation was paid to the claimant who actually appeared while others did not appear. So long as
that is the situation the acquiring officer has a right to make such a reference, even if a dispute or
controversy arises on the documents before him. He cannot be made liable for costs, and it is the party
who has to bear the costs incurred in establishing the title, of the party to receive the compensation
amount.
Status of the Tenant occupying the land to be acquired under Land Acquisition Act, 1894M/s
Indarprastha Ice and Cold Storage Ltd. Vs. Union of India AIR 1987 Del 171- Tenant is entitled to
only a nominal compensation- Only a nominal portion of the compensation of the acquired land is to be
paid to the tenant and substantial amount has to be taken by the landlord. The tenant is not entitled to 1/3
or 1/4 of the amount of compensation on the basis of judicial decisions relating to agricultural land on
which the tenant had a right to purchase under Section 18 of the Punjab Security of Land Tenures Act.
The tenant is only entitled to 1/8 share of the compensation
The government, under section 16 of the Act is at liberty to withdraw from acquisition of land except in
cases provided under section 36. However, if the possession of land has been taken, then the
government will have no authority to withdraw from such acquisition.
Procedure for the Land Acquisition[edit]
1. Investigation[edit]
When a local authority or a company requires a land, an application is required to be made by it to
the revenue authority.
The application should be accompanied with a copy of the plan showing survey nos., purpose of
acquisition and the reason for the particular site to be chosen and the provision made for the cost of
the acquisition.
After the government has been fully satisfied about the purpose, the least area needed, and other
relevant facts as provided under land acquisition rules, it will issue a notification under Section 4 of
the act that the particular land is required for public purpose.
One of the revenue officers is appointed as the collector to hold an inquiry under Section 5-A of the
Act.
After notification the owner is prohibited from selling his property or disposing of it and prevented
from carrying out any works of improvements for which no compensation will be paid if executed
without prior permission from the collector.
2. Objection and Confirmation[edit]
Objections are invited from all persons interested in land within thirty days from the date of
notification.
The objections will be valid on one or more of the following grounds:
i. That the purpose for which the land is proposed for acquisition is not a public purpose.
ii. That the land is not or less suitable than another piece of land for the said purpose.
iii. That the area under acquisition is excessive.
iv. That the acquisition will destroy or impair historical or artistic monuments or will desecrate
religious buildings, graveyards and the like.
The collector after hearing the objections will submit his report to the government who will finally
declare the land for acquisition under the Section 6 of the Act.
After notification the collector proceeds with the claim. He has the site marked out, measured and a
plan of the same is made.
3. Claim and Award[edit]
The collector will issue notices under Section 9 to all persons interested in the acquisition to file their
claim reports.
The collector is not to be a party to the proceedings, is to possess an expert knowledge on valuation,
and offers a fair price to an owner and checks that the public funds are not wasted.
The claim filed should contain the names of the claimants and co-shares if any rents or profits for last
three years and a valuation report of the land from an architect or an engineer.
The government can abandon the acquisition proceedings by simply canceling the notification.
However, in that case compensation has to be paid under Section 48(2).
In determining the compensation the market value of the land is determined at the date of notification.
The rise and fall in the value during the period of transaction and notification is taken into
consideration.
Compensation is also payable when:
i. Part of the property is proposed for acquisition in such a manner that the remainder
depreciates in value.
ii. When the land notified for acquisition has standing crops or trees.
iii. If the person interested has to change his place of residence or business then the excess rent
payable for the new premises is also considered for compensation.
Matters which are not taken into consideration for the purpose of land acquisition are:
i. The degree of urgency which has led to the acquisition.
ii. Any disinclination of the person interested to part with the land.
iii. Any increase in the land value likely to accrue from the use to which it will be put when
acquired.
After necessary inquiries the collector declares his award showing true area of the land, total
amount of compensation payable and apportionment of compensation if there are more than one
owners or claimants.
The collector has to make the award under section 11 within a period of two years from the date of
notification.
4. Reference to Court[edit]
Any person interested to whom the award is not satisfactory can submit a written application to the
court.
This application should be made within six weeks from the date of declaration of the award.
5. Apportionment[edit]
In apparent of the compensation each of the claimants are entitled to the value of his interest, which
he has lost, by compulsory acquisition.
Thus it is required to value a variety of interest, rights and claims in the land in terms of money.
Authorities and agencies involved[edit]
Union Government
State Government
Public authorities/agencies like DDA, NOIDA, CIDCO
Companies like Reliance, Tata (for SEZs)
The procedure involved for acquisition of land for companies are dealt with under chapter VII of the act,
which requires an agreement to be entered into by the company with the appropriate government and the
same has to be published in the official gazette. The government cannot initiate acquisition proceedings
without issuing proper notice to the owners in any of the prescribed mode of service provided under the
act and provide them sufficient opportunity. If any of the provisions envisaged in the act is violated or
mandatory procedures are not followed, then the entire acquisition proceedings would become void.
Criticism[edit]
The Land Acquisition act has been criticized by groups that view the act as weak and ineffective, and by
groups that view the act as draconian(unusually harsh law). People who feel that act is weak argue that
the procedure followed is cumbersome and costly, often resulting in inordinate delay in land acquisition.
This group argues that, the determination of public purpose should be matter of executive discretion and
should not be contestable at law. It has also been argued that the property valuation techniques are
flawed and that the land owners get to peg the value higher than the real value, based on potential value
and opportunity value of their property; resulting in, what is claimed as, a heavy strain on public finances
and restrictions on the scale of development and redevelopment projects. There is also opposition to the
additional payment of solatium to landowners over the property value.
People who argue that the act is draconian claim that a number of projects with no public purpose
attached, as in the case of SEZs, usurped land from property owners, with the help of the Land
Acquisition Act, at what is claimed as, well below the market value of these properties. It is argued that,
even in the case of projects that are genuinely for public purposes, there is a considerable difference
between the market value of the property and the value that the land acquisition officer pays the land
owners. It is also argued that the relocation and rehabilitation of land owners displaced by the actions of
the act, is not followed up adequately, and that this is not covered comprehensively in the framework of
the act. A notable instance of opposition to land acquisition, through the land acquisition act, is
the Nandigram violence incident.
It is for this reason that government has proposed further amendments in the Act to strict define the
purposes for which land could be acquired. If the Amendments get through, the provisions of the Act
could be invoked only in limited conditions. There are some suggestion by various commission in different
states, to provide rehabilitation for whom evicted from their own land. The land acquisition (kerala
amendment) bill proposed by Justice V.R Krishna Iyer Committee submitted on 26 January 2009 is an
example. It is in the consideration of Kerala Government until the date.
Land Acquisition in India refers to the process of land acquisition by the central or state government of
India for various infrastructure and economic growth initiatives. Several controversies have arisen with
claims that land owners have not been adequatly compensated.
Land acquisition in India is currently practiced under the Land Acquisition Act, 1894. Since 2011, the
country has proposed and its parliament has been considering a new law, named Land Acquisition and
Rehabilitation and Resettlement Bill.
[1]

Controversies[edit]
It has occurred in India since the era of Independence, with over 21.6 million people in the period of 1951-
90.
[2]
They have been displaced with heavy scale projects like dams, canals, thermal plants, sanctuaries,
industries and mining. These occurrences are further being categorized as development-related
displacement.
The process of Land Acquisition in India has proved out to be poor in regard to growth of the country. The
amount reimbursed is fairly low with regard to the current index of prices prevailing in the economy.
Furthermore, due to the poor Human Capital of the displaced people they fail to get jobs and are a victim
of several problems.
[citation needed]

The draft of the governments National Policy for Rehabilitation states that a figure around 75% of the
displaced people since 1951 are still awaiting rehabilitation.
[3]
However, it should be noted that
displacement is only being considered with regard to Direct Displacement. These rehabilitation policies
do not cover fisher folk, landless laborers and artisans. On a rough account, almost one in ten Indian
tribals is a displaced person. Dam projects have displaced close to a million adivasis. The stories of
displaced dalits are even harsher to know. The Walter Fernandes of the Indian Social Institute have
made a remark that 40 per-cent displaced people are of tribal origins.
[citation needed]

There have been a rising number of political and social protests against the acquisition of land by various
industrialists. They have ranged from Bengal, Karnataka to Uttar Pradeshin the recent past. The
acquisition of 997 acres of land by Tata motors in Bengal in order to set up a factory for the cheapest car
in India. Similarly, Sardar Sarovar Dam on the river Narmada which was later canceled by the World
Bank. The Land Acquisition Act of 1984 allows the government to acquire private lands. It is the only
legislation pertaining to Land acquisition which, though amended several times has failed to serve its
purpose.
At present, the displaced people are only liable for a monetary compensation which is still quite minimal.
Many that get displaced are from the poorest sections, the majority are tribal and fail to raise their voice
against the mistreatment. Another important aspect has been the ignorance of stakeholders in the share
of the property. This provides an added benefit to many entrepreneurs and promoters of the company.
Several journalist and media-persons have commented on the lack-of-will in regard to a strong bill by the
government, for a county with a large democracy this a dark blot of Land acquisition on the promising
record of India. The execution of the bill and the passing is not only the solution, its proper
implementation with the time-regard is the most desired object to be achieved. The issue concerning
displacement proves an example of how law has to be consistent with socio-economic and political
turmoils.
Issues[edit]
There are various issues that need to be monitored in effect to control the present day conflict pertaining
to the Land Acquisition Act, 1894. The Land Acquisition Act, 1894 currently a has colonial flavor, and it
needs to be adjusted with the present day rural-urban social issues of India. Some of the important issues
have been portrayed below.
[5]
The major land acquisition and conflicts happen in the densely populated
areas of the countryside where the education among the masses has been fairly low.
Legislative Changes[edit]
Main article: Land Acquisition and Rehabilitation and Resettlement Bill
There requires a wide range of legislative changes, because the economic and social policies have
changed since 1894. Thus the Land Acquisition Act, 1894 proves to be inadequate. There has been an
emphasis on elaborating public policy in the present bill. Also, the assumption that the seller is willing to
sell his land is often being regarded as inadequate. The monetary compensation being claimed by the
land-owners have been fairly low, as the price-level for basic commodities have changed since 1984.
There has been no provision for a compulsory Social Impact Assessment and lastly no recognition of
indigenous rights.
Efforts are underway to introduce the new Land Acquisition and Rehabilitation and Resettlement Bill A
number of changes have been introduced in the draft bill, championed by the National Advisory Council
and spearheaded by Jairam Rameshs Rural Development Ministry, following consultations with a range
of stakeholders. The bill will update the Land Acquisition Act of 1894, which has been shown up to be
hopelessly out of tune with contemporary needs through a number of recent conflicts over land. Ramesh
will meet Mamata Banerjee, West Bengal Chief Minister and head of United Progressive Alliance
governments previous ally Trinamool Congress, on Saturday to continue talks over the Bill.
Monetary Compensation[edit]
Major Indian infrastructure projects such as the Yamuna Expressway have paid about INR 2800 crores
(US$500 million) for land,
[6]
or over US$ 25,000 per acre between 2007 and 2009. For context purposes,
this may be compared with land prices elsewhere in the world:
According to The Financial Times, in 2008, the farmland prices in France were Euro 6,000 per
hectare ($2,430 per acre; IN Rs. 1,09,350 per acre).
[7]

According to the United States Department of Agriculture, as of January 2010, the average farmland
value in the United States was $2,140 per acre (IN Rs. 96,300 per acre). The farmland prices in the
United States varied between different parts of the country, ranging between $480 per acre to $4,690
per acre.
[8]

A 2010 report by the Government of India, on labor whose livelihood depends on agricultural land,
claims
[9]
that, per 2009 data collected across all states in India, the all-India annual average daily wage
rates in agricultural occupations ranged between IN Rs. 53 to 117 per day for men working in farms (US$
354 to 780 per year), and between IN Rs. 41 to 72 per day for women working in farms (US$ 274 to 480
per year). This wage rate in rural India study included the following agricultural operations common in
India: ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking, herdsmen,
tractor driver, unskilled help, mason, etc.
The compensation for the acquired land is based on the value of the agricultural land, however price
increases have been ignored. The land value would increase many times, which the current buyer would
not share the surplus value.
[10]
Secondly, if the prices are left for the market to determine, the small
peasants could never influence the big corporate tycoons. It strictly creates the unfair price management
leading to land acquisition in India.
The compensation provided to the farmers should characterized into two basic categories. A minimum
amount in relation to the present market value should be paid to the person while a monthly pension
should be paid from a trust where the company shares are vested. Further since the agricultural yield has
a major contribution towards the agricultural laborers and sharecroppers, a part of compensation should
be allocated in their favor. The state should further contribute towards some form of welfare payments.
Delayed Projects[edit]
These delayed projects due to mass-unrest have caused a damaging effect to the growth and
development of companies and the economy as a whole. Earlier states likeMaharashtra, Tamil
Nadu, Karnataka, Andhra Pradesh had been an attractive place for investors, but the present day revolts
have shown that land acquisition in some states pose problems.
[11]
It has often been found to badly effect
the Stock Market and the investment decisions in the infrastructural base for the economy.
Land & Building Department of Govt. of Delhi is responsible for large-scale acquisition of
land for Planned Development of Delhi and placing it at the disposal of DDA for development
and disposal. It has 4 main branches viz Land Acquisition Branch, Alternative Plot branch,
E.P. Cell and Housing Loan branch.
I Functions of Land Acquisition Branch
This branch processes the proposal for acquisition of land received from DDA as well as
other Departments of Govt. of Delhi. It also processes the applications for de-notification of
land.
(A) Procedure for Acquisition of Land under the provision of Land Acquisition Act
1984
On receipt of the proposal for acquisition of land from the DDA or any other Govt.
department, the same is forwarded to the concerned Land Acquisition Collector for
furnishing the draft notification under the provisions of the Land Acquisition Act 1894 after
conducting the joint survey of the land proposed to be acquired.
The ADM/LAC concerned furnishes the requisite draft notification under section 4 & 6 of the
L.A. Act, 1894 either under the normal clause or by invoking urgency clause depending
upon the proposal received from the requisitioning department. The draft notification so
received from the ADM/LAC concerned are scrutinized by the Revenue officials of this
department. If any discrepancies are found in the draft notification, the same is conveyed to
the ADM/LAC concerned for rectification. The rectified draft notification is put up to Honble
L.G. for approval as per categories below.
i. Notification U/s 4 is an intention of the Government to acquire the land, issued after
obtaining approval of L.G.

ii. Objection U/s 5-A is to be filed by the landowners, whose land is notified U/s 4 of the
L.A. Act, within 30 days of publication of the notification, with LAC concerned.

iii. On receipt of the report on 5-A objections from the LAC concerned, the report is
considered by the Appropriate Government i.e. LG and thereafter, declaration U/s 6
is issued either for the whose land notified u/s 4 or less on the basis of the
consideration of the report of the LAC. The declaration u/s 6 has to be issued within
one year from issuance of section 4 notification, failing which notification issued u/s
4 will lapse.

iv. LAC concerned has to announce the Award u/s 11 of the L.A. Act within two years of
declaration U/s 6. After announcing the Award, possession of the land is
taken/handed over as per provision of section 16 of the L.A. Act.

(B) Steps involved in acquisition of land invoking urgency clause
i. In case the land is urgently required, then urgency clause is invoked. Approval
of the Competent Authority i.e. LG is obtained for issuance of notification U/s 4
read with 17(4), 6 & 17(1) dispensing with filing of the objections by the land
owners U/s 5-A before the LAC.

After obtaining approval of L.G, notification U/s 4 read with 17(4) is issued.
Section 17(4) dispenses with objections U/s 5-A.)

ii. Declaration U/s 6 & 17 (i) can be issued after publication of notification U/s 4,
within one year of such notification (U/s 17(i) possession of land can be taken
before announcement of Award. It is mandatory for the requisitioning
department to deposit 80% estimated compensation amount, the demand for
which is raised by concerned LAC, with L&B Department before issuance of
declaration U/s 6 & 17(i), as LAC has to offer 80% estimated compensation
amount, to the land owners at the time of taking over the possession).

iii. ADM/LAC concerned will take possession of land notified U/s 6 & 17(i) giving
15 days notice U/s 9(i) to the interested persons, after offering 80% of the
compensation amount.

iv. Further LAC concerned will have to announce the Award within 2 years from
date of issuance of declaration U/s 6 & 17(i).


II POLICY GUIDELINES AND PROCEDURE FOR DENOTIFICATION
OF LAND ACQUIRED UNDER LAND ACQUISITION ACT
(A) LEGAL PROVISIONS:
Section 48 (i) of the LA Act 1894 provides that except in case provided for U/s 36(i),
the Govt. shall be at liberty to withdraw from the acquisition of any land of which
possession has not been taken. Thus, the power to withdraw any land from
acquisition has been created under the statute, which provides that the land can be
de-notified if the possession of which has not been taken over by the government.
However, this power has to be exercised in judicious manner and on the basis of
guidelines framed by the Govt. the details of which in brief are as under:
(B) Guidelines and procedure for de-notification
A Committee called as Denotification Committee consisting of the following members
shall examine all denotification proposals and submit its recommendations to the Lt.
Governor as to whether such proposal may be accepted or rejected.
1 Secretary (Land) Chairman
2 Secretary to Lt. Governor Member
3 Commissioner (Land Acquisition) DDA Member
4 Dy. Commissioner (Concerned) Member
The recommendations of the Committee shall not be binding on the Lt. Governor who
may take a decision on each recommendation, at his discretion.
On approval of the Lt. Governor of any proposal, a notification under Section 48 91)
of the Land Acquisition Act shall be issued in respect of the land in question.
(C) COMMON CONDITIONS FOR CONSIDERING DENOTIFICATION
1. Possession of the land should not have been taken.

2. The persons interested in the land should not have received any part of the
compensation towards acquisition of land.

3. Where the requisitioning department itself request for de-notification of a land,
it may be recommended for de-notification.
As per the decision of the Standing Committee in the meeting dated 3.6.93, land 50
meters from village abadi is not acquired. However, in case any such land has been
notified for acquisition, it may be recommended for denotification provided its
absence will not materially affect the public purpose for which it is being acquired.
(D) PROPERTIES BUILT-UP PRIOR TO ISSUE OF NOTIFICATION U/S 4 OF
THE LAND ACQUISITION ACT, 1894
1. Built-up properties existing at the time of notification U/s 4 of the Land

Acquisition Act, 1894 may be recommended for denotification provided:
a. the absence of the land on which the built-up portion exists will not
materially affect the public purpose.

b. the property was built-up after requisite approvals of the Competent
authority.

c. When the public purpose can be satisfied by another viable land, which
would cause less financial burden to the Government.
(E) PROPERTIES BUILT-UP AFTER THE ISSUE OF NOTIFICATION U/S 4 OF
THE LAND ACQUISITON ACT, 1894.
1. Land on which built-up structures have come up after issue of notification
under section 4 of the Land Acquisition Act, shall normally not be considered
for denotification. However, if cluster of largely residential structures has come
upon a long period of time and demolition of the structures shall cause
immense hardship to a large number of inhabitants, the following procedures
may be adopted
a. Where there is a recommendation from the technical department/
committee of the Government that the land is
inappropriate/unsuitable.

b. Where the feasibility studies, if any, conducted show that the land is
not suitable for the public purpose for which it is being acquired.

c. Where the Colony including the area in question has itself been
regularized and services handed over to MCD, the land may be
recommended for denotification.
2. In all cases, a sub-committee comprising the Land Acquisition Collector, a
representative of Land & Building department (not below the rank of a Dy.
Secretary) and a Representative of DDA (not below the rank of a Dy.
Secretary), shall inspect the land and submit a detailed report outlining the
number and nature of structures, the feasibility of taking over the land after
demolition of the structures, and the specific recommendation on
denotification of the land. The Denotification Committee shall consider the
report of the Sub-committee, the comments of the requisitioning department
with specific reference to its need for land, and then make a recommendation
to the Lt. Governor for considering or rejecting the proposal.
RELIGIOUS STRUCTURES
Any religious structure existing on the land at the time of issue of notification under
section 4 of the Land Acquisition Act, 1894 may be considered for denotification.
However, the area, which may be recommended for denotification, may include any
appurtenant area up to 500 sq.m.
If there is any structure like Hospital, School, Charitable Dispensary existing before
issuing the notification U/s 4 of Land acquisition Act, then the case may be
considered for denotification.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Bill, 2013
[1]
is a Bill that was passed on 29 August 2013 in the Lok Sabha (lower house of
the Indian parliament) and on 4 September 2013 in Rajya Sabha (upper house of the Indian parliament).
The Bill 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, infrastructural projects
and assures rehabilitation of those affected. This legislation has been eagerly sought by both industry and
those whose livelihood is dependent on land. Out of the 235 members who voted on the bill, 216 backed
it while 19 voted against it. The Bill will replace the Land Acquisition Act, 1894, a nearly 120-year-old law
enacted during British rule.
The bill establishes regulations for land acquisition as a part of India's massive industrialisation drive
driven by public-private partnership. The bill was introduced in Lok Sabha in India on 7 September
2011.
[2][3]
The bill will be central legislation in India for the rehabilitation and resettlement of families
affected by land acquisitions. The Bill has 115 clauses
The Bill aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of
those directly affected by the land acquisition in India. The scope of LARR 2011 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.
The Bill is applicable when:
Government acquires land for its own use, hold and control, including land for Public sector
undertakings.
Government acquires land with the ultimate purpose to transfer it for the use of private companies for
stated public purpose. The purpose of LARR 2011 includes public-private-partnership projects, but
excludes land acquired for state or national highway projects.
Government acquires land for immediate and declared use by private companies for public purpose.
Background[edit]
The Government of India claims there is heightened public concern on land acquisition issues in India. Of
particular concern is that despite many amendments, over the years, to India's Land Acquisition Act of
1894, there is an absence of a cohesive national law that addresses:
[4]

fair compensation when private land is acquired for public use, and
fair rehabilitation of land owners and those directly affected from loss of livelihoods.
The Government of India believes that a combined law is necessary, one that legally requires
rehabilitation and resettlement necessarily and simultaneously follow government acquisition of land for
public purposes.