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Land Acquisition Act: Fair Compensation, and Transparency in Rehabilitation and Resettlement

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Land Acquisition Act: Fair Compensation, and Transparency in Rehabilitation and Resettlement
TA I
The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

IN THE COURSE OF
JURISPRUDENCE

SUBMIITED TO:
NIRMA UNIVERSITY
INSTITUTE OF LAW

SEMESTER VI

UNDER THE GUIDANCE OF
Ms. Rejitha Nair
Ass. Professor
ILNU

SUBMITTED BY:
Dikshal Khatri
11BBL049
B.Com. LL.B. (Hons.)

Background:
The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an act passed by Indian Government in 2013. It was passed for the purpose of fair compensation in case of land acquisition, as well as transparency in rehabilitation and resettlement. This act has replaced the previous land acquisition act of 1894. This act was passed due to certain lacunas and loopholes in old land acquisition act of 1894.
Its footing goes back in 2007 when UPA government introduced Amendment bill, 2007 in parliament. After that land acquisition act, 2009 and the rehabilitation and resettlement bill, 2009 was introduced in parliament. Both bill lapsed in parliament. National Advisory Council after digging into depth of circumstances and issues related to land acquisition decided to recommend a single comprehensive legislation, i.e. “National Development, Land Acquisition, Resettlement and Rehabilitation Act.”, rather than the two separate ones, viz. Land Acquisition (Amendment) Bill 2009 (LAA 2009) and Resettlement and Rehabilitation Bill, 2009 (R&R 2009).1 Thus in furtherance of it the LARR bill, 2011was introduced in the parliament, which was passed in 2013 and became an act.
Why new Land acquisition act:
When we look to the need of new land acquisition act, we can find many important reasons and issues. Some of the main chosen issues and reasons are as followed:
Due to development of industries and globalisation, Special Economic Zone etc. the need for urbanisation and land has increased. On the other hand the land owners whose land has to be acquisitioned by



References: Books: V.D.Mahajan, Jurisprudence & Legal Theory,(5th ed.,2012) Acts and Bills: The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Land Acquisition Act,1894 The Draft National Land Acquisition and Rehabilitation & Resettlement Bill, 2011 available at http://rural.nic.in/sites/downloads/policies/Final.pdf Articles: Mihir Desai (2011) 46, “Land Acquisition Law and Proposed Changes”, Eco Press Release by National Advisory Council (2009), available at http://nac.nic.in/press_releases/25_may_2011.pdf

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