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Consent is not mandatory for government projects in the latest amendment.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.The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings: The compensation can also be a consented amount, in case the land is acquired for private companies or public-private partnership projects. This sale price is assessed, by considering one-half of the total number of sale deeds or the agreements to sell, in which the highest price has been mentioned. The market value of the land is determined by the average sale price for similar types of land situated in the nearest village or nearest vicinity area. Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. It outlines the proposed minimum compensation, based on multiples of the market value. Section 26 of the Act that deals with compensation for the land owners. If the project is undertaken through a public-private partnership, then, 70% of the affected families have to give their consent for the land acquisition process.Ĭompensation under the Land Acquisition Act However, when the land is acquired for setting up private companies, the consent of at least 80% of the affected families is mandatory. When the government acquires land for public purposes and controls the land bank directly, the land owners’ consent is not a necessity. Importance of consent under Land Acquisition Act For developing residential projects for the poor or landless, or for people affected by natural calamities.For planned development, such as creating housing projects for the weaker sections, in rural or urban areas.For government-aided educational and research institutions.For water harvesting, conservation structure projects or for planned development or improvement of village sites.For industrial corridors, manufacturing zones or other projects listed in the National Manufacturing Policy.
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Provisions and purpose of land acquisitionĪs per the Act, the government of India (state, as well as central) can procure land for its own use or for public sector companies or for ‘public purpose’, which can include any of these: To provide adequate provision for rehabilitation and resettlement of the families affected.To provide fair compensation to the families who are affected or whose land has been acquired or livelihood has been affected, because of the land acquisition.To ensure minimum displacement of the existing population, owning or staying on the land.To ensure a transparent process for acquiring land, in consultation with all the stakeholders and local governing bodies.
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See also: How to arrive at the fair market value of a property, and its importance in income tax lawsĪims and objectives of the Land Acquisition Act, 2013 The Act chalks out the provision for providing fair remuneration to the land owners, bringing transparency to the system and directs the government to rehabilitate those who are most affected, because of their land being taken away. The Land Acquisition Act, also known as, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, regulates and governs the entire process of land acquisition. In return, the government will pay a suitable compensation to the land owner, as per the market value and would be responsible for the rehabilitation and resettlement of the affected land owners. Land acquisition is a process by which the government (state or union) can acquire private land for the purpose of infrastructure development, urbanisation or industrialisation.