The Right To Fair Compensation And Transparency In Land Acquisition Rehabilitation And Resettlement At, 2013 – A New Impetus To Reach New Socio-Economic Challenges Through Land Acquisition

Authors

  • Tanaya Raha

Abstract

The Land Acquisition Law in India has gained a momentum with the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 - an overview. In an agricultural based country like India, land rights entails every aspect of human livelihood like occupations, emotions, value system, relationship, culture etc. simultaneously India as a developing country needs mobilization of Socio-economic advancement and land acquisition has a boosting effect on it. The theory of Eminent Domain which is the basic pillar of land acquisition process clearly directs a balancing interest between the Government of a welfare State and an individual owner of land. The 1894 Act was well equipped without having any fair and sympathetic attitude towards the land owners whereas the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 has a keen insight to solve the land acquisition matters in a humane, participative, fair and transparent process. This statute is aimed to fulfill the true intention of the Doctrine of Eminent Domain. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 is definitely a better equipment to achieve the infrastructural goal of industrialisation. Now proper implementation of this comprehensive Act is the need of the moment.

References

Black’s Law Dictionary, Thomson West, USA 8th Edition 2004.

Fernendes Walter, 2009 ‘Displacement and Alienation from Common Property Resources’, in Lyla Mehta (ed),Displaced by Development- Confronting Merginalization and Gender Injustice (pp.105-131). New Delhi: Saga Publication.

Devalle Susana B.C. 1992 Discourses of Ethnicity Culture and Protest in Jharkhand, New Delhi; sage.

Claus, Martina and Sebastian Hartig, 2012, the Koel Karo Hydel Project and Empirical Study of the Resistance Movement of the Adivast in Jharkhand India.

Omitted by the constitution (forty- fourth Amendment) Act, 1978- read (to acquire, hold and dispose of property).

Omitted by the Constitution (Forty Fourth Amendment) Act, 1978- compulsory acquisition of property.

A.I.R. 1951 SC 458.

A.I.R. 1965 SC 845.

A.I.R. 1967 SC 1643.

Keshavananda Bharti –Vs- State of Kerala (A.I.R. 1973 SC 1461).

Article 300A – person not to be deprived of property saved by the authority of law.

Government of India Report: Report of the Land Acquisition Review Committee on land.

An Article published in Manupatra, by Prop. Kahkashan Y Danyal- Land Acquisition in India, Past and present.

Ibid.

C.A. 4283/2013 decided on January 12, 2015.

Sanmukhbhai Bhikhabhai Patel -Vs- State of Gujrat AIR 2005 NOC 364 Guj 2005 AIHC, 2005 LAC (Guj) 461.

Tirunuru Subhareddi and other –Vs- State of Andhra Pradesh and others AIR 1979 AP 127.

Ratilal Shakarabhai and others –Vs- State of Gujrat and others (AIR 1970 SC 984).

The Forane Church –Vs- U.P. Govt. and other (AIR 1972 Ker 193).

Brij Nath Sarin –Vs- U.P. Govt. and others (AIR 1953 All 182).

Nader Chand Mallick –Vs- State of West Bengal and others (AIR 1952 Cal 67).

Dada Fire Works Pvt. Ltd. –Vs- State of Maharashtra (2005 LAC 186) P-193.

Chapter-II, Section 10 of the Right to Fair Compensation and Transparency in law Acquisition, Rehabilitation and Resettlement Act, 2013.

R. Chakraborty- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013, Page- 68.

Section26 to 30: the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Section 25: Ibid.

AIR 2005 SC 2214.

Ibid.

K. Ramachandra and others v LAO Spl. Dy. Collector SLBC, Nalgonda, 2013 (6) ALT731.

Land Acquisition Officer.

Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Section 64 Clause 1 of the 2013 Act.

Dr. Poonam Saxena and S.K. Kaushik, Habburys Laws of India: Trusts and Charities page- 423, Para 290, 465, Volume 29 (2) (Butterworths Lexis Nexis Publications, New Delhi 2000).

Sec.10-A of the Right to Fair Compensations and Transparency in laws Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance 2014.

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Published

30-12-2018

How to Cite

Tanaya Raha. (2018). The Right To Fair Compensation And Transparency In Land Acquisition Rehabilitation And Resettlement At, 2013 – A New Impetus To Reach New Socio-Economic Challenges Through Land Acquisition. Research Inspiration: An International Multidisciplinary E-Journal, 4(I), 17–26. Retrieved from http://researchinspiration.com/index.php/ri/article/view/93

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