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India's Land Acquisition Laws:Balancing Development & Rights



  Nov 04, 2023

Land Acquisition Legislation in India



Title: Delving Into India’s Land Acquisition Laws

1. What sparked the controversy around Tata Motors in West Bengal?

Tata Motors had secured an arbitration award against the West Bengal Industrial Development Corporation over a dispute at their Singur plant. The project was ultimately scrapped due to protests against land acquisition by the local populace.

2. What has been the evolution of land acquisition laws in India?

The land acquisition laws in India have undergone various changes. Historically, the focus was on acquiring land for public purposes.
However, the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act in 2013 (LARR Act) brought in a more comprehensive framework.

3. What are the key features of the 2013 LARR Act?

The LARR Act emphasizes:

Fair compensation and resettlement for the affected.

Transparent land acquisition processes.

A four-fold increase in rural area compensation and two-fold in urban areas.

Inclusion of various stakeholders, including farmers and landowners.

Requirements for private companies to secure consent from 70% of the landowners for land acquisitions.

4. Why have 16 states sidestepped provisions of the LARR Act?

These states have enacted laws to bypass several provisions of the LARR Act, mainly those related to consent and Social Impact Assessment (SIA), finding the requirements cumbersome and a deterrent to development projects.

5. How did Maharashtra address the challenges posed by the LARR Act?

Maharashtra incorporated four existing state laws under the LARR’s relevant schedule, effectively overcoming some of the hurdles presented by the LARR Act.

6. What legislative move did Haryana take in relation to the LARR Act?

Haryana implemented a law that exempts Public-Private Partnership (PPP) projects from the consent and SIA obligations outlined in the LARR Act.

7. Have there been efforts to reform the LARR Act?

Yes, within six months of the act’s enforcement, modifications were proposed, citing cumbersome procedures and challenges to development projects. The goal was to ease the acquisition process to boost development while still maintaining fairness and transparency.

Conclusion:

The landscape of land acquisition laws in India is dynamic, with a balance sought between development needs and protecting the rights and interests of landowners and stakeholders.

SRIRAM’s


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