46. The appropriate Government shall ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-section (6) of section 4 are prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional magistrate and the Teshil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government. Section 40 of Land Acquisition Act 2013 "Special powers in case of urgency to acquire land in certain cases". 2. 113. Indira Awas Yojana specifications. The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families. NOTE .—The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number. 2. Difference in price of land when transferred for higher consideration to be shared. a. a representative of women residing in the affected area; b. a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area; c. a representative of a voluntary organisation working in the area; d. a representative of a nationalised bank; e. the Land Acquisition Officer of the project; f. the Chairpersons of the panchayats or municipalities located in the affected area or their nominees; g. the Chairperson of the District Planning Committee or his nominee; h. the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees; i. a representative of the Requiring Body; and. When any money shall have been deposited in the Authority concerned under this Act for any cause other than the causes mentioned in section 79, the Authority may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. 5th September 2011 - LARR Bill, 2011 approved by the Cabinet. area and which has been involuntarily displaced from such area: Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which. Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014” were published as required under Section 112 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) vide Telangana State (2) It extends to the whole of India except (the state of Jammu and Kashmir). The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. 5. of the compensation for The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). Terms of office of Presiding Officer. Period within which an award shall be made, Section 26 Resignation and removal. 3. In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building. Cognizance of offences by court. Previous publication of rules made by Central and State Government. 2. The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him. cost of undertaking ‘Social Impact Assessment study’; i. a company as defined in section 3 of the Companies Act, 1956, other than a Government company; ii. 2. Notice to persons interested. If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of Re-determination of amount of the compensation in the Authority to which a reference under section 65 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 65: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. Part I — Preliminary 1 Short title This Act may be cited as the Lands Acquisition Act 1989. Explanation.— For the purposes of this section,—, a. Survey and plan of land. An additional compensation of seventy-five per cent. In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 20 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11. Definitions In this Act, unless the context otherwise requires,—. Prevention of Cow Slaughter Act 1955, The Sensational Murder Case of Sister Abhaya – Timeline of Incidents, Decriminalization of Adultery and its Aftermath. 111. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. Compensation to be awarded when land not acquired within two years . 107. Reporting requirements. The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 65, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter. Staff of Authority. Revised Edition . (1) In cases of urgency, whenever the appropriate 10 Landmark Judgements of Constitutional Law. The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where,—. 9. Details of each component of infrastructural amenities mentioned under column (2) against serial numbers 1 to 25 should be indicated by the acquirer of land, The Fourth Schedule (See Section 106) List of Enactments Regulating Land Acquisition and Rehabilitation and Resettlement, B&B Associates LLP Advocates & Legal Consultants Chandigarh - Panchkula - Noida - Faridabad - Dehradun - Lucknow - Ludhiana. 1. The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group. 2. a. the area and suitability of land proposed to be acquired; b. justification offered for public purpose; c. the findings of the Social Impact Assessment report. The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. 6. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial number 4 under column (2). required for the defence of India or national security or 5. sub-section (I) or sub-section (2) the Collector shall Special Provisions for Scheduled Castes and Scheduled Tribes. i. trustees for other persons beneficially interested with reference to any such case, and that to the same extent as the person beneficially interested could have acted if free from disability; ii. Stamp duty and registration fee. certain cases is defined under section 1. The forest dweller families must be provided, where possible, with their forest rights on non-timber forest produce and common property resources, if available close to the new place of settlement and, in case any such family can continue their access or entry to such forest or common property in the area close to the place of eviction, they must continue to enjoy their earlier rights to the aforesaid sources of livelihood. Publication of declaration and summary of Rehabilitation and Resettlement. notice as may be reasonably sufficient to enable such • Land acquisition is the process by which the government acquires private property for public purpose. In all cases of money deposited to which this section applies the Authority concerned shall order the costs of the following matters, including therein all reasonable charge and expenses incident thereon, to be paid by the Collector, namely:—. ... Subject to sub-section (2), the provisions of this Act shall not apply to acquisition of land under the enactments specified in the Fifth Schedule. 106. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. 3. 3. 2. 1. 2 Commencement Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report. 1. States. the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; iii. The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him. (3) Before taking possession of any land under 2. ii. Powers of Authority and procedure before it. 14. dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs; iii. Any person interested in any land which has been notified under sub-section (1) of section 11, as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification, object to—. 1. In cases of displacement from the Scheduled Areas, as far as possible, the affected families shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 1. Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State. Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government. 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