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Land acquisition is the power of the union or a state government in India to take private land for public, and to compensate the original owners and other persons affected due to such acquisition. [ 1 ]
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013 or LARR Act [1] or RFCTLARR Act [2]) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India.
The Land Acquisition Act of 1894 [6] was a comprehensive law enacted in British India. This Act of 1894 is the basis for Indian government's current procedures for land acquisition for public purpose. The Land Acquisition Act of 1894 has been controversial and was challenged in the past.
Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force on 1 January 2014. [14] Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894. [15]
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fifth Amendment) Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. [1]
Land conflict in India is present in 45% of the districts of the country. [1] The conflict is spread over a number of sectors such as infrastructure, power, industry and forestry. [ 1 ] 25% of all disputes resolved by the Supreme Court of India are related to land disputes and land acquisition. [ 2 ]
Independent India's most revolutionary land policy was perhaps the abolition of the Zamindari system (feudal landholding practices). Land-reform policy in India had two specific objectives: "The first is to remove such impediments to increase in agricultural production as arise from the agrarian structure inherited from the past.
Builders try to acquire this land by offering a small premium above the government's rate for the acquisition of the land. If landowners farmers still resist the sale, then Section 6 of land law is applied by declaring the government's intention to acquire land, which forces the reluctant farmers to sell the land to builders at small premium.