Last Updated on April 6, 2019 by Legalseva.net
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is also called the Land Acquisition Act, 2013 regulates the activities of land acquisition. It also lays down the procedure and rules for granting compensation, rehabilitation,and resettlement to the person who is affected during the process of land acquisition in India.
This Act also lays down the provisions for fair compensation to the people whose land is taken. This Act applies to all land acquisition activitieswhich are done by the Central Government of India, or any State Government of India, except the state of Jammu & Kashmir.
The land acquisition Act aims to institute the law on the activities of land acquisition and also to ensure the rehabilitation and resettlement of people who are affected by such activities.
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Purpose and Scope of the Land Acquisition Act:
This Act is applicable in the following cases:
- When the government acquires land for its own use. In cases where it holds and controls the land.
- When the government acquires land to transfer it to private companies for some stated public purpose.
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The aims and objectives of the Land Acquisition Act:
- To ensure a kind, learned and transparent process of land acquisition for industrialization, the growth of essential infrastructural services and development in agreement with the local self-government and Gram Sabhas established.
- It is done to ensure the least disturbance to the owners of the land and other affected people and families.
- This act guarantees adequate provisions for affected persons for their restoration and transfer.
- It also ensures that the affected persons become a partnerin the development that leadsto an improvement in their social and economic status as well.
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Enhancement of Compensation under the Land Acquisition Act:
However, there are cases where the affected persons are not satisfied with the amount of compensation fixed in lieu of their land. Such people have complete right to appeal before the higher authority and court.
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Let’s go through the facts of the related Case:
- Even as farmers whose land is being acquired for the Kartarpur corridor project had reportedly agreed upon compensation of Rs. 34 lakhs per acre recently, they are now planning to move the court for enhancement of compensation.
- Sub-divisional magistrate (SDM) Gursimran Singh Dhillon, who was designated as the competent authority for land acquisition (CALA) by national highways authority of India (NHAI),had held a meeting with around 30 farmers a few days ago, following which the rate of compensation was finally agreed upon.
- After this meeting, decks were cleared for the construction of the corridor that will give Indian pilgrims access to GurudwaraKhatarpur Sahib in Pakistan, 3-4 km from international border at Dera Baba Nanak. The gurudwara stands at the place where first Sikh Guru Nanak Dev spent the last years of his life.
- Dhillon has said that the land belonging to around 200 farmer families is to be acquired as per the plan under which a highway, a terminal and an integrated checkpost (ICP) will be established. He said a total of 110 acres will be acquired for the project.
- However, the plea of affected farmers is that the compensation has not been fixed as per the market rate.
- A majority of the affected farmers belongs to Pakhoke Village near Dera Baba Nanak town, while others belong to JaurianKhurdandChanduNangal. The lands in Pakhoke have a higher market value because of its soilgives more yield.
- Most of the farmers have small holdings and agriculture is their sole source of income.
- Most of the farmer said they haven’t received any compensation yet. Meanwhile, the officials have said that farmers have the right to appeal in the court but the construction will not affect.
You must consult best/top/expert property lawyers advocate in Chandigarh Panchkula Mohali for enhancement and compensation Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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This post is written by Damini Aggarwal of Punjab University (2020 batch). For more info on subject, please dial 99888-17966.
