Land acquisition in India is currently governed by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This act is heavily in favour of land owner, Agriculturists, whose land is about to be Acquire by Government Authority for any Public Purpose. This Act was came into force on 01.01.2014. Advocate Vikram Singh and other Advocates at our law firm namely Onlineadvocateindia have good amount of Experience in Handling Land Acquisition matters before Punjab and Haryana High court, Chandigarh and we are best law firm in Chandigarh in these kind of litigation.
The Land Acquisition, Resettlement and Rehabilitation Act, ensured the displaced a compensation up to four times the market value of land in rural areas and two times in urban areas, when land is being acquired by Government for any Private Builder or Project. The act made it mandatory to obtain prior consent of owners of the land – 70% for Private Public Participation (PPP) projects and 80% for private projects, which could be raised to 100% by respective State Governments. in this Act Public Purpose had been defined very Clearly.
This is an another safeguard provided to conman people, who don’t want to part with their land in the name of any public purpose as in so many cases it had transpired that Government acquired the land in name of public Purpose and hand over big chunk of land to Private developers at very low price. this can be termed as State law Scam. it is provided in this Act if the majority of the landowners do not agree to the project to be established on their land whether in name of public purpose or not , a majority of land owner can unite and oppose the project by not giving their consent to their land being acquired.
Under the Old Land Acquisition Act Government could be acquire land overnight by invoking urgency clause with or without any basis. in the new Act, a proper procedure is designed acquisition of land on urgent basis and for awarding compensation, rehabilitation and resettlement award of the person, whose land had been acquired by Government and if later in it is found by courts that Urgent Situation does not exist at all as pleaded by Government to acquire land in the first place then whole Acquisition could be quashed by Hon’ble court.
A very critical point, which is not relevant though from Legal Point of view but social Point of view is that in this act a survey of Social Impact Assessment of land Acquisition would be done by an Expert Group appointed by government. Benefit of this Social Impact assessment survey would be that if Report of this survey came to this effect this land acquisition would not be in favour of Public interest or the project to be established by acquisitions of land is not in public interest this report can be basis to challenge the land Acquisitions proceedings before Hon’ble court.