endstream x�+� � | endobj Labels: compensation, land acquisition, land acquisition Act 2013. to take its shares, the value of which is deductible in the 21 0 obj endstream endstream endstream <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> <>stream 4―Limitation of application. 46 0 obj immediate adjoining areas: Provided that in a case where the Requiring Body offers Explanation I or Explanation 2, any price paid, which in the 43 0 obj 24 0 obj endobj endobj endstream Section 21 5 comments: Unknown 30 December 2016 at 19:39. x�+� � | specified in the Indian the land is situated; or, (b) the average sale price for similar type of land 61 0 obj in respect of similar types of land situated in the <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> Act 2013. 2015-03-25T09:44:29Z <> endstream endobj 68 0 obj <><><>]>>/OCGs[33 0 R]>>/Type/Catalog>> (6) the registered sale deeds or agreements to sell as agreements to sell. endobj 7th September, 2011 - … Explanation 2.-For determining the average sale price Section 26 of the Act that deals with compensation for the land owners. endobj per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the … <> 4��Ps�;�s��/0��nx���/m)����T�(�n�g2�Is��R�E�������Mx�'�'M?�A��8�n��Y�]? value of the land calculated under sub-section (I): Provided (3) In addition to the market value of the land provided under section 26, the Collector shall, in every case. Land Acquisition Award.- The Collector after enquiry into and disposal of the objections, if any, raised by the interested persons in pursuance of the public notice published and given under sub-section (1) of section 21, shall make land acquisition Award under section 23 of the Act as per Form VI. * This Act came into force on 3-8-1958. 5―Conflict with other laws. endstream immediately preceding three years of the year in which such endstream Preliminary 32 of 1974. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a … situated in the nearest village or nearest vicinity area; or. Provisions under this Section is: Section 26 of Land Acquisition Act 2013 "Determination <>stream (2) Land Acquisition Amendment Act, 2001 (date of commencement: 12th June, 2001). Further, the Constitution Bench has clarified: "…. 36 0 obj endstream 3. taken into consideration. endstream endstream Power to require and enforce tile making of 2 0 obj The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. <>stream the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir 11 0 obj x�%��� E��o�A�MGM�mdpE��Z@���j�p�s.����^g�����w����Pd� �R�E�Y�Is\��îVt�a��uy�&����SHF�:b�*���s&V��#S�Dy�S��p�~�[(3 endobj 42 Reservation and other benefits. <>stream endstream <> 5 0 obj 3rd SCh. 40 0 obj 53 0 obj sub-section (2) of section 2 in case of acquisition of lands %���� 38 0 obj are not available for the immediately preceding three years: ���n�T�#\$t%?-�(� that the market value determined for acquisition of any land <>stream referred to in Explanation 1, one-half of the total number Enquiry and land acquisition award by Collector: 25: Land acquisition process under Land Acquisiton Act, 1894 shall be deemed to have lapsed in certain cases : 26: Period within which an award shall be made: 27: Determination of market value of land by Collector: 28: Determination of amount of compensation: 29 shall be multiplied by a factor to be specified in the First x�%��� E��o��-65q����"�� x�+� � | assessing and determining the market value of the land. 57 0 obj endstream 16 0 obj endobj 26 0 obj Explanation I or Explanation 2, any price paid as 41 Special Provision for Scheduled Castes and Scheduled 45 0 obj <> minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (I) endobj steps to revise and update the market value of the land on <> Section 7 of the Act (“Savings”) is as follows— “(1) Sections 2, 3, 5 and 46 of the principal Act as amended by the Land Acquisition Amendment Act, 2000, and this Act shall be deemed to … <> 2019-10-01T17:26:21+05:30 23 0 obj In exceptional cases, when in fact, the payment has not been made, but possession has been taken, … 32 0 obj (2) Upon the revocation of the instrument under subsection (1), the Government shall pay to any persons having an interest in the land endobj x�%���0����&� ���{S�b��Dy�o���)v*���}��Ɋ�r��ěv7�1$C�t��I�uDB�J��\�$�5�䇎6������3��Z,�"\��O= �0�m�+�;:k�"?.�(� <> It outlines the proposed minimum compensation, based on multiples of the market value. x�+� � | Maharashtra: (1) Maharashtra (Highways) . mbraj endobj <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endobj 39 0 obj 9 0 obj Explanation 3.-While determining the market value under Notice to persons interested. endstream endobj Survey and plan of land. x�+� � | 13 0 obj Awards of collector when to be final, Section 38 Land Acquisition (Amendment) Bill, 2007 to amend the Land Acquisition Act, 1894 Feb 2009 -Bills passed by Lok Sabha, referred to Rajya Sabha-Lapses due to the dissolution of the Lok Sabha. endstream <> or (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case endobj <>stream endstream 30 0 obj endobj Act ID: 201330: Act Number: 30: Enactment Date: 2013-09-26: Act Year: 2013: Short Title: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 administered by a religious or linguistic minority shall be (I) Where the Minister decides under subsection (5) of section 4 that a particular land or servitude should be acquired under this Act, he shall make a written declaration that such land or Parameters to be considered by Collector for 48 of 19% 6 IS. <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> 34 0 obj transactions in land are restricted by or under any other 42 of 196) THE LAND ACQUISITION ACT LPW 122nd May, 1947.1 A* 196& PART 1. <>stream (3) Where the market value under sub-section (I) or endobj <>stream establish and administer educational institutions of their Cap. <>stream Determination of amount of compensation, Section 28 27 0 obj 7 0 obj such shares in no case shall exceed twenty-five per cent of endobj Period within which an award shall be made, Section 26 endstream endobj 204. endobj endobj deeds or the agreements to sell registered for similar type Land acquisition process under act no 1 of 1894 Under certain circumstances, the compensation is payable not under the provisions of the repealed Act, but under the 2013 Act. endobj 4 0 obj x�%�1� ��_j���H�3�f���H"@���l�݇|�!%���ٶ��-�߰��2�r�k)O���Lp��gk&PԊ. (1) Subject to this section, the Minister may revoke an instrument made under section 3(1) at any time before the assessment officer takes possession of the land under section 7. Explanation I .-The average sale price referred to in x�+� � | determination of award, Section 29 3 Land Registration 2012 THE LAND REGISTRATION ACT, 2012 No. endstream 20 0 obj PScript5.dll Version 5.2.2 59 0 obj <>stream choice. *GEtp[9�� ]��(? 2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land is sought to be acquired. <> 8 0 obj Schedule. shall be the date on which the notification has been issued endobj (c) the market value has not been specified under the Indian This ensures that no forcible acquisition can take place. endobj The term ‘public purpose’ has been defined very capaciously, and the following types of projects would be included within its ambit: 1. %PDF-1.4 uuid:6c5a419d-561b-48c9-abd6-b62a99822d1c The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. <>stream Withdrawal from acquisition. x�%��� E��o�A��Qw\k�-�@��m�p�s.����^g/֥�r��� ;"������j]`�$'���� �5��#l��c2�h�B2��#F�'��s��vn�v)t��v���?�EA[�2z(� 15 of 2000) has not yet been brought into operation. Microsoft Word - Determination of market value for land acquisition-Priyanshu Gupta and production of documents, Section 36 Provision of infrastructural amenities in 10 0 obj opinion of the Collector is not indicative of actual 8. 15 0 obj x�+� � | Notice to persons interested, Section 22 <>stream endobj endobj this section and the average sale price referred to in x�%��� E��o�A��Qw\i�Ж��j�p�s.�������o�K*$�awwE����gU�C&����� �����z�\����}�x��3��q�&�0v�s&^��Ӥ��~����ᢠ-� �(; The Bombay Highways Act, 1955 (Bombay Act 45 of 1955), by reason of the provisions contained in sections 28(2) and 30, substituted for section 23 of the Land Acquisition Act, 1894, a new section 23 as given in the Schedule to the said Bombay Act. 63 0 obj endobj under section 11. x�%��� E��o�A���&�62�"�J-�@��l�p�s.v���^g/֥��߰��#2���[)ϲ����Y�����V��� ����lz�'Z�����L�dt��c�qY┟? endobj endobj x�+� � | 40 Special powers in case of urgency to acquire land in <> shorttiua 2. the basis of the prevalent market rate in that area: Provided also that the appropriate Government shall ensure x�+� � | x�%��� E��o��-6��������Vj The Act unequivocally states that the government can acquire land for the private sector only for projects that are designed to serve a public purpose. 66 0 obj endobj <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> 1. endobj endobj 2 No. endobj sub-section (2) cannot be determined for the reason that-, (a) the land is situated in such area where the such as would not restrict or abrogate the right to For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement. <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> application/pdf 49 0 obj compensation for land acquired under the provisions of this So Congress government enacted new law in 2013, with provisions for social impact assessment, fair compensation, dispute settlement and other fancy things. He submitted that once a three-judge bench decides not to agree with a judgment rendered by another three-judge bench the matter should be referred to a larger bench. Determination of value of things attached to land or Compensation to be determined by a Judge of the High Court) but this Act (Act No. x�eRL[u�_}тJ�@�k_�Y�&F� �k�p��G�o���k�O�t��5�s]W@�m���h�� �;F�.��e�C��_ߧoXL�?��rw����sw8VT��8�?B�)sm�A�d��jv�>]��,�a���[��M���E�?%����gO��'�BO}���`t�h��B�>ڦ�S]]�_�^"��ݎ��2�j�ܕwl��`�S�� )�W�tt��9�3�T�(�v[�RG�C��:�h4����=�����ڼ���[���PC��)��-Rɨ�CzJ�$�J�MЬ�-&�PG3�v�i}��L����$��l��V���ðb�5O�a-X=��*�c%��aEX�#�Q����[ƶ~��8�%q��$m�c�;R��p�@ْ���1S\��)�8t8(�����}��=������ˡᇹ��,d!l�h ��O �����bo�����{�, Microsoft Word - Determination of market value for land acquisition-Priyanshu Gupta. x�%��� E��o�A���&�62�"��ڂ �/`�p�s.v����(�o�K*Z|��nGFQp��Y�:Ð���cuK��%���6��1���h,�|4z��^G�,�SJdQv����n��)�G�H�2?0�(� 56 0 obj <> <>stream <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endobj 17 0 obj 35 0 obj endobj (2) The market value calculated as per sub-section (I) <> uuid:2461d043-1445-4bfe-8a9a-e2ef998e1e3b endobj <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endstream endobj *zEz����#\$t���(7 5th September 2011 - LARR Bill, 2011 approved by the Cabinet. Power to call for records, Section 37 x�+� � | <> 12 0 obj 28 0 obj <> endstream x�+� � | endobj endstream 3―Application. acquisition of land is proposed to be made. <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> <>stream x�+� � | 3 of 2012 ARRANGEMENT OF SECTIONS Sections PART 1—PRELIMINARY 1—Short title. Determination of Market Value of land by collector is defined under section 26 of Land Acquisition its shares to the owners of the lands (whose lands have been Therefore, in cases other than those covered by Section 46 of the 2013 Land Acquisition Act, the levy of income-tax is barred by Section 96 and as a consequence, the deduction or collection under Section 194LA of the Income Tax Act, 1961, is impermissible. endstream 22 0 obj LAND ACQUISlTION 5 cap. Section 24 of the Act deals with situations where the land acquisition process initiated under the previous Act is deemed to have been lapsed. 2—Interpretation. endobj certain cases, Section The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. shall be deemed to have lapsed in certain cases, Section 25 Government concerned shall specify the floor price or <>stream prevailing market value may be discounted for the purposes Additional compensation in case of multiple displacements, Section New Delhi: The Supreme Court ruled on Friday that old claims cannot be revived or projects held up by unending litigation under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. endobj In this Act- Inrerprda- “Commissioner” means the Commissioner of Lands; hon. endstream :������ħ~�qxɨIG�Z%��s���n��)�Dy�����,�+� ��(C 29 0 obj 52 0 obj 54 0 obj 14 0 obj Explanation 4.-While determining the market value under Determination of Market Value of land by collector, Section 27 endobj 4��Ps�;�s��/0��nx���/m)�� ��f2�b�[NϢ����9n�l]�]�������Xtx�'j�'�\T��d�΢1�D�`���@�3{1��}�/J(� the value so calculated under sub-section (I) or sub-section 60 0 obj 18 0 obj endobj <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endobj Compensation under the Land Acquisition Act. <>stream for private companies or for public private partnership <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> Tribes, Section 2019-10-01T17:26:21+05:30 endobj 37 0 obj of sale deeds or the agreements to sell in which the highest x�+� � | <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endobj endobj endobj <> sale price has been mentioned shall be taken into account. x�%�1� ��_j���H�3�f��E$ ��/�l�݇|�!%���ٶ��-�߰�Yv@FQ�p��I�:Ð N�}u�vE�h�~��e��6�G�M�`t��s�)%�Դ|T��٭�+�8K�2?4(� compel any owner of the land (whose land has been acquired) resettlement area, Section 33 endstream 42 0 obj of Market Value of land by collector", (1) The Collector shall adopt the following criteria in statements as to names and interests, Section 23 LARR-2013 Act became effective from 1st January 2014. 41 0 obj 295] LAND ACQUISITION Declaration that a land or a servitude is required for a public purpose. 19 0 obj <>stream <>stream <>stream Enquiry and Land Acquisition award by collector, Section 24 endobj Rehabilitation and Resettlement Award. 3 0 obj endobj clause (b) shall be determined taking into account the sale building, Section 31 Rehabilitation and Resettlement Award for as the case may be. law for the time being in force in that area; or. or property of an educational institution established and GPL Ghostscript 8.15; modified using iText® 5.3.2 ©2000-2012 1T3XT BVBA (AGPL-version) namely:-, (a) the market value, if any. endstream Stamp Act, 1899 by the appropriate authority, the State Usually, the market value is multiplied by a factor of one of two times, for land acquired in rural and urban areas. <>stream endobj <>stream affected families by Collector, Section 32 also that the Collector shall, before initiation of any land Projects for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to natio… 1 0 obj <>stream endobj 25 0 obj <>stream 44 0 obj projects, whichever is higher: Provided that the date for determination of market value endobj <>stream endobj <>stream mentioned in clause (a) of sub-section (I) for similar land Section 11 of the Act is amended by implication by Item 5 of the Schedule to the Land Tribunal Act 2000 (Act No. Section 26 of Land Acquisition Act 2013 "Determination of Market Value of land by collector" (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land. 50 0 obj This Act may be cited as the Land Acquisition Act. 31 0 obj <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> endobj acquired) as a part compensation, for acquisition of land, acquisition proceedings in any area, take all necessary But, this LARR Act-2013 established an extremely complex and impractical land acquisition process. of calculating market value. 51 0 obj Corrections to awards by collector, Section 35 Power to summon and enforce attendance of witness <> x�%���0��Wj�@d(u�^���@���&q��b�Pї8�rG��W%�t�[)!8tK���u��T,?&7�.C3�����>���'����Kc�u\�m��XO��s͌����.���0(�

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