Land Acquisition Act Case Study

PROPERTY LAW PROJECT

AN ANALYSIS OF THE LAND ACQUISITION (RESETTLEMENT AND REHABILITATION) BILL, 2013

(TERM PAPER TOWARDS PARTIAL FULFILMENT OF THE ASSESSMENT IN THE SUBJECT OF PROPERTY LAW)

SUBMITTED BY:

SRINIVAS RAMAN

ROLL- 1144

SEMESTER- IV

SECTION- A

B.A., LL.B (HONOURS) ACKNOWLEDGEMENTS

I would like to begin by extending gratitude towards Dr. Souvik Chatterjee for enabling me to do this project. It has been an immense learning experience. Researching for the project provided me with the opportunity to delve deep into facets of law that I would not have been able to do otherwise. Also, the class room lectures and debates have helped me take my learning to a higher level which have broadened by view and helped me in understanding

Public Purpose: The act provides that land may be compulsorily acquired by the government for a public purpose. Section 3(f) of the act defines ‘public purpose’ to include the provision and planned development of village sites, provision of land for a state owned or controlled corporation, residential development for the poor and landless, people displaced by calamities, educational, housing, health or slum clearance schemes and premises for public offices. Section 39 of the act provides that land may be acquired for the use of companies for the above purposes, or if the work is ‘likely to prove useful to the public.’ Procedure: The procedure for acquisition of land includes notification of land to be acquired (Section 4), hearing of objections (Section 5A), final declaration of acquisition (Section 6) and payment of compensation (Sections 23 and 24). All disputes are to be settled in civil courts (Section 18). Compensation: Section 23(1) of the act further provides that compensation for land acquisitions must be computed at the market value of the land acquired. In addition, it must include payments for any damage sustained by the ‘person interested’ as a result of the acquisition, for instance due to the severing of land from other land, the drop in profits or earnings of the person, and reasonable expenses for relocation if that becomes necessary as a result of the acquisition. Further, Section 23(2) provides that a solatium of 30% of the market value of the land should be paid in addition to the compensation in light of the compulsory nature of the acquisition. Finally, the value of any property such as buildings, irrigation works, trees, etc, must be paid. Section 24 of the act however, expressly prohibits the intended value of land from being taken into account for computing market