How does the new land acquisition law work?

The new land law,“Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”, will replace the old Land Acquisition Act,1894. So, how the new law will affect the Land Acquisition by Govt?

Acquisition of immovable property in India is governed and regulated by “The Requisitioning and Acquisition of Immovable Property Act, 1952” (Act 30 of 1952). Acquisition of land is governed and regulated by Land Acquisition Act, 1894. Both these acts are applicable to whole of India except the state of Jammu and Kashmir. Under both these acts the Central Govt. as well as State Governments are empowered to requisition and acquire land and immovable property for public purpose (present or future). Since land is a state matter every state Governments have their own respective land acquisition laws and rules to acquire land in respective states.

However a new bill named and titled “Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” has been passed very recently by both the houses of Parliament and after getting Presidential assent and notification will replace the old Land Acquisition Act,1894.

Once the competent authority formed for the purpose of acquisition of immovable property decides to acquire any immovable property they must send a notice of requisition under section 3 of the said act (Act 30 of 1952) to the owner of the property in this regard.

Opportunities of protection and fair compensation

1. After issuance of “notice of requisition” under section 3 and before issuance of “notice of acquisition” under section 7 of the said act, the acquiring authority gives an opportunity to the owner of the property to explain why the said property should not be acquired and after considering the causes the authority passes order as it deems fit and proper.
2. If in spite of valid reasons the authorities insist to acquire the property then the aggrieved owner may appeal to the central Government within 21 days from the date of order.
3. No property or any part thereof can be acquired which is being used by the owner as residence for himself or his family member(s) or which is used for religious or public purposes.
4. If a property is not acquired within 5 years from the date of notice of requisition, it will be released and restored to the owner.
5. Compensation for the acquired property will be paid to the owner and quantum of such compensation may be decided by mutual agreement of the owner and acquiring authority.
6. If no agreement is reached arbitrator will be appointed, the owner of the property has right to state fair amount of compensation.
7. If the owner is satisfied with the award of the arbitrator regarding quantum of compensation, he may appeal to High court having jurisdiction over the area.

This article is contributed by -IndianPropertyLawyers, simplifying property  legal services.

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