Whereas it is expedient to provide for the requisition and speedy acquisition of land for the purposes of maintaining supplies and services essential to the life of the community, increasing employment opportunities for the people by establishing commercial estates and industrial estates in different. The enactment of the national food security act, nfsa 20 on july 5, 20 marks a paradigm shift in the approach to food security from welfare to rights based approach. Right to fair compensation and transparency in land acquisition. With regard to land, west bengal is different from other. Till 20, land acquisition in india was governed by land acquisition act of 1894. Land acquisition law challenged in court the hindu. The west bengal state government appeals all to contribute in west bengal state emergency relief fund and assist the state in prevention and control of situation arising out of unforeseen emergencies like covid19 corona. West bengal act i of 19541 west bengal judicial academy. Land acquisition and industrialisation in west bengal. Acquisition act is currently pending in the national parliament, while different states. In free india, on demand of the people in west bengal, the west bengal estates acquisition act, 1953 was enacted.
Aft act to provide for the stare acquisition of eslates, of rights of intermediaries therein and of certain rights of raiyats and under raiyatsaiul of the rights dfcertain other persons in lands comprised in estates. The act overrode the colonial land acquisition act l. None of the intermediaries and the raiyats or underraiyat could hold land in. The eac made these directives while according conditional nod to the telangana rashtra samithi trs governments. The larr act came into force in 2014, following decades of conflict over compulsory acquisition of land under the 1894 act, which had created a severe imbalance of. The right to fair compensation and transparency in land. Acquisition, rehabilitation and resettlement act, 20. In 20, parliament passed the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act. The vesting proceedings was initiated in 1978 and completed in december 1982 when chapter iib of wblr act is in force but the proceedings was conducted following section 65 of wbea act. This act may be called the land acquisition act, 1894.
Part of the ethnolinguistic bengal region of the indian subcontinent, it borders bangladesh in the east. The aim of the bill is providing fair compensation to people whose land has been taken away for setting up the buildings or factories. Chapter iv land acquisition and compensation 62 the act had sought to reserve some of the land from the common pool of the village to be vested it in the proprietary body the coowners of the village, who would include the owners whose lands were being taken for this purpose, but put it under the manage. Status of environment in west bengal special feature.
The whole document can be downloaded also from the link given below. An act to provide for the requisition and speedy acquisition of land for certain purposes. The recent opposition against the land acquisition in. The proceeding under the land acquisition collector is of an administrative nature and not of a judicial or quasi judicial character. Land acquisition issues isid institute for studies in. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. The challenges before the right to fair compensation and. In section 9, after subsection 3, insert the following subsections, namely. The political turmoil resulting from land acquisition for mining and industrial projects led the upa government to undertake a wideranging overhaul of the land acquisition act, 1894, and the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20, larr act, 20 was enacted. None of the intermediaries and the raiyats or underraiyat could hold land in excess of the. Sc notice in challenge to 65yearold land acquisition.
Land acquisition amendment bill, 2007 to amend the land acquisition act, 1894 feb 2009 bills passed by lok sabha, referred to rajya sabhalapses due to the dissolution of the lok sabha. Eac asks telangana to compensate farmers under 20 land acquisition act the eac made these directives while according conditional nod to the telangana rashtra samithi trs governments ambitious rs 80,000 crore kaleshwaram lift irrigation project. The constitution assures that no person shall be deprived of his property saved by the authority of law32. Pdf land acquisition in a west bengal district researchgate. Larr act, 20, is the current law of the land on land acquisition. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. Moreover, the government continues to rely on the land acquisition act enacted by an earlier colonial regime for such purposes. Jan 08, 2019 the law also brings transparency in the process of land acquisition and lays down measures for rehabilitation of those displaced.
Oct 16, 2004 the process of land acquisition for industrial development initiated since the mid1990s in west bengal s paschim medinipur district threatens to undermine the propeasant policy of the left front government. Jan 08, 2019 west bengal financial rules is divided into twelve chapters which covers the following in detail. The right to fair compensation and transparency in land acquisition, rehabilitation. West bengal financial rules is divided into twelve chapters which covers the following in detail. Orders directions of the 1st appellate authority here the additional district magistrate land acquisition and 2nd appellate authority here the west bengal information commission. Provided that in a case where the said notice has been publised more than two years befere the commencement of the west bengal land requisition and acquisition amendment act, 1994, the award shall be made within a period of one year from the date of. Dec 18, 2018 further, the west bengal land act of 1948 also calls on the state to make an award for the acquired land within three years of notifying the acquisition, failing which the land acquisition proceedings would stand lapsed.
An act to amend the land acquisition act, 1894, in its application to west bengal. The expert appraisal committee of union environment ministry has directed telangana to compensate the farmers under the land acquisition act 20, in a major relief and success to lakhs of farmers opposing coercive land acquisition and seeking fair compensation. Bengal regulation i of 1824 and culminating in the land. West bengal, was that the corporates choose the fertile land. Sasec road connectivity investment program tranche 2.
Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill, 2015 3 c. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. The law also brings transparency in the process of land acquisition and lays down measures for rehabilitation of those displaced. The process of land acquisition for the purposes of land acquisition act of proceedings are carried on by an officer appointed by the government known as land acquisition collector. West bengal act x of 1956 the west bengal land reforms act, 1955. The west bengal land reforms act, 1955 laws of india. The acquisition of land under the act of 1894 is reversing the forces of empowerment. General system of financial management and control. Land acquisition rehabilitation and resettlement bill 20. With over 91 million inhabitants as of 2011, it is indias fourthmost populous state. Transparency in land acquisition, rehabilitation and resettlement act, 20. Resettlement act rfctlarr, 20 with its provisions of consent, public consultation. On 31 december 20, the president of india promulgated an ordinance with an official mandate to meet the twin objectives of farmer welfare. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts.
There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is the land acquisition act, 1894. Further, section 3 of the west bengal rural employment and production wbrep act, 1976 provides for levy and collection of a surcharge68. Oct 16, 2004 the process of land acquisition for industrial development initiated since the mid1990s in west bengal s paschim medinipur district threatens to undermine the propeasant policy of the left front. The process of land acquisition for industrial development initiated since the mid1990s in west bengals paschim medinipur district threatens to undermine the propeasant policy of the left front government. Acquisition, rehabilitation and resettlement act, 20 larr to do. The west bengal land requisition and acquisition reenacting act, 1977 the west bengal nationalised textbooks act, 1977 the bangabasi group of colleges taking over of management act, 1978.
The larr act came into force in 2014, following decades of conflict over compulsory acquisition of land under the 1894 act, which had created a severe imbalance. Land acquisition, rehabilitation and resettlement act legislative. With regard to land, west bengal is different from other indian states in many ways. An act to amend the law for the acquisition of land for public purposes and for companies. State policy and agrarian challenges dilip mookherjee boston university igc bihar conference, patna july 21, 20 d. A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to. Land acquisition in india refers to the process by which the union or a state government in india acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement land acquisition in india is governed by many actslaws such. Examination of proposals for land acquisition and social impact assessment. From land reform to land acquisition in west bengal. Whereas it is expedient to amend the land acquisition act, 1894, in its application to west bengal, for the purpose and in the manner hereinafter appearing. The recent experience of west bengal would testify that this is a matter with grave sociopolitical consequences, critical enough to disrupt and perhaps even stall the pace of industrialisation. West bengal land requisition and acquisition act 1948. Contains all enforced central and state acts linked with subordinate data like.
Singur act pdf this paper reports results of a household survey in singur, west bengal. The land acquisition act, 1894 west bengal judicial academy. Land use and land acquisition laws in india icrier. West bengal land requisition and acquisition act, 1948 complete act bare act. Guidelines for interdepartmental transfer of land followed by west bengal government 5. Constitutional validity of land acquisition in india. Even in the state of west bengal, which takes pride in implementing land reform measures, land acquisition had taken place at a faster pace than land reforms. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 2 b. West bengal is the thirteenthlargest indian state, with an area of 88,752 km 2 34,267 sq mi.
An act to ensure, in consultation with institutions of local selfgovernment and gram sabhas established under the constitution, a humane, participative, informed and transparent process for land acquisition for. However, the petitioners contend that the process of land acquisition was never completed, and has since then lapsed, particularly in view of the prevailing 20 land acquisition act. Contribution to this fund entitles you to claim 100% deduction under section 80g of the income tax act. The purpose of this paper is to analyse the recent land acquisition and eviction experience of west bengal to get a grip on the general problem of. The land acquisition drive of the left front government for promoting industries is at present the most controversial public issue in west bengal. Sections 22 and 23 of the west bengal land reforms wblr act, 1955 provide that raiyats67 using land for commercial purposes are liable to pay land revenue at the prescribed rate. This amendment removed article 31 and replaced it under article 300a. Aim of the land acquisition, rehabilitation and resettlement bill, 20. Sawhney 2003 worked on punjab reforms that can be listed to. Whereas a notification was issued, and the same was published in the calcutta gazette, the state did not take any further steps to complete the acquisition of the. Gujarats new land acquisition bill approved by president. The petition said the amendments violate the core spirit of the right to fair compensation and transparency in land acquisition rehabilitation and resettlement act of 20. West bengal act i of 19541 the west bengal estates acquisition act, 19532.
While agricultural land following acquisition now lies. Land acquisition resettlement and rehabilitation bill what happened to the land acquisition law. Apr 14, 2018 how central and state governments have diluted the historic land legislation of 20 unsurprisingly, within a year of the acts coming into force, both central and state governments were united in their attempt to eviscerate it. By namita wahi in 20, parliament enacted the historic right to fair compensation and transparency in land acquisition, rehabilitation, and resettlement act larr act, which repealed and replaced the land acquisition act, 1894. A land in question was vested to state under wbea act in 1982. Resettlement bill, 20 receives the assent of the president. Same as that under calcutta and howrah improvement under west bengal. Further, section 3 of the west bengal rural employment and production wbrep act, 1976 provides for. The law was enacted by the british government and by virtue of the indian independence adaptation of central acts and ordinances order, 1948 continues to exist as the. The act legally entitles upto 75% of the rural population and 50% of the urban population to receive subsidized foodgrains under targeted public distribution system. R was passed by the parliament on 5th september 20 and came into force on january 2014.
The right to property became a constitutional right after the fortyforth constitution amendment act 1978. Files petitions filed under section 61 of the right to information. The process of land acquisition for industrial development initiated since the mid1990s in west bengals paschim medinipur district threatens to undermine the propeasant policy of. By the enactment of this act, the rights and interests of the intermediaries got vested to the state w. Larr bill in parliament sets compensation at an arbitrary.
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