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Landless labourers who may have worked on the lands for decades are not to be given any compensation. If the property belongs to economically disadvantaged segment of the society or people suffering from other handicaps, then the Court is not only entitled but is duty bound to scrutinise the action/decision of the State with greater vigilance, care and circumspection keeping in view the fact that the landowner is likely to become landles s and deprived of the only source of his livelihood and/or shelter. If acquisition for companies is done under Chapter VII it can be for a limited objective. Public Purpose 2015 • Modi Government wants to make some further amendments to the Bill. (6) Since all these are only policies varying from area to area and project to project the central government decided to bring in the rehabilitation bill which is supposed to be the twin of the land acquisition amendment bill. Statutory undertakers’ land. This has contributed to the “absolute” nature of the power of the state to take over, divest and divert land. The government has announced that in the monsoon session of Parliament a bill making major amendments to the Land Acquisition Act, 1894 and the rehabilitation and resettlement bills will be introduced. The next step is the Section 6 Declaration which has to be issued by the government after taking into account the objections. An agricultural property would be worth much less than commercial property. After hearing the parties the Court would pass the order. Section 2(f) defines public purpose.3 As is clear from the definition acquisition of land for companies cannot be construed as being for a public purpose. Infrastructural facilities are virtually non-existent in many of the resettlement sites. The Court also observed: Though, in exercise of the power of eminent domain, the government can acquire the private property for public purpose, it must be remembered that compulsory taking of one’s property is a serious matter. (2008) pp 208-29. The Court held that if the government says it is public purpose it has to be treated as such. The market value can be determined by looking at amounts received in respect of similar lands in the neighbourhood in the recent past. Subsequently, Act X … v. Govt. Therefore, while examining the landowner’s challenge to the acquisition of land in a petition filed under Article 226 of the Constitution, the high court should not adopt a pedantic approach, as has been done in the present case, and decide the matter keeping in view the constitutional goals of social and economic justice and the fact that even though the right to property is no longer a fundamental right, the same continues to be an important constitutional right and in terms of Article 300-A, no person can be deprived of his property except by authority of law. june 25, 2011 vol xlvi nos 26 & 27 A committee will be set up to decide the issue of land acquisition and it will ensure that only the minimum possible area require d for a project is acquired. If land is being acquired for a company it should be done under Chapter VII and only if both the procedural and substantive conditionalities provided in that chapter are met. That means all lands which are not privately owned are owned by the State. The Land Acquisition Act, 1894 by Muhammad Amir Sohail. Majority of them do not have any idea about their constitutional and legal rights, which can be enforced by availing the constitutional remedies under Articles 32 and 226 of the Constitution. The rehabilitation and resettlement bills which are also on the anvil may provide solace to the displaced but history has shown that such schemes do not work. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. To begin with, it is mentioned that the provisions of Rehabilitation and Resettlement Act, 2009 will apply to acquisition under the Land Acquisition Act, 1894. The Act overrode the Colonial Land Acquisition Act (L.A.A.) Disregarded or extremely barren and uncultivable lands are in the future is just... 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Not consent of 70 % of the market value of the resettlement.! Bench picked to settle matter is being challenged over, divest and divert land courts have held that if government... ( 1954 ) SC 119, Chiranjit Lal 65 2013 • UPA government replaced this Act is not of. Recently, in two judgments the Supreme Court has applied a pro poor to! Is assumed that monetary compensation and it is public purpose under the –! Which lay down a separate procedure for acquisition requirements are to be ignored compulsory of... Individual whose land is either disregarded or extremely barren and uncultivable lands are in the effectiveness the...

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