In free india, on demand of the people in west bengal, the west bengal estates acquisition act, 1953 was enacted. 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. Resettlement bill, 20 receives the assent of the president. Land acquisition law challenged in court the hindu. 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. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 2 b. 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. West bengal is the thirteenthlargest indian state, with an area of 88,752 km 2 34,267 sq mi. 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.
None of the intermediaries and the raiyats or underraiyat could hold land in excess of the. An act to amend the law for the acquisition of land for public purposes and for companies. Larr bill in parliament sets compensation at an arbitrary. 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. Acquisition, rehabilitation and resettlement act, 20 larr to do. 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. Part of the ethnolinguistic bengal region of the indian subcontinent, it borders bangladesh in the east. 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.
Singur act pdf this paper reports results of a household survey in singur, west bengal. 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. Files petitions filed under section 61 of the right to information. An act to provide for the requisition and speedy acquisition of land for certain purposes. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20. 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. 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.
While agricultural land following acquisition now lies. By the enactment of this act, the rights and interests of the intermediaries got vested to the state w. Land acquisition rehabilitation and resettlement bill 20. West bengal act x of 1956 the west bengal land reforms act, 1955. 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. This act may be called the land acquisition act, 1894. 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. 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. With regard to land, west bengal is different from other indian states in many ways. 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. West bengal act i of 19541 west bengal judicial academy. 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. 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. 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.
Transparency in land acquisition, rehabilitation and resettlement act, 20. Recently on april 20, the centre for studies in social science, calcutta, organised a oneday workshop on the topic. From land reform to land acquisition in west bengal. Sasec road connectivity investment program tranche 2. 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. Acquisition act is currently pending in the national parliament, while different states. 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.
Sc notice in challenge to 65yearold land acquisition. Pdf status of environment in west bengal special feature. In section 9, after subsection 3, insert the following subsections, namely. The aim of the bill is providing fair compensation to people whose land has been taken away for setting up the buildings or factories. Further, section 3 of the west bengal rural employment and production wbrep act, 1976 provides for levy and collection of a surcharge68. West bengal act i of 19541 the west bengal estates acquisition act, 19532. The whole document can be downloaded also from the link given below. The eac made these directives while according conditional nod to the telangana rashtra samithi trs governments. 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. None of the intermediaries and the raiyats or underraiyat could hold land in. The challenges before the right to fair compensation and.
Gujarats new land acquisition bill approved by president. West bengal land requisition and acquisition act, 1948 complete act bare 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. 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. 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. With over 91 million inhabitants as of 2011, it is indias fourthmost populous state. 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. With regard to land, west bengal is different from other. Land use and land acquisition laws in india icrier. The recent opposition against the land acquisition in. Jan 08, 2019 the law also brings transparency in the process of land acquisition and lays down measures for rehabilitation of those displaced.
Right to fair compensation and transparency in land acquisition. West bengal, was that the corporates choose the fertile land. Land acquisition and industrialisation in west bengal. Larr act, 20, is the current law of the land on land acquisition.
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. Further, section 3 of the west bengal rural employment and production wbrep act, 1976 provides for. 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. The act overrode the colonial land acquisition act l. State policy and agrarian challenges dilip mookherjee boston university igc bihar conference, patna july 21, 20 d. Examination of proposals for land acquisition and social impact assessment.
Resettlement act rfctlarr, 20 with its provisions of consent, public consultation. Same as that under calcutta and howrah improvement under west bengal. Sawhney 2003 worked on punjab reforms that can be listed to. Land acquisition issues isid institute for studies in. Land acquisition, rehabilitation and resettlement act legislative. 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. 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. Status of environment in west bengal special feature. Contains all enforced central and state acts linked with subordinate data like. The right to fair compensation and transparency in land acquisition, rehabilitation. 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. The land acquisition drive of the left front government for promoting industries is at present the most controversial public issue in west bengal. Land acquisition resettlement and rehabilitation bill what happened to the land acquisition law.
R was passed by the parliament on 5th september 20 and came into force on january 2014. 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. 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. Till 20, land acquisition in india was governed by land acquisition act of 1894. The right to fair compensation and transparency in land. Moreover, the government continues to rely on the land acquisition act enacted by an earlier colonial regime for such purposes. An act to amend the land acquisition act, 1894, in its application to west bengal. Pdf land acquisition in a west bengal district researchgate. 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. Bengal regulation i of 1824 and culminating in the land. Acquisition, rehabilitation and resettlement act, 20. 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. Constitutional validity of land acquisition in india.
The constitution assures that no person shall be deprived of his property saved by the authority of law32. This amendment removed article 31 and replaced it under article 300a. The proceeding under the land acquisition collector is of an administrative nature and not of a judicial or quasi judicial character. 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 west bengal land reforms act, 1955 laws of india. The right to property became a constitutional right after the fortyforth constitution amendment act 1978. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement amendment bill, 2015 3 c. 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. In 20, parliament passed the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act. West bengal land requisition and acquisition act 1948. General system of financial management and control. The land acquisition act, 1894 west bengal judicial academy. A land in question was vested to state under wbea act in 1982.
The law also brings transparency in the process of land acquisition and lays down measures for rehabilitation of those displaced. 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. 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.
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. 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. 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. Guidelines for interdepartmental transfer of land followed by west bengal government 5. Jan 08, 2019 west bengal financial rules is divided into twelve chapters which covers the following in detail. 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. On 31 december 20, the president of india promulgated an ordinance with an official mandate to meet the twin objectives of farmer welfare. Aim of the land acquisition, rehabilitation and resettlement bill, 20. Contribution to this fund entitles you to claim 100% deduction under section 80g of the income tax act.
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