What is the land acquisition act 1894 in India?
The Land Acquisition Act of 1894 was a legislation in India that provided the legal framework for the government to acquire private land for public purposes. This law outlined the procedures and rules for the acquisition of land, compensation to be paid to landowners, and related matters. However, it was an outdated law and faced criticism for not adequately addressing concerns related to fair compensation and rehabilitation of affected people.
Key points of the Land Acquisition Act, 1894, included:
- Public Purpose: Land could be acquired for projects deemed to be in the public interest, such as the construction of roads, railways, schools, or other infrastructure projects.
- Notification: The government was required to issue a public notice to announce its intention to acquire land. The notice was to specify the purpose of acquisition and invite objections from affected parties.
- Hearing Objections: The affected landowners had the right to raise objections to the proposed acquisition. A hearing process was conducted to consider these objections.
- Award of Compensation: Once the land was acquired, compensation was to be awarded to the landowners. The amount was determined based on factors such as the market value of the land, its potential use, and other relevant considerations.
- Process for Taking Possession: The law outlined the process for the government to take possession of the acquired land after compensation had been awarded.
The Land Acquisition Act of 1894 underwent several amendments over the years. However, due to concerns regarding inadequate compensation and insufficient safeguards for landowners and affected communities, a new legislation called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act) was enacted in 2013. This new law aimed to address some of the shortcomings of the Land Acquisition Act of 1894 by incorporating provisions for fair compensation, rehabilitation, and resettlement of those affected by land acquisition.
The LARR Act, 2013, repealed the Land Acquisition Act of 1894, and it currently serves as the primary legislation governing land acquisition in India.