Land acquisition and rehabilitation and resettlement

INDR forced displacement specialists completed the first of a series of three international meetings to consider a new evidence-based, forced displacement standard for forced displacement and resettlement. Contact INDR19 for details. Specifically, the notes omit or fail to provide guidance regarding certain core elements of the ESS5 that are key to achieving borrower compliance with the requirements and, therefore, satisfactory involuntary resettlement. Moreover, operational guidance on classifying, managing, monitoring and evaluation for involuntary resettlement risks and outcomes specifically could be strengthened significantly to address the priorities highlighted in the overall Environmental and Social Framework.

Land acquisition and rehabilitation and resettlement

Issues[ edit ] Some of the important issues surrounding the Land Acquisition are discussed below. Eminent Domain[ edit ] The power to take property from the individual is rooted in the idea of eminent domain.

The doctrine of eminent domain states, the sovereign can do anything, if the act of sovereign involves public interest. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt.

Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be deprived of his property save by authority of law. The Forty-Fourth Amendment of deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article A, which provided that "no person shall be deprived of his property save by authority of law" Constitution 44th Amendment, w.

State must pay compensation at the market value for such land, building or structure acquired Inserted by Constitution, Seventeenth Amendment Act,the same can be found in the earlier rulings when property right was a fundamental right such as AIRSCRwhich propounded that the word "Compensation" deployed in Article 31 2 implied full compensation, that is the market value of the property at the time of the acquisition.

The Legislature must "ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of". Chandrabhan Tale on 7 July that the fundamental right to property has been abolished because of its incompatibility with the goals of "justice" social, economic and political and "equality of status and of opportunity" and with the establishment of "a socialist democratic republic, as contemplated by the Constitution.

There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wake the vestiges of the doctrine of Laissez Faire and create, in the name of efficiency, a new oligarchy.

Training programmes on 'Social Impact Assessment, Resettlement and Rehabilitation' | TERI

The concept of efficiency has been introduced by Justice Reddy, O Chinnappa, coupled with the condition of infallibility Dey Biswasfootnote. Mathew, justice of KesavanandaBharati vs State of Kerala cited in [14] stated this precisely: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, The Act focuses on providing not only compensation to the land owners, but also extend rehabilitation and resettlement benefits to livelihood looser from the land, which shall be in addition to the minimum compensation.

The minimum compensation to be paid to the land owners is based on a multiple of market value and other factors laid down in the Act.

Land acquisition and rehabilitation and resettlement

The Act forbids or regulates land acquisition when such acquisition would include multi-crop irrigated area. The Act also introduced changes in the land acquisition process, including a compulsory social-impact study, which need to be conducted before an acquisition is made.

For context purposes, this may be compared with land prices elsewhere in the world: This wage rate in rural India study included the following agricultural operations common in India: The compensation for the acquired land is based on the value of the agricultural land, however price increases have been ignored.

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The land value would increase many times, which the current buyer would not benefit from. Also it is mostly judiciary who has awarded higher compensation then bureaucracy Singh Delayed projects[ edit ] Delayed projects due to mass unrest have caused a damaging effect to the growth and development of companies and the economy as a whole.

Earlier states like MaharashtraTamil NaduKarnatakaand Andhra Pradesh had been an attractive place for investors, but the present day revolts have shown that land acquisition in some states pose problems. The empirical and theoretical studies on displacement through the acquisition of land by the government for development projects have so far focussed on the direct and immediate adverse consequences of land acquisition.

These eight risks are very much direct and basic in nature which are i landlessness, ii joblessness, iii marginalization, iv loss of access to common property resources, v increased morbidity and mortality, vi food insecurity, vii homelessness and viii social disarticulation [25].

But apart from these direct and immediate effects of land acquisition there are more subtle and indirect effects of this coercive and centralized legal procedure, which have a bearing on various decentralised and participatory democratic processes, and institutions of the state power.

Land reforms and the Panchayati raj institutions are the two most important areas, which are being vitiated by land acquisition. The peasant resistances against governmental land expropriation in Singur a place in the Hoogly district and Nandigram a place in the East Medinipur district has finally led to the fall of the communist party Marxist led government in West Bengal, which ruled the state through democratic election for 34 years.

With this law, the West Bengal government has reacquired about acres of farmland from the Tatas which wasgiven to the company for building a small-car manufacturing factory in by the then Left Front government.5. Business Rules of the department: (A) Revenue. 1. All matters pertaining to Land Revenue and its administration including its assessment, collection and accounts, remission, collection of rents etc.

and audit. Contact for FREE Trial. Profession / Organisation*. The Land Acquisition, Rehabilitation and Resettlement Bill, stipulates mandatory consent of minimum 70 percent for the acquisition of land for the Public Private Partnership (PPP) projects, as well as 80 percent for the acquisition of land for the private companies.

Land acquisition, Rehabilitation, Resettlement Act

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, (also Land Acquisition Act, ) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in .

ANNEXURE EXTRACTS FROM THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT A CT, (30 OF ) 2. (1) The provisions of this Act relating to land acquisition, compensation, rehabilitationand resettlement, shall apply, when the appropriate Government acquires land .

Joint hearing public Grievances by the District Administration Jagatsinghpur for the month of Oct,Nov & Dec; Declaration U/S 19(1) of Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, in respect of 3 villages katakulla,kathada and koldia under kujang tahasil,Jagatsinghpur.

Tds on compulsory acquisition of rural agricultural land - Income Tax Forum