The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - An Unattainable Utopia?

2018 ◽  
Author(s):  
Vrinda Bhardwaj
Keyword(s):  
Land Acquisition ◽  
Fair Compensation ◽  
The Right

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

The Nexus between Sovereignty and ‘Eminent Domain’ under the Land Acquisition Act, 1894, and the Land Act, 2013

Social Change ◽  
2018 ◽  
Vol 48 (2) ◽  
pp. 173-187
Author(s):  
Meenakshi Gogoi
Keyword(s):  
Eminent Domain ◽  
The State ◽  
Land Acquisition ◽  
Sovereign Power ◽  
Public Purpose ◽  
Land Acquisitions ◽  
The People ◽  
Indian State ◽  
Fair Compensation ◽  
The Right

The Indian state has used the colonial Land Acquisition Act (LAA), 1894, for acquiring land even without the consent of the people in the name of ‘public purpose’ and on payment of compensation, until it got repealed by a new act, the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013. The LAA, 1894 is an expression of the notion of ‘eminent domain’ and draws its sustenance from the sovereignty of the state. The understanding of sovereignty and to what extent the sovereign power of the state can use the concept of ‘eminent domain’ in the context of land acquisition remains a contentious issue. This article attempts to examine the notion of sovereignty and use of ‘eminent domain’ in the context of land acquisition in India. How does the inter-relationship between sovereignty and ‘eminent domain’ be understood according to the LAA, 1894 and the Land Act, 2013 has been discussed.

The Right to Fair Compensation under “The Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013”

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr Anurag Kumar Srivastava
Keyword(s):  
Supreme Court ◽  
Private Property ◽  
West Bengal ◽  
Market Value ◽  
Land Acquisition ◽  
Land Reforms ◽  
Valuation Method ◽  
Fair Compensation ◽  
Indian Supreme Court ◽  
The Right

This paper is mainly focused on compensation and its protection under Indian Constitution, judicial approach and development of concept of compensation, relevant principles of compensation mean general rules whose application enables us to determine the market value. The problem of valuation and determination of present market value in relation to lands and buildings under laws relating to Land Acquisition. Cases decided by the the Supreme Court in Bela Banerjee v. State of West Bengal 2 and State of West Bengal v. Subodh Gopal Bose 3 is deeply analyzed to test the law providing for acquisition or extension of interest of private owners in properties. It is observed that the power of the sovereign to take private property for public use and the consequent rights of the owner to compensation are well established. In justification of the power, two maxims are often cited Salus Populi est Supreme lex (regard for the public welfare is the highest law) and Necessities Public a major est quam Privata (Public necessity is greater than private necessity). The Land Acquisition Act seems to be very special as much legislations are based on it; facilitating awaited industrialization, giving a solution to unemployment4, widening the divide between urban and rural5, threatening environment and propagating disguised unemployment6etc. The tops-turvy journey of Indian Supreme Court has been swaying in between the idea of ‘Social Justice’, ‘Distributive Justice’, land reforms and Zamindari abolition by compensatory acquisition of land. But in doing so the achievement of Indian Supreme Court has that one size fit all type of computation formula for calculation of compensation cannot be applied to each and every case. The Judiciary has discussed all pros and cons of various types of valuation method. However due to variety of properties and allied attachments, one type cannot be applied to each case uniformly.

scholarly journals STATUTE NOTE

2001 ◽  
Vol 45 (2) ◽  
pp. 227-229 ◽  
Author(s):  
Simon Coldham
Keyword(s):  
Land Reform ◽  
Land Policy ◽  
Land Acquisition ◽  
Political Agenda ◽  
The Political ◽  
International Pressure ◽  
Fair Compensation ◽  
The Government ◽  
The Right ◽  
Statutory Basis

LAND ACQUISITION AMENDMENT ACT, 2000 (ZIMBABWE)Since Zimbabwe became independent in 1980 the issue of land reform and, in particular, the issue of land acquisition and redistribution has seldom been off the political agenda. For the first ten years of independence there were constitutional constraints on the acquisition of land for resettlement purposes, but the National Land Policy of 1990 set out plans for an accelerated programme of resettlement. In order to achieve its ambitious targets the government of Zimbabwe saw the need to strengthen its powers of compulsory acquisition both by amending section 16 of the Constitution (which provided strong protection against the compulsory acquisition of property) and by enacting the Land Acquisition Act to provide a statutory basis for the new policy. These reforms were extremely controversial both inside and outside the country and a clause excluding the right to fair compensation for expropriated land was dropped partly in response to international pressure.

Towards a Market for Land in India

2019 ◽  
pp. 233-249
Author(s):  
Subhomoy Bhattacharjee
Keyword(s):  
Land Acquisition ◽  
Government Agencies ◽  
National Market ◽  
Fair Compensation ◽  
The Government ◽  
The Right ◽  
The Cost ◽  
Preferential Access

Years after the Government of India (GOI) has notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 there is still uncertainty on how land should be acquired. India still has no national market for land. The absence of such a market makes it difficult to set an efficient and transparent price for land. Its absence makes those who have the smallest parcels of it more vulnerable as the cost of inefficiency are borne by them disproportionately reducing the welfare outcomes for the economy. Also government agencies hold the largest block of land in the country, not as a sovereign entity but as a business entity. These abundant holdings create incentive for interested parties to game the system to get preferential access to those land parcels, instead of buying the same at a discovered price from the market. Thus, the policy of non-market-based allocation of land breeds corruption.

Rehabilitation Myths? How Transaction Costs Reduce Farmer Welfare After Land Acquisition

2017 ◽  
Vol 12 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Vikram Patil ◽  
Ranjan Ghosh
Keyword(s):  
Transaction Costs ◽  
Transaction Cost ◽  
Investment Decisions ◽  
Land Acquisition ◽  
Preliminary Assessment ◽  
Land Owners ◽  
Monetary Compensation ◽  
Ex Post ◽  
Fair Compensation ◽  
The Right

In this article, we show how transaction costs lead to farmer marginalization as displaced farmers embark on the process of acquiring new land. Existing studies have focused on the links between monetary compensation and landowners’ investment decisions, but before new land is acquired. However, the post-displacement scenario and the investment decisions of land owners to restore income have not been carefully examined. We use a transaction cost framework to suggest that local specificities related to land characteristics, uncertainties in search for alternatives and information constraints may impose high non-monetary costs on displaced farmers and force them to settle for inferior new land. The article concludes with a preliminary assessment of whether the newly enacted land acquisition framework, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act 2013, promises to minimize these ex-post transaction costs that farmers face.

Article 17 CFR

2019 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Public Interest ◽  
Good Time ◽  
General Interest ◽  
The Public ◽  
Fair Compensation ◽  
The Right

Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

Land Acquisition and “Fair Compensation” of the “Project Affected”

2017 ◽  
Author(s):  
Malabika Pal
Keyword(s):  
Natural Resources ◽  
Cultural Practices ◽  
Governance Structure ◽  
Land Acquisition ◽  
Community Rights ◽  
Tribal Communities ◽  
Neoliberal Governance ◽  
Indian State ◽  
Fair Compensation ◽  
Forest Lands

Since the mid-1980s, the Indian state has enacted a series of radical legislations granting administrative autonomy to tribal communities (adivasis) and recognizing their community rights over natural resources. The adivasis, who are intimately connected to forest lands for their subsistence and through cultural practices, have long resisted encroachment of these resources by capital and by the state acting on capital’s behalf. These legislations are celebrated as a victory for constraining capital to access natural resources at its will. This chapter argues, however, that such politico-juridical interventions also points to the emergence of a more protean neoliberal governance structure. As commodified adivasi land refuses to be encompassed by the logic of market—the neoliberal order may seek to instrumentally use these legislations to clearly define property rights over resources, which can then form the basis of negotiations with the adivasi communities over land for the benefit of capital.

Agrarian Crisis and Accumulation in Rural India

2017 ◽  
Author(s):  
Arindam Banerjee
Keyword(s):  
Economic Restructuring ◽  
Land Acquisition ◽  
New Right ◽  
Contentious Issue ◽  
Land Acquisitions ◽  
Long Run ◽  
Fair Compensation ◽  
Agrarian Crisis ◽  
Law Making

This chapter focuses on the contentious issue of state-led land transfers and the role of law in mediating between corporate interests and the demands of groups dispossessed by “forcible” land acquisitions. Arguing, with Gramsci, that an important function of law-making is to participate in the organization of consent, the authors suggest that law-making in the context of land transfers in India aims to arrive at compromise equilibria between the interests of dominant and subaltern groups. From this position, the chapter scrutinizes the dialectic between grassroots-based “law-struggles” against dispossession and government law-making regulating land transfers, which eventually gave rise to the new Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Bill. While the authors acknowledge the progressive measures contained in the act, they also suggest that it may nonetheless, in the long run, facilitate the process of neoliberal social and economic restructuring in India.

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