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.

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.

Taking Community Seriously: Lessons from the Israeli Disengagement Plan

2014 ◽  
Vol 47 (1) ◽  
pp. 149-171
Author(s):  
Shai Stern
Keyword(s):  
Private Property ◽  
Market Value ◽  
Eminent Domain ◽  
Similar Formula ◽  
Property Owner ◽  
Residential Communities ◽  
Property Owners ◽  
The Subject ◽  
The Right

Eminent domain, or the expropriation of private property, is among the most controversial of legal arrangements. The challenges and threats that it poses to private property make it the subject of debate and dispute. Surprisingly, however, most Western jurisdictions embrace a similar formula to address expropriation, both in terms of the purposes that justify such action and the compensation that should be awarded to property owners.This article challenges the prevailing eminent domain formula, according to which, regardless of the circumstances of the expropriation, compensation to the property owner is determined by reference to the market value of the property. By exploring the case of Israel's 2005 disengagement plan, as a result of which 21 residential communities were uprooted by expropriation, this article argues that loss of communality should be taken into account in expropriations that uproot entire communities. However, in order for the legal arrangement to be efficient, fair and, of no less importance, to reflect the values embodied in the right to property, it should be constituted within a normative infrastructure that takes into account the values that the society wishes to endorse, and the inner meaning of these values.

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.

Pricing to market: property valuation methods – a practical review

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Laura Gabrielli ◽  
Nick French
Keyword(s):  
Specific Property ◽  
Market Value ◽  
Content Type ◽  
Valuation Methods ◽  
Property Valuation ◽  
Valuation Method ◽  
Valuation Process ◽  
Valuation Task ◽  
The Right

PurposeValuation is the process of determining Market Value. Property valuation, as with the valuation of all assets, is an estimation of price in the market. It is value in exchange. The valuer role is to determine the appropriate approach, the method and use the right model to achieve this aim as best as possible. It is a combination of analysing the market and determining the critical variables for the valuation method/model. The method is separate from the valuation process which should be followed (according to the International Valuation Standards Council Valuation Standards) regardless the valuation method chosen. There are valuation approaches, valuation methods and, as a subset of the methods, techniques or models.Design/methodology/approachThis practice briefing is an overview of the Valuation Methods and Models available to the valuer and comments on the appropriateness of valuation each in assessing Market Value for specific property types.FindingsThis briefing is a review of the valuation methods and models and models that can be applied to determine market value.Practical implicationsThe role of the valuer in practice is to identify the method of valuation and then apply the correct mathematical model for the valuation task in hand.Originality/valueThis provides guidance on how valuations can be presented to the client in accordance with the International Valuation Standards.

scholarly journals Rights or Benefits? The Indian Supreme Court and Criminal Procedure

2019 ◽  
Vol 6 (1) ◽  
pp. 12-20
Author(s):  
Abhinav Sekhri
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Criminal Procedure ◽  
Criminal Process ◽  
The Supreme Court ◽  
Scant Attention ◽  
Indian Law ◽  
Indian Supreme Court ◽  
The Right ◽  
Procedural Rights

This article suggests that the recent decisions by the Indian Supreme Court in Mohan Lal v. State of Punjab, and Varinder Kumar v. State of H.P., are perhaps indicative of a more pervasive trend that stretches back to the dawn of the due process era in Indian law. This trend is one where the Supreme Court is confronted with systemic issues in the criminal process while dealing with petitions brought by singularly oppressed litigants, and it treats the litigation itself as a means to solve the perceived problem. The tool to solve these problem in the criminal process is the creation of new criminal procedure rights through the vehicle of Article 21. In its reformist zeal, scant attention is paid to the several important questions of scope and consequential remedy that are inherent to any notion of rights. Over time though, the Court seems to realise that hard cases make bad law. And when cases involving seemingly undeserving litigants start invoking those procedural rights, the Court signals a retreat and transforms the ‘right’ into a ‘benefit’, that it can dole out in only the most deserving cases. This is not a definitive study, but only offers a different perspective to examine the Supreme Court’s contribution to the field of criminal procedure.

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.

scholarly journals Determinants of Redistributive Politics: An Empirical Analysis of Land Reforms in West Bengal, India

2010 ◽  
Vol 100 (4) ◽  
pp. 1572-1600 ◽  
Author(s):  
Pranab Bardhan ◽  
Dilip Mookherjee
Keyword(s):  
Land Reform ◽  
Local Governments ◽  
West Bengal ◽  
Land Reforms ◽  
Reform Implementation ◽  
Political Determinants ◽  
Indian State ◽  
The Right ◽  
Lack Of Commitment ◽  
Left Front

We investigate political determinants of land reform implementation in the Indian state of West Bengal. Using a village panel spanning 1974–1998, we do not find evidence supporting the hypothesis that land reforms were positively and monotonically related to control of local governments by a Left Front coalition vis-à-vis the right-centrist Congress party, combined with lack of commitment to policy platforms. Instead, the evidence is consistent with a quasi-Downsian theory stressing the role of opportunism (reelection concerns) and electoral competition.(JEL D72, O13, O17, Q15)

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.

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