Commentary on The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by Beverley (Set of 2 Vols.) – 10th Edition 2024

Description

The expression “Land Acquisition” in the literal sense means acquiring of land for some public purpose by government, government agency as authorized by the law, from the individual land owner(s) after paying a fixed compensation as fixed by the government in lieu of losses incurred by the land holder(s) due to acquisition of land by the government agency.

After Independence the “The Land Acquisition Act, 1894” was adopted by the Government as a tool for Land Acquisition, The Constitution of India provided for the right to property under Articles 19 and 31. In addition both the State and Central Government were empowered for requisition of property in accordance with the powers enshrine under Schedule VII, Entry 42, List III of the Constitution. However, the 44th Constitution Amendment Act of 1978 changed the picture. The right to property is no longer a fundamental right, though it is still a constitutional right.

The liberalization of the economy and the Government’s initiative to set up special economic zones have led to many protest by farmers and opened up a debate on the reinstatement of the fundamental right to property.

Keeping this scenario in view the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was enacted which repealed the Land Acquisition Act of 1894.

The New Act of 2013 as per its preamble has been enacted to ensure, in consultation with institution of local self Government and Gram Sabhas established under the Constitution a humane, participative, informed and transparent process for land acquisition for the object of industrialization and development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for the rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status.

The book in hand now in its Tenth Edition has been rewritten and makes attempt to encompass the features of the new legislation keeping the repealed Act in the background. It has been divided into two volumes. Volume I covers commentary from Section 1 to 63 while Volume II covers Section 64 to Section 114 and the Schedules. It also covers the rules framed by the Central Government and the State Governments, Policies and Allied Acts to make it a legal treatise on the subjectThe utility of the book is further enhanced by providing synopsis under each section complete with up-to- date case law. A comparative chart and exhaustive Table of Cases and Subject Index annexed in each volume improve the utility of the book.

An added feature which has been developed and given in the book is the Table of “TIME FRAMES” provided for various aspects in accordance with the provisions the Act which is non-existent in the books on the subject currently available in the market.

The commentary being pragmatic and practical in approach is being presented to the esteemed readers with the hope that it will be welcomed and well received by those for whom it is written, such as lawyers, Government authorities, companies and land owners as it has been endeavored to make the book up-to-date, informative, valuable, time-saving and complete in all aspects.