TA I The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 IN THE COURSE OF JURISPRUDENCE SUBMIITED TO: NIRMA UNIVERSITY INSTITUTE OF LAW SEMESTER VI UNDER THE GUIDANCE OF Ms. Rejitha Nair Ass. Professor ILNU SUBMITTED BY: Dikshal Khatri 11BBL049 B.Com. LL.B. (Hons.) Background: The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an act passed by Indian Government in 2013. It was passed for the purpose of fair compensation in case of land acquisition, as well as transparency in rehabilitation and resettlement. This act has replaced the previous land acquisition act of 1894. This act was …show more content…
Second objective is to ensure and make such arrangements that the land owners whose land is to be acquired are getting just and fair compensation taking into consideration all the economic and social circumstances. And to ensure proper process and guideline for the same. When a land is acquired apart from land owners some other families which are directly or indirectly dependent on that land also suffer. Third major objective which was not in old land acquisition act is rehabilitation and resettlement of the affected land owners and families. The first objective somehow incorporates economic approach of jurisprudence. And other two objectives tend to incorporate sociological school of jurisprudence. The jurisprudence of the act will be discussed in further part of this write up. Some important highlights of New Land Acquisition Act:7 New Land Acquisition Act gives a wider and clearer explanation of the purpose for which land can be acquired as compared to previous act. It also elaborates which industrial projects this act covers. (Section 1 and
Law reform in relation to Native Title has developed and become testament to the growing justice for the ATSI community, however effective mean and complete justice is yet to be achieved. From the changing values and attitudes of society, alongside conditions of social change and new concepts of justice- ATSI justice is being implemented, with law reform. With seminal cases alike Mabo and Wik, legislation has been delegated and changed accordingly; with the recognition of Native title - finally succeeding in overturning the “terra nullius” doctrine, which for centuries has damaged and hurt the ATSI peoples. Despite this, with the Wik decision and largely the 10 point plan, it sought to pour "bucket-loads of extinguishment" upon Native Title
- land administered under the Act to be managed for the benefit of the people of Queensland by having regard to seven principles including: sustainability, evaluation, development, community purpose, protection, consultation and administration
The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which
In the nineteenth century, problems arose when railroad companies wanted to have the right of way in constructing the railroad. The railroad would run through Native American land. There were “partial allotments of 160-acre parcels of land to some individual Navajos” and “the reacquisition of some sections of land by the federal government as public domain land”
People had badly mistreated American-Indians in the period of the 1800s. When it came to the dilemma of who gets the land of whom. In this specific case of "The Indian Removal Act'' it authorized the president to grant unsettled lands west of the Mississippi in exchange for Indian lands within existing state borders. This was also an Act to
The landowner is allowed to receive “just compensation” for their property, meaning the landowner is paid for the taking of their real
Another challenge to land ownership was the Tent Embassy on the parliament house lawns. This constant public pressure caused the government to express interest in giving land rights to Aboriginals. This was completed with Justice Woodward’s report in 1974 that recommended that Aboriginal reserves are to be returned to Aboriginal ownership, that Aboriginals had claim to vacant land if they could prove ties with the land, that Aboriginal sacred sites were protected. This was great as it gave power to the Aboriginals. It did however also mean that if they had sacred land that was already owned if not even used would not be returned to them. This was passed in 1976 when the Aboriginal Land Rights Act was passed. Later in 1981 the Northern Territory government opposes land rights and attempts to amend the land rights act to stop claims of owned stations and property.
Here, the Court ruled no Indigenous land use agreement (ILUA) – a form of native title granting – existed, because presently standing ILUAs were found to be invalid should a member of the agreement be incapacitated or deceased . This recent decision affects legislation passed to protect native title claims under the Native Title Act 1993 Cth, with changes being made to the Act explained as to “resolve uncertainty created by [the McGlade decision] regarding area Indigenous Land Use Agreements”5. Effectively, the amendments indicate previously standing legislation protecting Indigenous land rights will be void, with the necessity of the having all agreement members sign the deed. The reality is, for many old and new native title claims, some Indigenous Peoples may have passed on and will not be able to complete the agreement to the required legal standard, rendering their claims invalid. With the Native Title Act 1993 Cth being amended to these new rulings, it becomes evident that in practice, supposed legislative protection of native title rights do not actually take
Compensation must be provided to the person whose property is being bought. Each country should work to set a standard for what is a fair market price,
It is strange how they come up with these laws to compensate you after they have taken your land. This is where we come to the development of the property law. How did the protection of your private property come about? Protection and content are given to the ownership of property by custom or law. The type of property law in a society may be taken as an index of its social and economic system. Even though there is a difference between realty and personality. Realty is chiefly land and improvements built thereon. Sometimes it is loosely
Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.
The Aboriginal Land Rights (Northern Territory) Act in 1976 established a basic on which to build upon for Aboriginal peoples, for the first time, they have the to right to claim land based on their traditional culture. The Aboriginal Land Rights (Northern Territory) Act was the first attempt by any Australian Government to legalize the Aboriginal systems and land ownership. This Act allowed for Aboriginal peoples to practice their traditional ways, which had not been allowed since the white settlers had come to Australia and taken away that right over 200 years ago. The land that is granted to the Aboriginal people cannot be bought, acquired, mortgaged or ‘compulsory acquired’ by the government.
Each influence that is involved is carefully managed by a successful effective land use planner. Each of these resources involved in the decision in the land use must all come to an agreement in order to achieve their final goal. Because each involvement has a different objective the land use planner will take into account how much each stakeholder is affected and derive a plan. The plan will then be taken to the stakeholders such as the government stakeholders, market stakeholders and the the near by people with interest such as neighbours. Each stake holder will then compete to influence the planners final decision on the land use. Of course there are rules that are followed throughout the process by the land use planner. These rules are what the planner abides by and also influences what processes the stake holders take to derive their final decision on what they would like done with the land. This then shows that the planning has a major impact over the decision of what the land is used for. Land use through the discussions is then developed to limit the development that can take place. Throughout these discussions
The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.
The government's move to acquire fertile agriculture lands for industry has agitated the farmers who are dependent on the lands for livelihood. Ever since the notification regarding the acquisition was published by the state revenue department on December 4 2008, the farmers to be affected have been holding meetings in Haripura, Charal, Bol and Siyawada villages and have decided to launch an agitation against the acquisition of their lands. However Government declared that it was not taking for free and the price of the land at Rs 1,200 per square