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Supreme Court upholds 2018 order on land acquisition
Why in news?
- 5-judge SC Constitution Bench recently held that land acquisition proceedings under 1894 Act will not be deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), if the authorities have tendered the compensation by deposit in the Treasury.
More in news
- More in the Judgement:
(1) It held that landowners, who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act.
(2) Section 24 (2) concerns with land acquisition compensation awards made five years “prior or more” to the coming of existence of the 2013 Act, which replaced the 1894 law.
(3) RFCTLARR Act, 2013 mentioned that, if the physical possession has not been taken “or” the compensation is not paid, the acquisition proceeding is “deemed to have lapsed”.
(4) would have to initiate fresh acquisition proceedings under the new Act, which provides for fair compensation.
(5) There was no obligation that the amount should be deposited in the court in order to sustain the land acquisition proceedings under the 2013 Act.
(6) Further, the court held that a land acquisition proceeding under Section 24(2) would only lapse if the authorities have neither taken physical possession nor paid the compensation due to the landowner for five or more years prior to January 1, 2014.
(7) For this, an “or” in the Section was “interpreted” as an “and”.
- About RFCTLARR Act, 2013: It regulates land acquisition & lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India.
- The Act is applicable when Govt. acquires land:
(1) For its own use, hold and control, including land for Public sector undertakings, for immediate & declared use by private companies for public purpose, with ultimate purpose to transfer it for the use of private companies for stated public purpose.
(2) Purpose of LARR 2011 includes PPP projects, but excludes land acquired for state/national highways.
(3) The provisions of the Act does not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989.
Sources
The Hindu