Introduction:
The
Land Acquisition Act, 1894 conveys full right
to the Government of India to acquire any land needed for public
usage. Compensation is also determined on account of acquisition.
The Government can acquire land for any of the following purposes:
- For carrying out planned developments to make roads, canals, govt. offices, military camps, rural planning.
- To provide facilities for residential purpose to poor people.
- For carrying out any education, housing or health scheme
run by the Government.
The Land Acquisition Act of 1894 was enacted by the British Government to acquire land for public purpose and is thus a British legacy. However, enactment of such an Act in India hinders the speedy acquisition of land.
It is not that Government always acquires lands for the above said purposes. At times, de-notification is issued under certain circumstances, including:
- Where land which has not been taken by the Government
- If any religious structure is existing on land already.
- If the land bears any structure like hospital, school, dispensary.
Though several amendments have been made to it, the Central Land Acquisition Act, 1894 still falls short of being a foolproof system especially in all procedures and processes of acquiring land for industrialization.
The most recent plans being contemplated related to the Act
is to amend the Land Acquisition Act of 1894 in a manner that
does away with an entire section that empowers the Government
to acquire land for private parties for the purpose of industrial
development in the backward regions. It also seeks to define
the "public purpose" for which the Government
is allowed to acquire private land and properties.
With controversy surrounding the acquisition of land for development
projects and Special Economic Zones (S.E.Z.s), the Centre seeks
to replace the Land Acquisition Act, 1894 eliminating the Government's
right to acquire land for promoting industrial estates and the
S.E.Z.s. It will however, retain powers to intervene in which
vested elements adopt malafide means to prevent establishment
of S.E.Z. or any other project. It is believed that resettlement
and rehabilitation projects as well as irrigation and power
projects will also get a fillip.
Quick Review
- Came into force on March 1, 1894.
- It extends across the whole country except Jammu and Kashmir.
- This Act was enacted by British Govt. in 1824 for acquiring
land required for public purpose and for determination of
compensation amount to be paid on account of acquisition.
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