Difference between land acquisition act 1894 and 2013
Answers
1. The title
1894 - The name of old law sounds like the primary purpose was the acquisition of land.
2013 - The title has been amended to reflect the principle objective of the new Bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition.
2. Forced acquisitions
1894 once the acquiring authority has formed the intention to acquire a particular plot of land, it can carry out the acquisition regardless of how the person whose land is sought to be acquired is affected.
2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land is sought to be acquired. This ensures that no forcible acquisition can take place.
3. No safeguards
There is no real appeal mechanism to stop the process of the acquisition. A hearing (under section 5A) is prescribed but this is not a discussion or negotiation. The views expressed are not required to be taken on board by the officer conducting the hearing.
2013 – provides Multiple checks and balances. It involves the participation of local Panchayati Raj institutions prior to the start of any acquisition proceeding. Monitoring committees at the national and state levels to ensure that R&R obligations are met have also been established.
4. Silent on resettlement and rehabilitation of those displaced:
There are absolutely no provisions in the 1894 law relating to the resettlement and rehabilitation of those displaced by the acquisition.
2013 – This law links land acquisition and the accompanying obligations for resettlement and rehabilitation
1894 - The title of old law appears like the initial purpose was the acquisition of land. Once the acquiring administration has established the purpose to obtain an appropriate plot of land, it can carry out the acquisition regardless of who was the individual whose land is sought to be procured is affected.
2013 - The title has been revised to indicate the primary intention of the new Bill is fair payment, through resettlement and restoration of those affected, satisfactory safeguards for their well-being and comprehensive transparency in the manner of land acquisition.
In cases where PPP projects are concerned or acquisition is taking place for individual companies, the Bill demands the permission of no less than 70% and 80% sequentially (in both cases) of those whose land is solicited to be obtained. This guarantees that no persuasive possession can take place.