Government decides not to repromulgate land ordinance

Date: September 01, 2015

PPP projects rural infrastructure industrial corridors

Government orders inclusion of 13 central laws within purview of Land Acquisition Act 2013

Giving up the ordinance route, government issued an 'order' to include 13 central Acts like National Highway and Railways Acts to extend benefits to those whose land is acquired under land law.

The order issued by the government under the removal of difficulties clause (Section 113) in the Land Act now extends the provisions relating to the determination of compensation, rehabilitation and resettlement to all cases of land acquisition under 13 central acts which were left out in the 2013 law.

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The Land Acquisition Act, 2013 had exempted 13 acts from its purview with the condition that they would be included under the purview of the act within one year. The NDA's ordinance brought these 13 acts under the new land law.

The ordinance also made significant changes in the Land Acquisition Act including removal of consent clause for acquiring land for five areas -- industrial corridors, PPP projects, rural infrastructure, affordable housing and defence.

Under the amended Act, 13 legislations, including those relating to defence and national security, to provide higher compensation and rehabilitation and resettlement benefits to farmers whose land is being acquired have been brought under the Centre's purview.

Under the ordinance, the mandatory "consent" clause and Social Impact Assessment (SIA) will not be applicable if the land is acquired for five purposes. These include,national security, defence, rural infrastructure including electrification, industrial corridors and building social infrastructure including Public Private Partnership (PPP) where ownership of land continues to be vested with the government.


UPA government extends the compensation and resettlement benefits under the law to land acquired under 13 different laws so far not covered including highways and railways laws.
This will mean land acquired for any purpose will now be eligible for the high compensation and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act).
The 13 central laws includes-
1. Railways Act, 1989.
2. Electricity Act, 2003.
3. Atomic Energy Act 1962.
4. Indian Tramways Act 1886.
5. Land Acquisition (Mines) Act 1885.
6. National Highways Act 1956.
7. Damodar Valley Corporation Act 1948.
8. Petroleum and Minerals Pipelines Act 1962.
9. Metro Railways (Construction of Works) Act 1978.
10. Coal Bearing Areas Acquisition and Development Act 1957.
11. Requisitioning and Acquisition of Immovable Property Act, 1948.
12. Ancient Monuments and Archaeological Sites and Remains Act 1958.
13. Resettlement of Displaced persons(Land Acquisition) Act, 1948.