The notice given under subclause ii of clause aa of subsection 2 of section 7 shall be deemed to be the notice under subsection 2 of section 12 of the land acquisition act, 1894 for the purposes of the proviso to section. The land acquisition act, 1894 act i of 1894 c o n t e n t s section heading part i preliminary 1. The preamble of the land acquisition acti of 1894 explains the reason which led to its. Jan 03, 2015 the nda governments ordinance to amend the land acquisition act does not merely expand the list of projects that would be exempted from requirements of consent and social impact assessment but also quietly makes other provisions in the law less stringent. Power of corpora li oil o lay down pipes, conduits, clc. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. Full text of the west bengal land reforms act, 1955. Period and manner of service of notices and procedure for deposit of produce and intimation in respect thereof. Land acquisition act, 1894 can posco cross the indian border. The west bengal industrial infrastructure development 35 corporation act, 1974. The purpose of this paper is to analyse the recent land acquisition and eviction experience of west bengal to get a grip on the general problem of. Authorised by the act parliamentary counselalso accessible at.
The words provincial government were first subsitituied for the. Land acquisition and industrialisation in west bengal. From land reform to land acquisition in west bengal. This acquisition is subject to payment of compensation to the owners or to persons interested in the land. A beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. The west bengal land reform act 1955 advocatetanmoy law. Industrial concern co be deemed company for certain purposes. In section 9, after subsection 3, insert the following subsections, namely. The states eminent domain provision under colonial land acquisition act, 1894 is the major cause that forcefully.
I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. Power to enter and lake possession, and compensation on restoration. West bengal chief minister mamata banerjee on tuesday launched a stinging attack at centre for its decision to amend the land acquisition act through an ordinance terming the move as black and unjust and said her government will never implement it. Moreover, the government continues to rely on the land acquisition act enacted by an earlier colonial regime for such purposes. The land acquisition act, 1894 west bengal judicial academy. On 31 december 20, the president of india promulgated an ordinance with an official mandate to meet the twin objectives of farmer welfare. It also includes any commencement, amendment, repeal or expiry affecting. Whereas it is expedient to provide for the requisition and speedy acquisition of land for the purposes of maintaining supplies and services essential to the life of the community, increasing employment opportunities for the people by establishing commercial estates and industrial estates in different. Bombay land acquisition officers proceedings validation. The land acquisition act of 1894 which was imposed in india since the time of british rule. Acquisition and requisition of property falls in the concurrent list, which means that both the centre and the state government can make laws on the matter. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. Jan 28, 2017 land acquisition refers to the process where a government acquires land from land owners for any purpose.
There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is the land acquisition act, 1894. Files petitions filed under section 61 of the right to information. In free india, on demand of the people in west bengal, the west bengal estates acquisition act, 1953 was enacted. State policy and agrarian challenges dilip mookherjee boston university igc bihar conference, patna july 21, 20 d. Calcrrtro, rwder nibsectior i of sccion 3 of tie west bengal land reqrrisirion atrd acqrrisiriotr acr, 1948. The process of land acquisition for industrial development initiated since the mid1990s in west bengals paschim medinipur district threatens to undermine the propeasant policy of the left front government. An act to provide for the requisition and speedy acquisition of land for certain purposes. Land acquisition act, 1894 lucknow news times of india. Jul 19, 2011 a beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. An acr to validare cerrait orders nlark by rlte first lnrrrl acqttisiriotf collector. To buttress their claim over the land, reference is made to section 61 of the former land acquisition act of 1894. Since the british days, the framework of law for compulsory acquisition of private land has been provided mainly by the land acquisition act, 1894.
Act i of 1894 the land acquisition act, 1894 contents. Lands acquisition act 1994 act legislation register. Until recently, t wo land acquisition acts were in vogue in west bengal. Sc notice in challenge to 65yearold land acquisition. Land acquisition issues isid institute for studies in. Notification that particular land is needed for a public. Mar 24, 20 land acquisition act, 1894 can posco cross the indian border. Generally, the purpose is related to development projects conducted either by psus public sector units or the private sector. Oct 16, 2004 land acquisition in a west bengal district.
The acquisition of land under the act of 1894 is reversing the forces of empowerment. Ordinance also dilutes clause on return of unused acquired land nda govts ordinance to amend the land acquisition act, 20 quietly makes other provisions less stringent. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Acquisition act, 1894 hereinafter the land acquisition. The west bengal assembly has passed the land reforms amendment bill, 2012, to promote setting up of business establishments like factory, port and airport and also proposed to raise the upper ceiling of holding land from the existing 24 acres amendment of section 14 y of west bengal land reforms act, 1955 will allow entrepreneurs to hold more than 24 acres.
Ordinance also dilutes clause on return of unused acquired land. By the enactment of this act, the rights and interests of the intermediaries got vested to the state w. Full text of the west bengal land reforms act, 1955 see other formats. West bengal estates acquisition act 1953 complete act. None of the intermediaries and the raiyats or underraiyat could hold land in. Powers of rhe corporation in case of certain defaults by owner of and in industrial area.
West bengal act x of 1956 the west bengal land reforms act, 1955. Orders compiled in a manual, in third time 1st in the year. West bengal act x of 1956 1 the west bengal land reforms act, 19552 as modified up to the 1st january, 1999 30th march, 1958 an act to reform the law relating to land tenure consequent on the vesting of all estates and of certain rights therein3 and also to consolidate the law relating to land reforms in the. Iv the west bengal acquisition of homestead land for agricultural labourers, artisans and fisherman act, 1975. The west bengal land reforms act, 1955 laws of india. The land acquisition drive of the left front government for promoting industries is at present the most controversial public issue in west bengal.
Land acquisition in india refers to the process by which the union or a state government in india acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement land acquisition in india is governed by many actslaws such. Orders directions of the 1st appellate authority here the additional district magistrate land acquisition and 2nd appellate authority here the west bengal information commission. West bengal act xxv of 1974 west bengal judicial academy. An act to provide for the state acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under raiyats and of the rights of certain persons in lands comprised in estates. Act i of 1894, known as the central a ct and act ii of 1948, known as the state act. The west bengal industrial infrastructure development corporation act, 1974. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. This provision lays down that the state can take possession of acquired land, upon which the land would stand vested with the state free from all encumbrances. Bengal regulation i of 1824 and culminating in the land. Download pdf 1607 kb add keywords report error disclaimer. Land acquisition act 1965 uganda legal information institute. An act to make provision for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected. Land acquisition action of acquiring private land by the state as per provisions of the law of the land. At1 aci to provide jor rfre acqrrisirion of lntrd ill rlrml arcas on vhicll 11olresreod iras bee11 cosrrrrcrerl by niiy persorl beirzg an agricrrlrrrrnl laborrrer, ml arisat orujsltenrcrr ulrlcofcnrrett ofiirle.
West bengal act 111 of 1965 the west bengal land requisition and acquisition validation of orders act, 1965. West bengal land reforms and tenancy tribunal act, 1997. Land acquisition act, 1894 land acquisition may be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. In this act, unless the context otherwise requires appointed officer means a person appointed under. Publication of preliminary notification and powers of officers thereupon. Oct 16, 2004 the process of land acquisition for industrial development initiated since the mid1990s in west bengal s paschim medinipur district threatens to undermine the propeasant policy of the left front government. The west bengal land reform act 1955 advocatetanmoy law library. West bengal act xxv of 1974 welcome to west bengal. Land acquisition refers to the process where a government acquires land from land owners for any purpose.
West bengal will not implement land act amendments. Definitions part ii acquisition preliminary investigation 4. West bengal act xxv of 19741 the west bengal industrial infrastructure development corporation act, 1974. None of the intermediaries and the raiyats or underraiyat could hold land in excess of the. Even in the state of west bengal, which takes pride in implementing land reform measures, land acquisition had taken place at a faster pace than land reforms.
The earliest law on such land acquisition in the territory of present bangladesh was the bengal regulation i of 1824 enacted to promote british commercial interests in salt manufacture. Till 20, land acquisition in india was governed by land acquisition act of 1894. West bengal land requisition and acquisition act 1948. Now land acquisition is expected to be completed in a period of six to seven months. Expansion of states activity in promoting public welfare. The land acquisition act, 1984 the urban unit uspmu. It forms the parent act and is the basis of all central and state laws relating to compulsory. The west bengal estate acquisition act 1953 advocatetanmoy. Recently on april 20, the centre for studies in social science, calcutta, organised a oneday workshop on the topic.
In this act, unless there is anything repugnant in the subject or context,a said act means the land acquisition act, 1894. While agricultural land following acquisition now lies. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind. Recent introduction of kolkata land revenue act, west bengal land. Short title, extent and commencement l this act may be called he land acquisition act, 1894. The land acquisition act, 1894 act i of 1894 c o n t e n t s part i preliminary sections 1. Pdf land acquisition in a west bengal district researchgate. Penally for construction or use ofland and buildings contrary lo terms and conditions. Land, person interested, collector, court, company, public purpose.