Latest news with #1894Act
Hindustan Times
30-07-2025
- Politics
- Hindustan Times
Bengaluru Peripheral Ring Road landowners demand justice after 20-year wait. ‘No award, no rehabilitation'
Landowners affected by the proposed Peripheral Ring Road (PRR) project in Bengaluru have submitted a legal representation to the Bangalore Development Authority (BDA), demanding urgent action on what they describe as a two-decade-long violation of their rights. The landowners claim they have faced enormous hardship due to this prolonged limbo. (Representational Image)(PTI Photo) The letter, addressed to the BDA Commissioner, outlines grievances regarding lapsed land acquisition, lack of compensation, mental distress, and an alleged arbitrary reduction in guidance value. The signatories argue that the preliminary acquisition notifications were issued over 20 years ago under the now-lapsed Land Acquisition Act of 1894. Referring to the Supreme Court's judgment in Indore Development Authority vs. Manoharlal (2020), they assert that any acquisition where no Award is passed within five years must be treated as lapsed. (Also Read: '45 acres for sky deck, only 9 for transport hub': Bengaluru MP PC Mohan slams government priorities) Holding on to land without issuing an Award or compensation, they state, is unconstitutional and violates Article 300A of the Indian Constitution which protects the Right to Property. The landowners claim they have faced enormous hardship due to this prolonged limbo. They have been denied the ability to use or develop their land, with no Award, compensation, or rehabilitation provided under either the 1894 Act or the more recent Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act of 2013. "Landowners have suffered mental distress, financial stagnation, and missed economic opportunities," the letter notes, while also expressing concern over the lack of representation in the Price Fixation Committee. They argue that this exclusion undermines transparency and fairness in the valuation process. The representation also strongly objects to what they call an "arbitrary and discriminatory" reduction in guidance value for PRR-marked properties, alleging it is a deliberate move to lower compensation amounts. They argue that such actions violate principles of natural justice and deflate property value only for affected landowners, while surrounding areas continue to appreciate. What are their demands? The letter lays out specific demands if the BDA and the Karnataka government intend to continue with the PRR or associated projects such as the Bengaluru Business Corridor. These include: Issuing a fresh acquisition notification under the LARR Act, 2013 with full procedural compliance. Providing compensation for economic and emotional harm caused by the delay. Including affected landowners as equity stakeholders in upcoming commercial or township projects, drawing on models used in Delhi and Andhra Pradesh. Offering at least one government job per displaced family as part of a humane rehabilitation policy. The landowners warn that continued inaction will compel them to seek remedies through the Karnataka High Court and democratic channels. "The present state of indefinite acquisition without Award, suppressed land value, and lack of stakeholder engagement is legally untenable and ethically indefensible," the letter concludes. What is the PRR project? The Peripheral Ring Road (PRR) project, launched by the Bangalore Development Authority (BDA), aims to improve connectivity across the outer stretches of Bengaluru. In April 2007, the BDA issued a preliminary notification to acquire 1,810 acres of land across 67 villages for Phase I of the project. Spanning 74 kilometers, the PRR Phase I is designed to link several key highways and state roads, including Tumakuru Road (NH-4), Hesaraghatta Road (SH-39), Doddaballapura Road (SH-9), Ballari Road (NH-7), Hennur–Bagalur Road (SH-104), Old Madras Road (NH-4), Hoskote–Anekal Road (SH-35), Sarjapur Road, and Hosur Road (NH-7). The project was envisioned as a major decongestion initiative for the city's core traffic zones. (Also Read: Bengaluru landowners may face tax hike due to PRR project: Report)
Time of India
11-06-2025
- Politics
- Time of India
The land beneath our laws: From 1894 to 2025!
Company Secretary - Aditi Maheshwari & Associates. Author- The Unblinking Eye! and Walking The Rainbow of Life! India's land acquisition story is not just about transferring ownership; it's a reflection of shifting power equations—between the State and citizen, development and displacement, past and progress. The evolution of land acquisition laws from colonial-era expropriation to people-centric, transparent frameworks is one of the most significant transformations in India's legal and governance landscape. As of 2025, this evolution is not just legal—it is digital, environmental, and deeply social. The British colonial government institutionalised the Land Acquisition Act of 1894 to formalise the state's authority to acquire private land for 'public purposes.' This law was engineered more for administrative efficiency than justice. Compensation was nominal, determined by government valuation, and there was no requirement for consent or rehabilitation. Landowners were essentially dispossessed by decree. Though the Act used the language of development, it served the colonial imperative—railways, plantations, administrative buildings—disregarding indigenous rights and customary land use. Unfortunately, this paternalistic model continued long after independence, with the 1894 Act remaining in force until the 21st century. Despite India's transition to democracy, the 1894 law lingered, largely unchanged. Attempts to amend it in the 1960s failed to address its core problems: forced acquisition, poor compensation, and complete neglect of rehabilitation. The discontent was palpable in countless agitations across the country—from Narmada Bachao Andolan to Bhatta-Parsaul—each highlighting the deep distrust between landowners and the State. By the early 2010s, the need for a comprehensive overhaul was undeniable. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act) was enacted in 2013 to replace the outdated 1894 Act. The new law reversed the principle of acquisition—from the State's right to the people's consent. It introduced: Enhanced compensation (up to 4× market rate in rural areas), Mandatory consent (70% for PPPs, 80% for private projects), Social Impact Assessments (SIA), Rehabilitation and Resettlement (R&R) as enforceable rights, Return of unused land within five years, Transparency and public accountability mechanisms. While pathbreaking in intent, the rollout has been uneven across states. Implementation challenges, bureaucratic delays, and dilution attempts through state-specific amendments have blunted its full impact. 2014–2025: India has seen mixed outcomes post-LARR. On one hand, it has fostered a more balanced acquisition ecosystem in urban infrastructure, railways, and industrial corridors. On the other, challenges in rural and tribal areas persist—particularly with laws like the Coal Bearing Areas (Acquisition and Development) Act, 1957 which circumvent LARR protections. Several developments post-2020 have shaped the current land acquisition climate: a) Environmental and procedural reforms In 2025, the Ministry of Road Transport and Highways mandated fixed timelines for land acquisition and clearances to avoid project delays, particularly for national highways. This move is aimed at de-bureaucratising acquisition while maintaining regulatory integrity. b) Digital modernisation Under the Digital India Land Records Modernisation Programme (DILRMP), states like Chandigarh have digitised land mapping using GIS and drones, reducing fraudulent claims and simplifying acquisition logistics. Aadhaar-enabled identification and blockchain-backed registries are also being piloted in several districts. c) Judicial Intervention The Supreme Court of India, in a landmark 2025 ruling, asserted that land compensation cannot be mechanical. In the Noida land acquisition case, it directed full compensation to farmers even after a 30-year delay—reaffirming the primacy of equity over technicality. d) State-led innovations: Land pooling models States like Punjab have introduced voluntary land pooling schemes to enable urban expansion. Though these are touted as development-friendly and consent-based, experts caution against the dilution of safeguards provided under the LARR Act. Outlook as of mid‑2025: Progress with Caveats. As India recalibrates its development trajectory, the status of land acquisition presents a mixed yet hopeful picture. Several key trends define the present scenario: Fast-track infrastructure projects: Mandatory timelines for land acquisition and statutory clearances have streamlined national highway projects. The procedural predictability is attracting more bidders and reducing project delays. Return of unused land: Reinforcing LARR's spirit, amendments to the National Highways Act now obligate the return of acquired land if not utilised within five years, strengthening accountability. Digital and transparent acquisition systems: Unified digital land records, GIS-based mapping, and real-time tracking of acquisition status have made the process more transparent and less prone to manipulation. Judicial checks on arbitrary compensation: Courts are increasingly intervening to ensure that compensation considers location, future development potential, and equitable treatment of all affected parties. Social and environmental justice gaps remain: The Social Impact Assessment mechanism still lacks depth in capturing environmental and gender-specific impacts. Particularly in tribal and ecologically sensitive zones, assessments often remain perfunctory. Land is not merely an economic asset in India—it is emotion, identity, and legacy. As development intensifies, the State must evolve from being an acquirer to an enabler. This means: Expanding LARR's framework to include climate resilience, biodiversity valuation, and gender parity in compensation. Investing in local capacity building, especially for panchayats and district magistrates who anchor acquisition processes. Revisiting exemption laws like the Coal Bearing Areas Act, to align with constitutional rights and ecological mandates. Strengthening tribal protections, especially in Scheduled Areas, under PESA and FRA laws to make consent not just procedural but meaningful. India's land acquisition journey—from colonial extraction to constitutional empowerment—reflects its democratic maturation. The LARR Act of 2013 was a turning point, but as of 2025, it needs strengthening, not rollback. The challenge now is to build on its ethical foundations, reinforce justice, and recognise land acquisition not as a transaction—but a transformation. Only then can we say the law truly serves the people it affects most. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.
Time of India
08-05-2025
- Business
- Time of India
Compensation for land acquisition must be guided by equality, equity, justice: SC
NEW DELHI: The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify otherwise. The bench said it must caution against an "excessively positivist" approach in matters of land acquisition. "It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it said. The apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram district. The bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model Township. The determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it added. The bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness. "This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it said. The bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time. "Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it said. The bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 verdict. It upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre. "The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench said. It noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt". The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
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Business Standard
07-05-2025
- Business
- Business Standard
Land compensation must reflect equity, justice and fairness: Supreme Court
The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify otherwise. The bench said it must caution against an "excessively positivist" approach in matters of land acquisition. "It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it said. The apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram district. The bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model Township. The determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it added. The bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness. "This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it said. The bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time. "Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it said. The bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 verdict. It upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre. "The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench said. It noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt". The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
Time of India
07-05-2025
- Business
- Time of India
Compensation for land acquisition must be guided by equality, equity, justice: SC
GIF89a����!�,D; 5 5 Next Stay Playback speed 1x Normal Back 0.25x 0.5x 1x Normal 1.5x 2x 5 5 / Skip Ads by Live Events New Delhi: The Supreme Court on Wednesday said the compensation for land acquisition cannot be assessed in a mechanical manner but must be guided by considerations of equality, equity and justice. A bench of Justices Surya Kant and Ujjal Bhuyan said a fundamental principle in land acquisition jurisprudence was that lands with similar locational and developmental potential must be compensated equitably unless clear, objective distinctions justify bench said it must caution against an "excessively positivist" approach in matters of land acquisition."It is well understood that the very exercise of assessing compensation is antithetical to rigid formalism. Compensation cannot be assessed in a mechanical or formulaic manner but must be guided by considerations of equality, equity, and justice," it apex court's verdict came on a batch of cross-appeals filed by the Haryana State Industrial and Infrastructure Development Corporation and several landowners challenging the quantum of compensation awarded by the Punjab and Haryana High Court for the land situated in Fazalwas and Kukrola villages in Gurugram bench observed the acquisition proceedings commenced in April 2008 and the public purpose of the acquisition was to build Chaudhary Devi Lal Industrial Model determination of compensation for compulsory acquisitions under the Land Acquisition Act, 1894, was fundamentally an exercise in equity, it bench said instead of being a "precise science", the law of compulsory acquisition in India strives to uphold the enduring principles of justice, equality and fairness."This ethos is reflected in the procedural framework of the 1894 Act and has been further refined by its successor-statute, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," it bench said the apex court has consistently held that the determination of market value and corresponding compensation must necessarily factor in the escalation of land prices over time."Given the inherently dynamic nature of real estate markets, any assessment of land value cannot remain static but must reflect prevailing economic conditions, infrastructural developments, and increasing demand," it bench partly allowed the appeals of the landowners from Kukrola Village and modified the high court's May 2022 upheld the high court order granting compensation for the "outer belt", that is, lands beyond 5 acre from NH-8, at Rs 62,14,121 per acre."The compensation granted for the 'inner belt', i.e., lands situated in Kukrola and abutting the NH-8 up to a depth of five acres are awarded parity with that of village Fazalwas, i.e., Rs 1,21,00,000 per acre," the bench noted the high court essentially categorised the lands acquired from these two villages into the "inner belt" and the "outer belt".The apex court noted the "inner belt" referred to lands abutting NH-8 up to a depth of 5 acre whereas the "outer belt" comprises lands beyond that limit.
