West bengal act xxv of 1974 welcome to west bengal. West bengal land requisition and acquisition act 1948. Industrial concern co be deemed company for certain purposes. Till 20, land acquisition in india was governed by land acquisition act of 1894. Land acquisition literally means the acquisition of land for some public purpose by a government agency from ind. Act i of 1894 the land acquisition act, 1894 contents. Ordinance also dilutes clause on return of unused acquired land. From land reform to land acquisition in west bengal. Land acquisition refers to the process where a government acquires land from land owners for any purpose. Sc notice in challenge to 65yearold land acquisition. Full text of the west bengal land reforms act, 1955. The west bengal estate acquisition act 1953 advocatetanmoy. West bengal act x of 1956 the west bengal land reforms act, 1955. To buttress their claim over the land, reference is made to section 61 of the former land acquisition act of 1894.
In this act, unless there is anything repugnant in the subject or context,a said act means the land acquisition act, 1894. 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. The states eminent domain provision under colonial land acquisition act, 1894 is the major cause that forcefully. West bengal land reforms and tenancy tribunal act, 1997. The recent experience of west bengal would testify that this is a matter with grave sociopolitical consequences, critical enough to disrupt and perhaps even stall the pace of industrialisation. Land acquisition act 1965 uganda legal information institute. In section 9, after subsection 3, insert the following subsections, namely. In the construction of section 6 of the land acquisition act, 1894, the publication of a notification under section 32 of the darbhanga improvement act, 1934, shall be deemed to be the date of the publication of the declaration under section 6 of the land acquisition act, 1894, for the purposes of section 23 sixthly and section 24 fourthly of. The west bengal land reform act 1955 advocatetanmoy law library. A beautiful power point presentation on land acquisition act 1894 and the acquisition procedure in keralahighly useful for revenue officers in kerala. Orders directions of the 1st appellate authority here the additional district magistrate land acquisition and 2nd appellate authority here the west bengal information commission. Land, person interested, collector, court, company, public purpose. 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. 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.
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. West bengal act xxv of 1974 west bengal judicial academy. Land acquisition act, 1894 can posco cross the indian border. Mar 24, 20 land acquisition act, 1894 can posco cross the indian border. West bengal act xxv of 19741 the west bengal industrial infrastructure development corporation act, 1974. The acquisition of land under the act of 1894 is reversing the forces of empowerment. 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. The west bengal estate acquisition act, 1953 12th february, 1954. 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. Acquisition act, 1894 hereinafter the land acquisition. By the enactment of this act, the rights and interests of the intermediaries got vested to the state w.
This acquisition is subject to payment of compensation to the owners or to persons interested in the land. 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. Orders compiled in a manual, in third time 1st in the year. Oct 16, 2004 land acquisition in a west bengal district. An act to make provision for the compulsory acquisition of land for public purposes and for matters incidental thereto and connected.
State policy and agrarian challenges dilip mookherjee boston university igc bihar conference, patna july 21, 20 d. Until recently, t wo land acquisition acts were in vogue in west bengal. Lands acquisition act 1994 act legislation register. An act to provide for the requisition and speedy acquisition of land for certain purposes. 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. While agricultural land following acquisition now lies. It forms the parent act and is the basis of all central and state laws relating to compulsory. 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. 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. Calcrrtro, rwder nibsectior i of sccion 3 of tie west bengal land reqrrisirion atrd acqrrisiriotr acr, 1948. Power to enter and lake possession, and compensation on restoration. West bengal estates acquisition act 1953 complete act. West bengal act 111 of 1965 the west bengal land requisition and acquisition validation of orders act, 1965.
Power of corpora li oil o lay down pipes, conduits, clc. In free india, on demand of the people in west bengal, the west bengal estates acquisition act, 1953 was enacted. Notification that particular land is needed for a public. It also includes any commencement, amendment, repeal or expiry affecting. Since the british days, the framework of law for compulsory acquisition of private land has been provided mainly by the land acquisition act, 1894. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. Generally, the purpose is related to development projects conducted either by psus public sector units or the private sector. Land acquisition action of acquiring private land by the state as per provisions of the law of the land.
The west bengal industrial infrastructure development 35 corporation act, 1974. The preamble of the land acquisition acti of 1894 explains the reason which led to its. Land acquisition and industrialisation in west bengal. Bombay land acquisition officers proceedings validation.
The land acquisition act, 1894 west bengal judicial academy. 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 section heading part i preliminary 1. 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.
The land acquisition act of 1894 which was imposed in india since the time of british rule. Recent introduction of kolkata land revenue act, west bengal land. The west bengal land reform act 1955 advocatetanmoy law. Definitions part ii acquisition preliminary investigation 4.
Land acquisition issues isid institute for studies in. Expansion of states activity in promoting public welfare. The land acquisition act, 1894 is a law in india and pakistan that allows the government to acquire private land in those countries. 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. Recently on april 20, the centre for studies in social science, calcutta, organised a oneday workshop on the topic. West bengal will not implement land act amendments. Download pdf 1607 kb add keywords report error disclaimer. The words provincial government were first subsitituied for the. 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. On 31 december 20, the president of india promulgated an ordinance with an official mandate to meet the twin objectives of farmer welfare. Iv the west bengal acquisition of homestead land for agricultural labourers, artisans and fisherman act, 1975. 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.
An acr to validare cerrait orders nlark by rlte first lnrrrl acqttisiriotf collector. Penally for construction or use ofland and buildings contrary lo terms and conditions. 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. The west bengal industrial infrastructure development corporation act, 1974. Authorised by the act parliamentary counselalso accessible at. The land acquisition act, 1894 act i of 1894 c o n t e n t s part i preliminary sections 1. 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. Now land acquisition is expected to be completed in a period of six to seven months. Bengal regulation i of 1824 and culminating in the land.
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. None of the intermediaries and the raiyats or underraiyat could hold land in excess of the. The land acquisition drive of the left front government for promoting industries is at present the most controversial public issue in west bengal. Files petitions filed under section 61 of the right to information. 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. Pdf land acquisition in a west bengal district researchgate. Jan 28, 2017 land acquisition refers to the process where a government acquires land from land owners for any purpose. Powers of rhe corporation in case of certain defaults by owner of and in industrial area. In this act, unless the context otherwise requires appointed officer means a person appointed under. 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. The west bengal land reforms act, 1955 laws of india. None of the intermediaries and the raiyats or underraiyat could hold land in.769 475 919 1086 1185 639 27 442 963 1472 1540 1538 692 1025 1078 718 1472 1110 1375 557 1069 681 1199 968 911 1338 929 1203 1184 172 543 1400 951 555