Please do correct me if I am wrong. A bench held that section 3J is violative of Article 14. Ownership and Title Determinations. Any person who is interested in the land may within 21 days from the date of publication of notifications under section 3(a). 2 3. Land Acquisition Guidelines. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013, which encompasses the National Highways Act 1956 as well. 1. For reprint rights: Times Syndication Service, BENGALURU: In an important observation, the, Land acquisition Act provisions not applicable to acquisitions made under National Highways Act: HC, What makes the Expert Series of PCs from ASUS an expert choice for your business, Bumble encourages single Indians to make the first move with its brand new campaign. Determination of Program Needs. Gadkari last month said that the government is working on a plan to offer not only equity to farmers but enhanced compensation which will be four times the actual land cost. Table of Contents . Devajyoti Barman (Expert) … Land required by MORTH for National Highway projects is acquired under the provisions contained in section 3 of the National Highway (NH) Act 1956 the Right to fair compensation. In this we have given the some of the most important books for National highways act. September 2013 and came into force on January 2014. The government has taken the decision to raise the compensation as per the Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act) that was implemented to assure right to fair compensation and transparency in land acquisition. Section 3J said Land Acquisition Act provisions would not apply to NH Act. Definitions and Acronyms. Applicability of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 to land acquisition under the National Highways Act 1956-31.03.2016 Applicability of RFCTLAAR Act for LA under NH Act 1956-08.08.2016 The other applicable circulars are as … 17 7. The process of land acquisition Solatium is apart and parcel of Compensation that is payable for compulsory acquisition of land, which may fetch a better price in the market to the Landowner. Land acquisition pace up after enhanced compensation: Nitin Gadkari 22 Feb, 2016, 08.29 PM IST. In the RFCTLARR Act, 2013 first schedule and third schedule clarify such things which are mentioned below. 4 4. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. 7 5. BENGALURU: In an important observation, the Karnataka high court has said that provisions of new land acquisition Act, 2013 are not at all applicable to acquisitions made under National Highways Act, 1956, a special law. Where in respect of land, a notification has been published under section 3A but no declaration has been published within 1 year from the date of publication, the notification shall cease to have any effect. As per the land acquisition law of 2013 (known as RFCTLARR), minimum compensation is to be a multiple of the circle rate, plus value of the assets attached to … “The Land Acquisition Act, 2013, fixes compensation for acquired land at rather high levels. Directing the owner as well as any other person who may be in possession of the land to surrender or deliver possession of the land to the competent authority or any other authorised person within 60 days. On behalf of Farmer . An assessee partnership firm has received compensation for land acquired by state government which as per section 96 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not liable to income tax. The National Highways Act, 1956 book pdf is free and available for everyone to download as a pdf. a. Differences between Land acquisition act of 1894 and 2013 act Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The issue here is whether the land acquired compulsorily by NHAI via National Highway Act, 1956 for which compensation is paid as per the new Act is exigible to income tax? 1894. There was recent news in the media that the CM of utter Pradesh has given his moth for the development of the six-lane highway project and this would set an example for other people that the benefit of the larger group is important although all the people would get fair compensation for this project.The provision mentioned below is some of the important provisions and the process of the land acquisition Act. A Manual of Guidelines on Land Acquisition for National Highways under The National Highways Act, 1956 (4.44KB) Land Acquisition under the National Highways Act, 1956 – comprehensive guidelines thereon, letter dated 28.12.2017 (5.56KB ) Standardised Formats for Land Acquisition Notifications Land required by MORTH for National Highway projects is acquired under the provisions contained in section 3 of the National Highway (NH) Act 1956 the Right to fair compensation. Pursuant to the enactment of the RFCTLARR Act of 2013 and its coming into force with effect from 01.01.2014, certain provisions of the 2013 Act became applicable to At present, land acquisition for the Pathankot-Mandi National Highway widening project is in progress. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, became applicable to the other related acts mentioned in the Fourth Schedule, including the NH Act, 1956 w.e.f. But also after this Acts, the amount of compensation was in question as to what amount should be given in compensation and what Will be the fair amount of compensation and to answer such questions and to determine the market value of Land. We learnt about the fair compensation for acquired rural land under Land Acquisition Act 2013, and are wondering if the same applies to rural land acquired under NHAI act 1956 now? Land Acquisition constitutes the first basic requirement for capacity addition of an existing road notified as a National Highway or development of a Green-field National Highway. 11 6. In turn, this makes land acquired for affordable housing expensive and contributes to high costs. This act ensures that the government doesn’t violate the rights of the person and they could get fair compensation for their land and also they can give their objection and Will also get a fair chance to get heard this act have brought transparency and fair compensation and it is also very important for the democracy and betterment of the country. 2. Section 3(a) defines competent authority as the central government may declare it’s the intention to acquire land (defined under Section 3(b).Section 3(b) gives the authorised person power to conduct inspection, survey, measurement, etc. Land Acquisition Project Planning. The enhanced compensation is being sought under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Times of India News App for Latest City News, Copyright © 2021 Bennett, Coleman & Co. Ltd. All rights reserved. The provisions of the act make sure that if the authority is taking the land of any person for the development of roads then the person should get a fair compensation of that place. The Award was passed in the year 2016 by the Land Acquisition Collector/Competent Authority. Introduction 2 2. Section 3D if no objection has been made or the objection has been disallowed. The case relates to acquisition of land in 2004-05 for four-laning of National Highway No. The 2013 Act for the first time, integrated Land Acquisition with Rehabilitation and Resettlement (R&R) and Social Impact Assessment (S.I.A. All cases which have not been announced under section 3G of NH Act till 31.12.2014 or where such award had been announced but compensation had not been paid in respect of the majority of the Land holdings under acquisition as on 31.12.2014, the compensation would be payable under the first schedule. Subject: Taxability of the compensation received by the land owners for the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘RFCTLAAR Act’) – regarding Thanks in advance. Sec. But as per the new Act 2013 that's is The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 such act shall apply and not apply in the following acquisition and those are mentioned below:- Land Acquisition Act 1 of 1894 not to apply.—Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.] Section 3F gives the lawful person authorised by the central government to enter and perform other necessary acts upon the land for carrying out the building, maintenance, management operations of National Highway. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). Section 3(c) under these objections have to be made to the competent authority and also should state the ground for objections. The highways are the essential modes of transport and NHAI (National Highway Authority of India) and the land acquired by the authorities. 26 9. Their land, as described in para No.2 of the writ petition, has been acquired by respondent No.1 under the National Highways Act, 1956, for widening and development of National Highway No.2 (Eastern Peripheral Express Way). The New Act came into force on 1st January 2014, thereby repealing the erstwhile Land Acquisition Act, 1984. The Act overrode the Colonial Land Acquisition Act (L.A.A.) ). Environmental Site Assessments. After giving the proper opportunity of hearing, the competent authority may allow or reject the objection. The law is to serve society and this law was also made for the same. The introduction of RFCTLARR Act, 2013 and application of its select provisions (First, … the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir 01.01.2015 in terms of Section 105 (3) of the RFCTLARR Act of 2013. The supreme court on Thursday held that solatium and interest, besides compensation, are to be paid to a landowner whose land is compulsorily acquired for Construction highway in the Country. Section 3E has vested the power in the competent authority to issue a notice in writing. Land Acquisition Methods and Authorities. Land acquisition is an important issue and the law is effective legislation and it is so effective that the compensation is on the market value of Land so it Will be fair with the person who holds the lands. Acquisition of land was made under the National Highways Act, 1956. In this rare technical situation, a necessary party who is not in the suit differs from an “indispensable party,” who must be joined if the lawsuit is to proceed, and from a “proper party,” who could be joined but is not essential. Sweet resolutions you could make for New Year! I am directed to say that the land required for National Highway Projects is acquired under the provisions contained in Section 3 of the National Highways (NH) Act, 1956. The transport is also a perimeter to judge the Condition of the Country. The competent authority may submit a report to the Central Government and on receipt of such a report, the government shall declare by notification in the official gazette that the land should be acquired under Section 3A. There was a time were government authorities used to take the land of people and used it as the land was there and didn’t use to pay compensation to the owner of the land. “The provisions of new land acquisition Act do not override or render the provisions of National Highways Act otiose (idle). b. Valuation Issues 24 8. Also in a significant ruling. Learn about the most important concepts of the NHA, 1956 such as the national highway authority of india, national highway rules and regulations etc. For example, government should award Rs 1.14 crore as compensation for land worth Rs 40 lakh. 1. 16 March 2014 Hi, I beg to differ from our learned expert with due respect. Bengaluru: Retired army officers offer affordable online education for students, Watch: Amid Covid protocols, Bengaluru set to welcome New Year 2021, Watch: Forest officials treat injured jumbo with help of trained elephants, NSUI activists climb over gate, barge into Nagpur University campus during stir, Nagpur: Cops intensify night patrolling ahead of New Year celebrations, Top food trends that are going to rule 2021, Popular New Year food traditions from around the world, Shawls for men: Classic picks for layering over winter outfits, Party decorations for at-home celebrations, Terms of Use and Grievance Redressal Policy. The pace of land acquisition for highway projects has jumped manifold after enhanced compensation with the new law proving a boon, Union Minister Nitin Gadkari said. R. Narayana Pisharadi, J.:— Land having an extent of 59 square metres, owned by the appellant in Aluva West Village, with a portion of the building therein, was acquired for the purpose of widening of National Highway from Mannuthy to Aluva. Section 3G and 3H lays down the procedure for depositing the amount for compensation. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. In cases were the Land acquisition process was initiated and the award for compensation under section 3 G had been announced before 1.1.2015 but the full amount was not deposited with CALA, the compensation would be awarded under the first schedule of the act. 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